Key Benefits:
Act of 26 October 1988 laying down rules relating to the transfer of staff of the Office of the State of Posts, Telegraphs and Telefonie to public limited liability company PTT Nederland NV
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
All of them, who will see or hear these, saluut! do know:
In this regard, we considered that it would be desirable to lay down rules on the transfer of staff from the Office of the Post Office, Telegraphy and Telefonie to the limited liability company PTT Nederland NV;
In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:
In the case of or under this law, the following definitions shall apply:
a. the Staatsbedrijf: the Staatsbedrijf der Posts, Telegraphy and Telefonie;
b. transitional date: the date on which the limited liability company PTT Nederland NV is established;
c. "staff member" means the person who, on the day before the transitional date, is employed by the State Enterprise, either as an official or under contract of employment under civil law, with the exception of the person in respect of whom, before the transitional date, a Decision on moving within the driving service has been taken;
d. the NV PTT: the limited liability company PTT Nederland NV, including a company in which PTT Nederland NV participates in the subscribed capital for more than half of the subscribed capital;
e. Our Minister: Our Minister for Economic Affairs.
1 Each member of staff shall have the right to enter into civil law on the transitional date by contract of employment of the NV PTT.
2 The contract of employment referred to in paragraph 1 shall be for an indefinite period if the staff member has been appointed to the State undertaking as a permanent or employment official under contract of indefinite duration.
3 For the staff member appointed to the State undertaking as an official in temporary employment or is employed by a contract of employment for a specified period of time, the contract of employment shall be valid for a period of time and for the period which the staff member of the State is employed. temporary employment or contract of employment in the State Company would have taken over, leaving aside any renewals on the transitional date.
4 The conditions of the contract of employment shall not be less favourable in whole than those applicable to the staff member on the last day of the calendar month preceding the transitional period by virtue of his employment relationship. State-owned company.
5 The contract of employment is a function which corresponds as much as possible to the function which the staff member last performs in the service of the State undertaking, except for some of the functions which our Minister has to perform.
1 On behalf of the NV PTT to be set up, an offer for the contract of employment is made by or because of our Minister.
2 The NV PTT shall be subject to the contract of employment established on the basis of the offer referred to in paragraph 1.
3 The offer must be made at least 30 days before the transitional date, in the absence of Article 4, first paragraph -Application misses out. If that is the case, then Article 4, third and fourth paragraphs , mutatis mutandis.
1 As from the date of transition, the staff member shall be automatically discharged from the service to the State holding company.
2 The resignation referred to in paragraph 1 shall not take place in respect of the staff member which, in accordance with the rules on appeal, is to be taken into account. Article 7, first paragraph , for the transitional date, objection has been lodged against the function offered, on the ground that, in relation to his personality and circumstances, the function provided for him is not appropriate for him to be considered as inappropriate for him, as far as the transitional date is concerned. the objection has been decided and any re-examination has not yet been completed.
3 In a case referred to in paragraph 2, the staff member's employment shall be maintained on the day before the transitional date, on the understanding that the staff member is employed by the Ministry as from the transitional date. of Economic Affairs.
4 If on the basis of an offer as intended in Article 3, first paragraph If a contract of employment is to be established, the staff member referred to in the previous paragraph shall be made redundant from the service of the Ministry of Economic Affairs on the effective date of the contract of employment of the Member State concerned. This staff member shall be placed as far as possible in the position that he would have had if he had been removed from the service at the State Enterprise on the transitional date of the law.
1 From the date of transition, a staff member with whom a contract of employment is as referred to in Article 1 shall be entitled to Article 2, first paragraph , is closed, claims to an institution referred to by the NV PTT as referred to in Article 4 (2) of the EC Treaty. Article 1 (1), first paragraph B or C , from the Pension and Savings Funds Act ( Stb. 1952, 275), which, in whole, are equivalent to that which this staff member has on the last day of the calendar month prior to the transitional period to the General Civil Pension Fund under the General Civil Code. Pension Act ( Stb. 1986, 540), and takes on the designated institution the related obligations.
2 The claims that a member of staff to whom the first member applies under the General Civil Pensions Act, with the exception of claims made or made applicable before the transitional date may have been incurred. shall be expiring on the date of transition, as well as the obligations arising therefrom from the General Civil Pension Fund vis--vis that staff member.
3 The provisions of paragraphs 1 and 2 shall apply mutatis mutandis to the staff member as referred to in paragraph 2. Article 4 (4) , except that the claims arising are due to expire on the date on which he enters into service with the NV PTT.
4 The Executive Board of the General Civil Pension Fund shall transfer to the institution referred to in the first paragraph some of the assets of the General Civil Pension Fund. The transfer will be determined on the basis of the cost-and-benefit method, calculated on the basis of a closing balance sheet of the General Civil Pension Fund at the end of the financial year preceding the year preceding the year of the year. the establishment of the NV PTT. The amount thus calculated will be multiplied by 1,045. The ability to be transferred will have the same return potential as the remaining part of the General Civil Pension Fund.
5 The claims made by the staff member of his former employment relationship to the State in the event of incapacity for work by virtue of the obligations of the Articles 42 of the General Staff Regulations of Officials ( Stb. 1931, 248), Article 32 C of the Labour Agreement ( Stb. 1931, 354) and Article E1 of the General Civil Pension Act expired with effect from the date on which the employment contract, based on the offer as intended Article 3, first paragraph , closed, entered into force.
1 Our Minister may, in agreement with our Minister of the Interior, by way of derogation from Article 5 for two years after the transitional date, the provision on the last day of the calendar month preceding the transitional date for entitlement to old-age and survivors ' pensions under the General Civil Pensions Act from the staff of the NV PTT to the General Civil Pension Fund.
2 The calculation of the pension claims referred to in paragraph 1 shall be calculated in accordance with rules to be laid down by a general measure.
3 In case of application of the first and second paragraphs of this Article Article 5, first to third paragraphs , mutatis mutandis.
4 By application of the first paragraph of this Article, automatic Article 5 (4) , and is the extent of the assets, which must be transferred by the Executive Board of the General Civil Pension Fund to the pursuant to date of expiry of the period referred to in the first paragraph of this Article, respectively. Article 5, first paragraph The institution designated by the NV PTT, determined by our Minister, in agreement with our Minister of the Interior.
5 A general measure of management as referred to in paragraph 2 or a change thereof shall not take effect sooner than two months after the date of issuance of the State Sheet where it is placed. The award shall be communicated without delay to the States-General.
1 Our Minister, in agreement with our Minister of the Interior and Kingdom Relations, shall lay down rules on the treatment of objections by a staff member against an offer as referred to in Article 4 (1). Article 3, first paragraph A Board of Appeal is instructed to issue an opinion on the matter, and a decision is taken by or on the basis of our Minister for the objection.
2 A decision as referred to in the preceding paragraph, taken in respect of a staff member appointed to the State holding office as an official is deemed to be a decision in the sense of Article 3 of the Civil Service Act 1929 ( Stb. No 530).
Our Minister may, in agreement with our Minister of Internal Affairs and Kingdom Relations, establish detailed rules regarding the implementation of the Articles 3 and 4 Some.
This Law shall enter into force on a date to be determined by Royal Decree.
This law may be cited as Staff Law PTT Nederland NV.
Burdens and orders that are in the State Sheet will be placed, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.
Given in Canberra, 26 October 1988
Beatrix
The Minister of Transport and Water,
N. Smit-Kroes
The Minister of the Interior,
C. P. van Dijk
Published the 24th of November 1988The Minister of Justice,
F. Korthals Altes
