Corona and traveling
I would like to return to my home country is this still possible?
Traveling through Europe is still not easy. The European Commission has indicated that all workers who work in a country other than their home country must be able to go to and from work. These are, for example, the frontier workers or the seasonal workers. Member states may impose controls on borders, but they must be proportional. This means that member states should admit their own citizens, but often you also must travel through other countries. Contact the embassy of the home country for advice. Coronavirus is not yet under control in a number of countries or regions in Europe. The Dutch government provides information about places where you can and shouldn’t travel. This information is regularly updated. It is not recommended to travel to red (advice: do not travel) and orange (advice: only necessary travel) areas. If you have been in a red area, you must be quarantined for two weeks when you return to the Netherlands. Check also:
I have a temporary employment contract with the obligation of continued payment of the wages. I am on holiday in my home country. Am I now obliged to return to the Netherlands to work?
It depends on the situation. If you are not ill and there are no other circumstances under the RIVM guidelines that require you to stay at home (e.g. minor sickness complaints, sick housemate, quarantine), you can be expected to work after the holiday. This also applies to Dutch employees.
The employer is obliged to ensure a safe working environment in accordance with the advice of RIVM. However, there may be other guidelines in your home country that, for example, require you to stay indoors, not travel, or there may be closed borders that make your return impossible. If you cannot travel or cannot return due to measures taken by the local or other foreign authorities (closed borders), you do not have to return, and you are entitled to continued payment of wages. If there are no obstacles to return, the employer will not owe you any wages.
Can the employment agency fire me if I don't want to go back to the Netherlands?
If you do not want to return and there are no Dutch or foreign government measures that advise otherwise on this, the employer does not owe any wages. Dismissal is always the last measure, which means that the employment agency can be expected to first consider whether another solution is possible. For example, taking paid or unpaid leave. If the temporary employment agency wants to proceed with the dismissal, this must be first approved by UWV or the court judge, depending on the dismissal reasons.
I am on vacation to a yellow area whose travel advice is changed to orange during my stay. What do I have to take into account?
When returning from some travel destinations, it is strongly advised to go into quarantine for 10 days from return. Look for the current situation on the website of the National Government “Rijksoverheid“.
- If there is an agency work employment contract with agency clause or if the obligation to continue paying wages is excluded in the contract, the employer does not have to continue to pay the wages if no work has been performed.
I deliberately went on holiday to a country where the code "orange" or "red" applies. What now?
You consciously choose to go on holiday to a country with code red or orange, so you know that you have to go into quarantine after your return. Because you know this in advance, it can be said that the cause that you are unable to work lies within your risk sphere. This also means that you are not entitled to wages during the quarantine period.You can take holiday leave during this period.
The borders of my home country are closed (code orange) but I am going to the home country anyway. What now?
If the borders are closed, you cannot come back. If you travel to an orange country, you must first be quarantined when you return to the Netherlands.
Agreements with an agency clause end by operation of law because you cannot / do not want to work.
There is no right to continued payment of wages for contracts without agency clause with the exclusion of the obligation to continue to pay wages. This falls under the risk sphere of the employee.
In agreements with continued payment of wages there is no right to continued payment of wages. In principle, this falls under the employee’s sphere of risk. However, this can differ per situation.
Can I be obliged by my employer to take holiday leave during the corona crisis?
An employer may not oblige you to take holiday leave. Your employer can request you to take holiday leave, but you may refuse this.
What if I get sick while on vacation?
Days or parts of days on which the temporary agency worker is ill cannot be regarded as holidays. If you become ill during your holiday, you must report this to your employer immediately. You must prove your illness by means of a foreign doctor’s statement.
I came back from vacation and I don't want to be quarantined. Is that allowed?
Quarantine is (for the time being) an urgent advice. This may change in the future, so check the current situation well. However, the client must provide a safe working environment for other employees. The refusal of access to the workplace may be part of this. The employee, in turn, has the duty of behaving as a good employee.