Saba Cares Foundation

Section 3 A - Chapter 3
Mutual Obligations

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A - 3.1. Medical examination for the prospective Employee

1. The Employer shall determine whether a prospective Employee must submit a medical certificate showing fitness for the position to be filled before an employment contract is entered into.

2. The physician, who may be appointed by the Employer, must not be an Employee of the Employer and preferably should not be the family physician or a blood or relative (up to the fourth degree) of the prospective Employee.

3. The records of this examination shall remain the responsibility of the physician. The prospective Employee has the right to inspect the physician's statement before the physician sends the statement to the Employer.

4. The costs associated with this examination shall be borne by the Employer.

5. When a psychological examination precedes appointment, it shall be conducted by a licensed psychologist.

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A - 3.2. Certificate of Conduct

The Employer is entitled to request a Certificate of Conduct before an Employee is employed. If the Employee is employed pending the results of the examination, a negative result will result in the immediate termination of the employment.

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A - 3.3. Medical examination

1. The Employer may require the Employee to undergo a medical examination and/or check-up as often as reasonably deemed necessary if this is intended to have a preventive effect with regard to the health situation within the Employer's organization or in case of long-term - more than 6 weeks - and/or repeated Incapacity for Work and/or another reason for a medical examination and/or check-up.

2. The Employer is required to vaccinate eligible Employees in accordance with the guidelines of the Health, Environment and Hygiene Inspectorate.

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A - 3.4. Employer Obligations

1. The Employer is required to communicate the policy on health-care ethics issues to the extent necessary for Employee job performance.

2. The Employer shall provide the Employee, any required facilities for staff, tools and spatial facilities.

3. If proved necessary to both of them, the Parties will jointly examine the possibilities regarding (extracurricular) childcare for the benefit of the Employees.

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A - 3.5. Compensation for material damage

1. The Employer shall arrange insurance to cover damage (through no fault of its own) sustained by the Employee to the Employee's own car in the event of a call during the assigned on-call shift.

2. Reserved. The Employer and the Union agree to establish a regulation providing for transportation or compensation for Employees who work in on-call shifts. The regulation shall be established by April 1, 2024 and shall be retroactively effective from January 1, 2024.

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A - 3.6. Certificate

If so requested by the Employee, the Employer shall provide the Employee with a certificate at the end of employment. This will state the period of employment and the position most recently held. If so requested by the Employee, the certificate will also include an outline of the career and the performance of the position(s).