Law of 3 September 1992 laying down detailed rules for the establishment of the Foundation for Agricultural Guidance
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 have taken the view that it is desirable to privatise the Agricultural Information Service, which provides for legal authorization for this privatisation on the basis of: Article 40 of the Comptability Act 1976 ( Stb. 671) is required, and it is also desirable to make any other legal arrangements;
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:
For the purpose of this Act:
a. Our Minister: Our Minister of Agriculture, Nature Management and Fisheries;
b. Agricultural Information Service: Service of the Ministry of Agriculture, Nature Management and Fisheries set up by the decision of Our Minister of 14 April 1989 (D&E 89/340);
c. foundation: Agricultural Information Foundation;
d. "staff member" means the person who, on the day preceding the transitional date, is employed by the Agricultural Guidance Service, either as a civil servant or by an employment contract in civil law;
Date of transition: Date to be determined by our Minister, to which, by virtue of Article 5, first paragraph , the staff member shall be employed by the Foundation.
1 Our Minister is authorized to set up, on behalf of the State of the Netherlands, or to set up the Agricultural Guidance Foundation.
2 The aim of the Foundation is to improve entrepreneurship and the technical and economic efficiency of the agricultural holding for workers on that farm, within the framework conditions of a sustainable, competitive and sustainable development of agricultural products. safe farming.
3 The Foundation is seeking to achieve its objective in particular by providing technical and economic information to workers in the primary sector of agriculture and horticulture.
1 Subject to the provisions of Article 5 The assets of the State which are allocated to the Agricultural Guidance Service at the date of establishment of the Foundation shall be entered on the foundation under a general title.
2 Our Minister may exempt certain assets from the transition referred to in paragraph 1.
3 Our Minister raises the assets which are transferred to the foundation by a chartered accountant or an auditor who is authorised to act in accordance with the above mentioned members. Article 70 B , first paragraph, point B , of the Law on the Register Accountants ( Stb. 1962, 258), a declaration deposited by the Foundation at the margins of the register provided for in Article 289 of Book 2 of the Civil Code.
When laying down the conditions of employment of the staff of the Foundation, the Social Regulations for Privatisation of Agricultural Information shall apply.
1 Each staff member in respect of whom Our Minister has not otherwise decided is employed by the Foundation on a contract of employment under civil law, as from the date of transition.
2 The contract of employment applies for an indefinite period. If the staff member was employed in temporary service for a specified period of time or worked on a fixedterm contract, the contract of employment of the period of employment which has not elapsed shall apply for a period of time or the period of employment of the staff member. employment contract for some time.
3 The contract of employment is a function which corresponds to the function which the staff member was recently employed in the Agricultural Guidance Service.
4 The conditions of employment as a whole shall not be less favourable than those applicable to the staff member by virtue of his service to the Agricultural Guidance Service.
5 The staff member shall be discharged from the service of the State by means of the contract of employment of the staff member.
6 By way of derogation from the first paragraph, no contract of employment shall be established with a staff member who, in accordance with rules to be made by our Minister, has raised objections to the transition in service to the Foundation, unless the contract is has withdrawn the objections before the transitional date. Our Minister decides on the objections.
7 If our Minister for the transitional date declares the objections unfounded, unless the staff member makes known to Our Minister within a week of notification of the decision, it shall be a contract of employment on the basis of transitional date, or, if the end of that week is after the transitional date, on the first day of the following month.
8 If, before the transitional date, our Minister for the Transitional Date is fully or partially justified, he may decide that the staff member will not be employed by the Foundation. If our Minister has not made such a decision, unless the staff member does not make known to Our Minister one week after notification of the decision, it will not be a contract of employment on the transitional date. or, if the end of that week after the transitional date, on the first day of the following month. The content of that contract of employment is in accordance with the decision of Our Minister.
9 If the staff member withdraws objections on or after the transitional date, a contract of employment shall be established on the first day of the following month.
10 If, on or after the transitional date, Our Minister declares the objections to be unfounded, unless the staff member makes known to Our Minister within a week of notification of the decision, it shall be a contract of employment. on the first day of the following month.
11 If, on or after the transitional date, our Minister makes the objections fully or partially justified, he may decide that the staff member shall not be employed by the Foundation or the Foundation to require the staff member to to offer a contract of employment, the content of which is in accordance with its decision.
Archiving documents held under the Agricultural Information Service shall be made available to the Foundation for a period of 20 years.
For the purpose of obtaining Article 3 Transfer tax continues to be charged by the foundation of the State's assets.
This Act shall enter into force on a date to be determined by Royal Decree which may not be established earlier than after having been represented in the Special Commission by the associations of public servants of the Member State concerned. Article 113 of the General Staff Regulations of Officials ( Stb. 1931, 248) agreement was reached on the terms of employment.
This law can be cited as Law Foundation for Agricultural Guidance.
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 at Gravenhage, 3 September 1992
The Minister for Agriculture, Nature Management and Fisheries,
P. BukmanPublished the eighth of December 1992
The Minister of Justice,
E. M. H. Hirsch Ballin