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Collective Labour Agreement Dutch Universities

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72<br />

as proof of pregnancy;<br />

d during the period in which the employee is on maternity leave as intended in Article 3.1<br />

paragraph 3 of the Work and Care Act and during a period of six weeks after resuming<br />

work or a period of incapacity for work as a result of the birth or the preceding<br />

pregnancy following maternity leave.<br />

2 The employer cannot terminate an employee's employment contract due to:<br />

a the employee exercising his right to parental leave;<br />

b marriage or partner registration of the employee;<br />

c the fact that the employee takes leave to attend meetings as part of the fulfilment of<br />

a public-law position, with the exception of an employee who, as a member, attends<br />

meetings of the House of Representatives of the States General or its committees or<br />

who has accepted an appointment as Minister or State Secretary;<br />

d placement on a list of candidates for the employee participation body as referred to<br />

in Article 1.1 sub o;<br />

e the performance of tasks flowing from his membership in the employee participation<br />

body as referred to in Article 1.1, or because of this membership for a period of two<br />

years after its termination;<br />

f membership of a standing committee of the body stated under e;<br />

g membership of the Occupational Health and Safety Committee and for a period of<br />

two years following termination of that membership;<br />

h being an expert employee as referred to in Article 13, paragraph 1 of the Working<br />

Conditions Act;<br />

i being the official secretary of the employee participation body stated under e;<br />

j the employee having requested modification of the working hours, judicially or<br />

extra-judicially.<br />

3 The employer is not permitted to terminate an employee's employment contract because of<br />

membership of a trade union or because he performs or participates in trade union activities,<br />

unless those activities are performed during working hours without permission.<br />

4 The termination prohibitions listed in this Article do not apply if the employee agrees to his<br />

dismissal in writing.<br />

5 Paragraph 1 does not apply if the dismissal is the result of activities of the organisational unit<br />

in which the employee was mainly or exclusively working being discontinued.<br />

Article 8.8 Dismissal during illness<br />

1 Without prejudice to the provisions of Article 8.7, paragraph 1, sub a, an employee who is unable<br />

to work in connection with incapacity due to illness may be dismissed if without reasonable grounds<br />

he refuses to:<br />

<strong>Collective</strong> <strong>Labour</strong> <strong>Agreement</strong> <strong>Dutch</strong> <strong>Universities</strong>, 1 September 2007 to 1 March 2010

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