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GOOD EMPLOYMENT

General insurance for employees

Ever more often, employers are successfully ordered to compensate for damages as a result of an employee having an accident during work as well as during staff outings, even if liability is in no way involved. By now, there is an abundance of court rulings on the subject. This requirement follows from the 'Good Employment Practices' principle enshrined in Section 7:611 of the Dutch Civil Code. If you as an employer are negligent in this regard by taking out insufficient insurance or no insurance at all for your employees, it constitute grounds for liability. In this case, employers must compensate their employees themselves.

What does this situation entail for you as an employer?

If employees suffer damage as a result of or in connection with their work, the court will determine not only whether the employer is directly liable for the demonstrable damage (for example, due to dangerous working conditions) but also whether the employer has either adequately insured its employees or could have done so. In other words, although an employer may not be directly liable as it is itself in no way to blame for the damage occurring, it can still be held liable for poor employment practices in terms of taking out insufficient insurance. Standard public liability insurance (Aansprakelijkheidsverzekering bedrijven, AVB) does not cover such liability according to recent court rulings. As a result, employers must compensate the damage themselves.

Solution

You as an employer can protect yourself from this risk, by taking out general insurance for employees in addition to liability insurance. In this case, your employer's liability will be covered completely.

More information

Would you like to know more about Good employment practices? Raymond Hess is happy to assist you.