Common use of Special Arrangement Clause in Contracts

Special Arrangement. ‌ 1. If you reach the retirement age within five years of the date of your dismissal, and you have been employed at Sanquin for at least ten years on that date, you can make use of Article 13.4, paragraph 6. Or you can accept an offer by Sanquin to remain employed until you reach the state pension age. 2. If you remain employed until your retirement date, you receive the statutory minimum wage in the period up to the end of your employment. And you remain available for all the work that Sanquin can assign to you with good reasons. 3. If you perform the assigned work, you receive the wage that fits the work you do. Your income will then exceed the minimum wage. The parties to the Collective Labour Agreement are of the opinion that Sanquin should pursue a responsible social policy. In view of developments in society this policy should be dynamic and develop in a process-oriented manner. The Social Policy Statute is a guideline along which the social policy at Sanquin ought to develop in particular in the consultations between the employer and the works council. The social policy is an integrated part of ▇▇▇▇▇▇▇'s total policy, this with due regard to the principles, stated in ▇▇▇▇▇▇▇'s articles of association. • To shape the organisation and relationships of authority in such a way that within their framework the employees want and can give their contribution to the proper functioning of Sanquin. • To organise the activities in such a way that they constitute meaningful work with as much as possible power and responsibility for the employees themselves, adjusted to their talents, abilities and ambitions. • To involve the employees in organising their own work environment and determining the policy within Sanquin. • To create conditions for the employees' development. • To create to the extent of ▇▇▇▇▇▇▇'s possibilities good material facilities for the employees according to criteria that are socially responsible, transparent to everybody and as objective as possible. • Where training is given in the organisation, to create such a learning and working environment with the associated reference frameworks that due consideration is given to both aspects. • Within Sanquin the structure and dynamics of the organisation should be known and open to discussion. • Information and communication are of great importance, the more so since exchange of information is often difficult in view of the many independently operating departments. • The employees' participation in shaping and implementing the social policy should be promoted, in order that they can influence the elaboration and realisation of the objectives of the total policy. • The aim of the distribution of responsibilities and powers will be that all who work within Sanquin can shape the performance of their duties in a meaningful way. • The policy will promote as much as possible that a balance acceptable to those involved is created between the requirements set to the work by the organisation and the possibilities, wishes, health and safety of the employees. • Training and education possibilities, aimed also at attitude formation and relationship skills, are important since they often are an integrated part of other developments. • The policy in respect of the employment conditions aims to let the employment relation, both as regards the rules and the implementation, conform to general principles of justice, legal certainty and efficiency. Staff composition and size will be based on adequate planning. A staffing plan should be drawn up for determining the workforce. When realising the staffing plan, the services to be provided and the commercial context are taken as guiding principles, as are the effects of statutory regulations and Collective Labour Agreement provisions. The personnel planning anticipates the expected developments of Sanquin. In this respect career planning and dealing with the impact that changed requirements have on composition, expertise and size of the staff will be taken into account. • Part-time working: the employer pursues a policy that stimulates part-time working, also for higher and executive posts. • Recruitment and selection: the employer follows the provisions of the recruitment code drawn up by the Dutch Network of HR-professionals (NVP). • Introduction: a good introduction, for instance with the aid of an introduction booklet or introduction days, must result in making the employee as early as possible familiar with the organisation and his place in it. • File preparation: the employer should adopt rules in respect of the preparation, storage, use and inspection of files of employees. • Termination of employment: at the termination of the employment the social consequences for the employee should be taken into account. In particular timely attention should be paid to the counselling of employees who face a termination of their employment because of occupational disability and (early) retirement. Based on the staffing plan ▇▇▇▇▇▇▇'s policy aims at enabling each employee to provide the best possible contribution to Sanquin's functioning in accordance with their own abilities, possibilities and ambitions. Important instruments in this respect can be the Appraisal and Result Interview and the promotion of internal applications in case of vacancies. Item for attention in this respect is to remove impediments that hamper the advancement of women into higher positions. A system of workload control is part of the policy to be pursued by Sanquin in respect of the service provision with the purpose of achieving an adequate balance between demand and supply. The above-mentioned learning processes will usually also involve coaching to make the learning experience operational in the work environment. Sanquin's policy should aim at enabling employees to develop themselves in this respect. In addition to the importance for the employee, it can within ▇▇▇▇▇▇▇ also influence the manner of managing, the way in which job evaluation is introduced, and the way in which assessment systems and work meetings are used. Change processes are usually initiated by developments in society and are influenced by them. These processes require adequate supervision within the social policy. Items for attention in this respect are good employment relations and an efficient organisation. Partly by means of work meetings, ▇▇▇▇▇▇▇'s policy aims to enhance the possibilities for all employees to feel more and more strongly involved in their work. Work meetings are understood to mean in particular: open consultations within department-related groups of employees and not consultation on an individual basis. In principle all employees should (be able to) take part in work meetings. This will therefore focus the attention on the employees as a group, and on the group processes that occur in that context. Work meetings concern regular and integrally regulated consultations; they do not concern an occasional and arbitrary activity. Work meetings are not noncommittal: once introduced they cannot be cancelled just like that, at the management's discretion. Work meetings imply that within the department-related groups in question the employees take part in and exercise influence on the policy concerning among other things: 1. the structure of the work: distribution of work, work organisation, work methods and facilities, departmental tasks such as: • the scope of the total task to be carried out, as well as of all its parts; • the way in which this task or tasks are carried out; • management in the work unit; • granting everybody as large direct responsibilities as possible; 2. the objectives and the standards derived from them: staffing, training, costs, production standards; 3. social relationships: cooperation, information and communication, delegation; 4. working conditions: physical conditions such as temperature, lighting and safety; 5. the working procedures in relation to their results. The works council is an (independent) body of consultation, advice, information and communication within Sanquin. The council's task is to promote the best possible functioning of Sanquin in all its objectives by: • holding consultations with Sanquin's management; • representing employees. When fulfilling this task, it will be guided to a great extent by the interests and opinions of employees and it will make these interests and opinions heard as effectively as possible in the policy of ▇▇▇▇▇▇▇’s Executive Board and management based on the powers given to it by law, CLA or otherwise. To this end, a proper climate should be created and maintained in particular also in the consultation meetings, so that both the works council and ▇▇▇▇▇▇▇’s management can give due consideration to all interests involved. Sanquin provides proper general information about the organisation and its working procedures and in respect of organisational and social matters. Structured arrangements should be promoted, both horizontally and vertically, as well as good and swift information along short and open lines of communication, needed for people to function fully in a collaborative venture. Sanquin also promotes the necessary information and communication needed for the employee to function properly in his department. Sanquin creates and maintains working conditions that safeguard a healthy living and working environment. In this respect, attention will also be paid to occupational health aspects, among other things when entering the employment, within the framework of periodic medical examinations, with a view to occupational and other diseases, as well as aspects of occupational hygiene and ergonomics and their relation to the employee's health, both collectively and individually. Sanquin's policy will also in a preventive sense aim to promote the welfare and proper functioning of the individual employee. In this respect, special attention will be paid to employees who threaten in particular to get stuck in relationships. At the request of the works council the employer will take measures to prevent sexual harassment and make an arrangement to provide for a careful handling of sexual harassment complaints. When drawing up work schedules the aim is to provide possibilities for sufficient recovery during and after work and for an efficient business operation. To provide an optimum framework for realising these goals, the employer will introduce work schedules according the WHAW-system (Dutch abbreviation for work pressure and recovery during irregular working hours). This charter is about organisational changes. These are far-reaching processes that can cause many changes in an organisation in a short period of time on a social, economic and organisational level. The CLA parties believe that a careful social policy is appropriate in this regard. This social charter is the framework for measures concerning the social consequences of organisational changes for employees. Sanquin makes agreements about this with the trade unions. These are laid down in a social plan. Principles of this charter: • Current social plans are respected. • In order to continue to provide good services, Sanquin constantly monitors social, organisational, and economic factors. Sanquin strives to maintain employment as much as possible. • All parties involved are entitled to relevant information: Sanquin, the trade unions, the works council and the employees. • If an organisational change has adverse social consequences for employees, then Sanquin determines which measures will be taken in consultation with the trade unions. This happens before the organisational change takes place. The measures are established in a social plan. If the implementation of this charter in a social plan leads to an unfair situation for employees, then Sanquin takes measures to reduce or remove this injustice. Possibly with advice from a social guidance advisory committee. This committee is established with the social plan. Definitions in this charter: • Organisational change: a change proposed by Sanquin in one or more parts of the organisation, and with social consequences for one or more groups of employees, positions or both. • Employee: employee as defined in chapter 1 of this CLA. • Staffing plan: an indicative overview of positions in the new situation. With a description of the required expertise, the expected level of skills, and the content of the positions. • Social plan: an agreement between the CLA parties that includes measures regarding possible adverse social consequences of an organisational change for employees. This plan is developed before the organisational change takes place. • Social guidance advisory committee: A committee that processes objections to the application of a social plan. Does Sanquin intend to implement an organisational change in one or more of the organisational units? Then Sanquin will inform the trade unions of this as soon as possible. They are also invited for consultation. The progress of the organisational change is discussed with the works council. At important moments in the process, the employees involved receive written or oral information from ▇▇▇▇▇▇▇. If an organisational change takes place as described in this charter, then Sanquin will announce the current organisational structure and staffing to the works council and the trade unions. During an organisational change, Sanquin establishes the new organisational structure. This includes the number of functions and the types of functions that need to be filled. Based on this new structure, Sanquin also creates a staffing plan. Sanquin submits the new organisational structure and the accompanying staffing plan to the works council for advice. The provisions of the Works Councils Act (Dutch: WOR) apply here. The following principles apply to the establishment of a social plan: • ▇▇▇▇▇▇▇’s CLA applies; • People follow work; • The social plan only applies to the terms of employment that are directly affected by the organisational change; • Preserving employment is an important goal. When negotiating about a socials plan, attention is always paid to: • How long, when and to whom the social plan applies; • Whether and how can be placed in a job, taking into account o temporary or permanent employment o available functions o age and employment years; • Job requirements; • Training and retraining and extra training; • A transitional arrangement if work has to be done at a different location, including extra travel and relocation costs, and extra travel time and working time; • Schemes for, for example, the reduction of supplements; • Return guarantee; • A suitable job; • Refusal of the job; • Replacement; • The possibility of a registration of interest; • The possibilities of dismissal counselling (outplacement) and temporarily working elsewhere (secondment), and the rules regarding dismissal on a voluntary basis; • Rules on compulsory redundancies; • A scheme for salary guarantees and pensions; • Acquired rights; • Rights arising from the social plan and continuing after the end date of the social plan; • The establishment, composition and working method of a social guidance advisory committee; • The objection procedure; • The position of current and future freelancers. Before the social plan expires, its operation is evaluated at the request of Sanquin or the trade unions. The CLA parties will also decide whether the social plan or parts of it should be extended. The Working Hours Act applies to all persons who carry out work under the authority of the employer (employees, students, trainees). The Working Hours Act (Atw) and the Working Hours Decree (Atb) do partly not apply to the employee who earns more than three times the minimum wage, unless he carries out work in night shifts or work which involves serious hazards to the safety or health of persons, in which case the Working Hours Act applies in full. In addition, the medical specialist is partly excepted. Articles 4:2 and 4:3 (the statement and registration), Chapter 5 (working hours and rest periods) and Chapter 6 (aspects of employee participation) of the Working Hours Act do not apply to the two aforementioned exceptions. During pregnancy and after childbirth stricter standards apply (Article 4:5 up to and including Article 4:9 Working Hours Act). This overview only

Special Arrangement. ‌ 1. If you reach the retirement age within five years of the date of your dismissal, and you have been employed at Sanquin for at least ten years on that date, you can make use of Article 13.4, paragraph 6. Or you can accept an offer by Sanquin ▇▇▇▇▇▇▇ to remain employed until you reach the state pension age. 2. If you remain employed until your retirement date, you receive the statutory minimum wage in the period up to the end of your employment. And you remain available for all the work that Sanquin ▇▇▇▇▇▇▇ can assign to you with good reasons. 3. If you perform the assigned work, you receive the wage that fits the work you do. Your income will then exceed the minimum wage. The parties to the Collective Labour Agreement are of the opinion that Sanquin ▇▇▇▇▇▇▇ should pursue a responsible social policy. In view of developments in society this policy should be dynamic and develop in a process-oriented manner. The Social Policy Statute is a guideline along which the social policy at Sanquin ought to develop in particular in the consultations between the employer and the (central) works council. The social policy is an integrated part of ▇▇▇▇▇▇▇'s total policy, this with due regard to the principles, stated in ▇▇▇▇▇▇▇'s articles of association. •  To shape the organisation and relationships of authority in such a way that within their framework the employees want and can give their contribution to the proper functioning of Sanquin. •  To organise the activities in such a way that they constitute meaningful work with as much as possible power and responsibility for the employees themselves, adjusted to their talents, abilities and ambitions. •  To involve the employees in organising their own work environment and determining the policy within Sanquin. •  To create conditions for the employees' development. •  To create to the extent of ▇▇▇▇▇▇▇'s possibilities good material facilities for the employees according to criteria that are socially responsible, transparent to everybody and as objective as possible. •  Where training is given in the organisation, to create such a learning and working environment with the associated reference frameworks that due consideration is given to both aspects. •  Within Sanquin the structure and dynamics of the organisation should be known and open to discussion. •  Information and communication are of great importance, the more so since exchange of information is often difficult in view of the many independently operating departments. •  The employees' participation in shaping and implementing the social policy should be promoted, in order that they can influence the elaboration and realisation of the objectives of the total policy. •  The aim of the distribution of responsibilities and powers will be that all who work within Sanquin can shape the performance of their duties in a meaningful way. •  The policy will promote as much as possible that a balance acceptable to those involved is created between the requirements set to the work by the organisation and the possibilities, wishes, health and safety of the employees. •  Training and education possibilities, aimed also at attitude formation and relationship skills, are important since they often are an integrated part of other developments. •  The policy in respect of the employment conditions aims to let the employment relation, both as regards the rules and the implementation, conform to general principles of justice, legal certainty and efficiency. Staff composition and size will be based on adequate planning. A staffing plan should be drawn up for determining the workforce. When realising the staffing plan, the services to be provided and the commercial context are taken as guiding principles, as are the effects of statutory regulations and Collective Labour Agreement provisions. The personnel planning anticipates the expected developments of Sanquin. In this respect career planning and dealing with the impact that changed requirements have on composition, expertise and size of the staff will be taken into account. •  Part-time working: the employer pursues a policy that stimulates part-time working, also for higher and executive posts. •  Recruitment and selection: the employer follows the provisions of the recruitment code drawn up by the Dutch Network of HR-professionals (NVP). •  Introduction: a good introduction, for instance with the aid of an introduction booklet or introduction days, must result in making the employee as early as possible familiar with the organisation and his place in it. •  File preparation: the employer should adopt rules in respect of the preparation, storage, use and inspection of files of employees. •  Termination of employment: at the termination of the employment the social consequences for the employee should be taken into account. In particular timely attention should be paid to the counselling of employees who face a termination of their employment because of occupational disability and (early) retirement. Based on the staffing plan ▇▇▇▇▇▇▇'s policy aims at enabling each employee to provide the best possible contribution to Sanquin▇▇▇▇▇▇▇'s functioning in accordance with their own abilities, possibilities and ambitions. Important instruments in this respect can be the Appraisal and Result Interview and the promotion of internal applications in case of vacancies. Item for attention in this respect is to remove impediments that hamper the advancement of women into higher positions. A system of workload control is part of the policy to be pursued by Sanquin ▇▇▇▇▇▇▇ in respect of the service provision with the purpose of achieving an adequate balance between demand and supply. ▇▇▇▇▇▇▇'s policy should be aimed at taking promotional measures to enable employees to follow professional training courses, retraining and further training, insofar as needed, also when given externally. In respect of trainees ▇▇▇▇▇▇▇ should realise that the trainee is supernumerary and that the object of his presence is to learn. That means that participation in the work process is only justified when it happens on the basis of learning objectives. ▇▇▇▇▇▇▇ ensures that trainee counselling is realised according to the cooperation agreement. The above-mentioned learning processes will usually also involve coaching to make the learning experience operational in the work environment. Sanquin▇▇▇▇▇▇▇'s policy should aim at enabling employees to develop themselves in this respect. In addition to the importance for the employee, it can within ▇▇▇▇▇▇▇ also influence the manner of managing, the way in which job evaluation is introduced, and the way in which assessment systems and work meetings are used. Change processes are usually initiated by developments in society and are influenced by them. These processes require adequate supervision within the social policy. Items for attention in this respect are good employment relations and an efficient organisation. Partly by means of work meetings, ▇▇▇▇▇▇▇'s policy aims to enhance the possibilities for all employees to feel more and more strongly involved in their work. Work meetings are understood to mean in particular: open consultations within department-department- related groups of employees and not consultation on an individual basis. In principle all employees should (be able to) take part in work meetings. This will therefore focus the attention on the employees as a group, and on the group processes that occur in that context. Work meetings concern regular and integrally regulated consultations; they do not concern an occasional and arbitrary activity. Work meetings are not noncommittal: once introduced they cannot be cancelled just like that, at the management's discretion. Work meetings imply that within the department-related groups in question the employees take part in and exercise influence on the policy concerning among other things: 1. the structure of the work: distribution of work, work organisation, work methods and facilities, departmental tasks such as: •  the scope of the total task to be carried out, as well as of all its parts; •  the way in which this task or tasks are carried out; •  management in the work unit; •  granting everybody as large direct responsibilities as possible; 2. the objectives and the standards derived from them: staffing, training, costs, production standards; 3. social relationships: cooperation, information and communication, delegation; 4. working conditions: physical conditions such as temperature, lighting and safety; 5. the working procedures in relation to their results. The (central) works council is an (independent) body of consultation, advice, information and communication within Sanquin. The council's task is to promote the best possible functioning of Sanquin in all its objectives by: •  holding consultations with Sanquin▇▇▇▇▇▇▇'s management; •  representing employees. When fulfilling this task, task it will be guided to a great extent by the interests and opinions of employees and it will make these interests and opinions heard as effectively as possible in the policy of ▇▇▇▇▇▇▇’s 's Executive Board and management based on the powers given to it by law, CLA Collective Labour Agreement or otherwise. To this end, end a proper climate should be created and maintained in particular also in the consultation meetings, so that both the (central) works council and ▇▇▇▇▇▇▇’s 's management can give due consideration to all interests involved. Sanquin ▇▇▇▇▇▇▇ provides proper general information about the organisation and its working procedures and in respect of organisational and social matters. Structured arrangements should be promoted, both horizontally and vertically, as well as good and swift information along short and open lines of communication, needed for people to function fully in a collaborative venture. Sanquin ▇▇▇▇▇▇▇ also promotes the necessary information and communication needed for the employee to function properly in his department. Sanquin ▇▇▇▇▇▇▇ creates and maintains working conditions that safeguard a healthy living and working environment. In this respect, respect attention will also be paid to occupational health aspects, among other things when entering the employment, within the framework of periodic medical examinations, with a view to occupational and other diseases, as well as aspects of occupational hygiene and ergonomics and their relation to the employee's health, both collectively and individually. Sanquin▇▇▇▇▇▇▇'s policy will also in a preventive sense aim to promote the welfare and proper functioning of the individual employee. In this respect, respect special attention will be paid to employees who threaten in particular to get stuck in relationships. At the request of the central works council the employer will take measures to prevent sexual harassment and make an arrangement to provide for a careful handling of sexual harassment complaints. When drawing up work schedules the aim is to provide possibilities for sufficient recovery during and after work and for an efficient business operation. To provide an optimum framework for realising these goals, the employer will introduce work schedules according the WHAW-system (Dutch abbreviation for work pressure and recovery during irregular working hours)system. This charter is about organisational changes. These are far-reaching processes that can cause many changes in an organisation in a short period of time on a social, economic and organisational level. The CLA parties believe that a careful social policy is appropriate in this regard. This social charter is the framework for measures concerning the social consequences of organisational changes for employees. Sanquin ▇▇▇▇▇▇▇ makes agreements about this with the trade unions. These are laid down in a social plan. Principles of this charter: •  Current social plans are respected. •  In order to continue to provide good services, Sanquin constantly monitors social, organisational, and economic factors. Sanquin ▇▇▇▇▇▇▇ strives to maintain employment as much as possible. •  All parties involved are entitled to relevant information: Sanquin, the trade unions, the (central) works council and the employees. •  If an organisational change has adverse social consequences for employees, then Sanquin determines which measures will be taken in consultation with the trade unions. This happens before the organisational change takes place. The measures are established in a social plan. If the implementation of this charter in a social plan leads to an unfair situation for employees, then Sanquin ▇▇▇▇▇▇▇ takes measures to reduce or remove this injustice. Possibly with advice from a social guidance advisory committee. This committee is established with the social plan. Definitions in this charter: •  Organisational change: a change proposed by Sanquin ▇▇▇▇▇▇▇ in one or more parts of the organisation, and with social consequences for one or more groups of employees, positions or both. •  Employee: employee as defined in chapter 1 of this CLA. •  Staffing plan: an indicative overview of positions in the new situation. With a description of the required expertise, the expected level of skills, and the content of the positions. •  Social plan: an agreement between the CLA parties that includes measures regarding possible adverse social consequences of an organisational change for employees. This plan is developed before the organisational change takes place. •  Social guidance advisory committee: A committee that processes objections to the application of a social plan. Does Sanquin intend to implement an organisational change in one or more of the organisational units? Then Sanquin ▇▇▇▇▇▇▇ will inform the trade unions of this as soon as possible. They are also invited for consultation. The progress of the organisational change is discussed with the (central) works council. At important moments in the process, the employees involved receive written or oral information from ▇▇▇▇▇▇▇. If an organisational change takes place as described in this charter, then Sanquin ▇▇▇▇▇▇▇ will announce the current organisational structure and staffing to the (central) works council and the trade unions. During an organisational change, Sanquin ▇▇▇▇▇▇▇ establishes the new organisational structure. This includes the number of functions and the types of functions that need to be filled. Based on this new structure, Sanquin ▇▇▇▇▇▇▇ also creates a staffing plan. Sanquin ▇▇▇▇▇▇▇ submits the new organisational structure and the accompanying staffing plan to the (central) works council for advice. The provisions of the Works Councils Act (Dutch: WOR) apply here. The following principles apply to the establishment of a social plan: •  ▇▇▇▇▇▇▇’s CLA applies; •  People follow work; •  The social plan only applies to the terms of employment that are directly affected by the organisational change; •  Preserving employment is an important goal. When negotiating about a socials plan, attention is always paid to: •  How long, when and to whom the social plan applies; •  Whether and how can be placed in a job, taking into account o temporary or permanent employment o available functions o age and employment years; •  Job requirements; •  Training and retraining and extra training; •  A transitional arrangement if work has to be done at a different location, including extra travel and relocation costs, and extra travel time and working time; •  Schemes for, for example, the reduction of supplements; •  Return guarantee; •  A suitable job; •  Refusal of the job; •  Replacement; •  The possibility of a registration of interest; •  The possibilities of dismissal counselling (outplacement) and temporarily working elsewhere (secondment), and the rules regarding dismissal on a voluntary basis; •  Rules on compulsory redundancies; •  A scheme for salary guarantees and pensions; •  Acquired rights; •  Rights arising from the social plan and continuing after the end date of the social plan; •  The establishment, composition and working method of a social guidance advisory committee; •  The objection procedure; •  The position of current and future freelancers. Before the social plan expires, its operation is evaluated at the request of Sanquin or the trade unions. The CLA parties will also decide whether the social plan or parts of it should be extended. The Working Hours Act applies to all persons who carry out work under the authority of the employer (employees, students, trainees). The Working Hours Act (Atw) and the Working Hours Decree (Atb) do partly not apply to the employee who earns more than three times the minimum wage, unless he carries out work in night shifts or work which involves serious hazards to the safety or health of persons, in which case the Working Hours Act applies in full. In addition, the medical specialist is partly excepted. Articles 4:2 and 4:3 (the statement and registration), Chapter 5 (working hours and rest periods) and Chapter 6 (aspects of employee participation) of the Working Hours Act do not apply to the two aforementioned exceptions. During pregnancy and after childbirth stricter standards apply (Article 4:5 up to and including Article 4:9 Working Hours Act). This overview onlynight