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TRAVEL RISK MANAGEMENT 2015
Transposition of the Framework Directive
Civil Liability
THE NETHERLANDS
Dutch statute law is enforced primarily on an administrative law and preventative basis. This entails that monitoring authorities many actively conduct inspections of working conditions and take administrative law measures to address incompliances, breaches and violations.
Dutch Working Conditions Act places specific duties on employers regarding risk assessments and risks evaluations to both employees and employers of employees who are seconded to the employer.
Specific duties can be placed on employers in relation to the prevention of major incident with hazardous substances and their consequences for the health and safety of employees.
Dutch civil law provides a separate liability to employers vis-à-vis employees in case of working accidents. Dutch civil law on employer-employee relations provides a deviation from the regular division of the burden of proof pursuant to Dutch civil procedure. Section 2 of Article 7:658 of the Dutch civil code in principle provides
a legal presumption that the employer is liable for any damages suffered by the employee during the work carries out by the employee, unless he proves that he has met all requirement set in section 1 of Article 7:658 or proves that damages were suffered in great part due the deliberate intent or recklessness of the employee.
ffffffAn employer is liable for any loss or damage to employee’s personal belongings
to items necessary to perform work which occurred in connection with an accident at work and may be liable for employee’s personal injury resulting from an accident at work.
An employee who falls ill during an international business trip, is entitled to the reimbursement of the documented necessary cost of medical treatment abroad.
ffPOLAND
There is a requirement for postings abroad to be subject of a separate contract between employer and employee. Typically this contain detailed provisions on the Health & Safety obligations of both parties.
SLOVAKIA
SPAIN SWEDEN SWITZERLAND
Specific legislation was newly enacted to give effect to the Framework Directive and Daughter Directives - Act on Occupational Safety and Health protection.
Appendix 5: “Obligaciones de prevención de riesgos laborales respecto de los trabajadores desplazados al extranjero”. Appendix 6: “Duty of Care owned by Swedish companies to their overseas employees: a legal perspective”.
Appendix 7: “Duty of Care owned by companies in Switzerland to its overseas or travelling workforce”.