CAO for Theatre and Dance

Chapter 10Other rights and obligations

    Article 10.1 | General obligations

    1. Good practices for employers and employees
      The employer and employee are generally obliged to act as a good employer or employee is expected to act in similar circumstances. Employees are obliged to carry out the agreed activities to the best of their ability, and to follow the instructions provided to that end by or on behalf of the employer. The employer will enable employees to carry out the agreed activities to the best of their ability, and provide instructions to that end if necessary.
    2. Incapacity for work
      In the event of incapacity for work as the result of illness or accident, also during the holiday period, the employee will inform the employer of this immediately, in compliance with the company regulations and/or the standing rules of the organisation concerned. The employer and employee are also obliged, in accordance with the legal provisions, to promote reintegration as soon as possible.
    3. Property
      All items, including written documents and electronic and digital information and media made available to employees for their activities for the organisation remain the property of the employer. The employee is obliged to hand back these items to the employer as soon as requested to do so, and otherwise on the day on which the contract of employment terminates at the latest. The employee is responsible and liable for any damage to the employer’s property caused by wilful act or through deliberate negligence.
    4. Confidentiality
      The employee and employer are obliged to confidentiality concerning all affairs, in the broadest sense of the word, of which they could reasonably have knowledge, or could presume that disseminating that knowledge, in any way whatsoever, might damage the other party. This obligation to confidentiality is applicable both during the contract of employment and after its termination. Violation of this Article by the employee can form an urgent reason for dismissal by the employer.

    Article 10.2 | Social safety

    1. Both employee and employer are expected to treat each other and everyone else at work with respect. Unacceptable behaviour, including harassment, sexual harassment, aggression, bullying and discrimination, is inadmissible. The employer is obliged to do everything possible to prevent unacceptable behaviour in the organisation and to guarantee social safety for everyone in the workplace. For this purpose, the employer will follow the advice and guidelines of the Social Safety for Performing Arts Foundation, by, for example, drawing up a protocol and behaviour regulations, by informing everyone at work about this and by ensuring consistent implementation of and compliance with the protocol and regulations. See model protocol.
    2. The employer also ensures that employees have access to a professional, external and independent confidential advisor, and if possible also to an internal confidential advisor. The confidential advisor is responsible for handling reports and/or complaints about unacceptable behaviour and informing the complainant about the possible steps for taking action against it. If, for whatever reason, there is (temporarily) no confidential advisor available, then the complainant can contact the disclosure office mores.
    3. Employees who encounter a serious form of unacceptable behaviour can lodge a formal complaint for further investigation and advice with the Social Safety for Performing Arts complaints committee, see complaints regulations. This does not affect the possibility of lodging a complaint with an independent complaints committee that may have been set up by an employer who has their own complaints regulations.

    Article 10.3 | Outsourcing

    1. If they agree to the conditions under which it takes place, employees can be temporarily outsourced to another employer. A written outsourcing contract is entered into that is signed by all parties concerned: the outsourcing employer, the insourcing employer and the employee.
    2. During the period that the employee is working for the insourcing employer, the insourcing employer is responsible for proper working conditions, and working hours and rest periods.
    3. The insourcing employer is liable for any damage resulting from the employee’s actions, negligence or inadequate functioning in connection with carrying out the activities stated in the outsourcing contract, unless otherwise agreed.
    4. The insourcing employer is responsible for the employee being properly insured for legal liability on account of the activities stated in the outsourcing contract.

    Article 10.5 | Working for third parties

    1. Work for third parties is understood to mean activities carried out by employees during their term of employment with the employer for other parties than their own employer.
    2. The employee is obliged to inform the employer as soon as possible about working for third parties. If the work involves more than one day, whether the days are consecutive or not, the employee must request permission from the employer, and provide the employer with the necessary information about the activities at the same time.
    3. In principle, the employer cooperates and gives permission for the employee to carry out activities for third parties. The employer may only refuse permission if there is objective justification to do so. Examples of objective justification are: the protection of the employee’s health and safety, the protection of the confidentiality of business information and the avoidance of conflict of interests. These examples are not exhaustive and may also include other interests of the employer.
    4. The employer responds as quickly as possible, but within seven days at least, to the employee’s request. The employer can impose restrictions and/or attach conditions to the permission, such as not paying for hours that are not worked. If an employer has not responded to the request within seven days, the employer is presumed to have given permission.
    5. Working for third parties without permission may lead to the employer imposing sanctions and at worst may form an urgent reason for the employer to terminate the contract of employment with immediate effect and/or to recover the damage incurred from the employee.
    6. Employees who become incapacitated for work as a consequence of working for third parties without permission can therefore forfeit their entitlement to the non-statutory wage supplements referred to in this CAO.