Second-track work · the gatekeeper rules · accounting for a programme
Professional indemnity insurance (BAV) for career coaching
A career guidance firm often works alongside a sick or redundant employee. If that programme gets stuck, the employer's loss is measurable in months of salary.
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Deze pagina in het Nederlands: Beroepsaansprakelijkheidsverzekering voor loopbaanbegeleiding.
The calculator and the quote form below are in Dutch. Prefer to do this in English? Email info@finassverzekert. nl or call 072 - 509 24 56 and we will take it from there.
Work out for yourself what it would cost.
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- We compare the offerings of several insurers
- An adviser checks whether the cover suits your activities
- We arrange the switch, including cancellation
A premium indication, not personal advice. Prefer to talk it through? Call 072 - 509 24 56.
In brief
Career guidance differs from ordinary coaching in that there is usually a statutory framework with deadlines underneath it. In a second-track programme the employer has to show that he complied with the Dutch Gatekeeper Improvement Act (Wet verbetering poortwachter). If you start too late, do not keep the return-to-work report up to date, or keep the search too narrow, the UWV (the Dutch employee insurance agency) can extend the obligation to continue paying wages. The employer puts that bill to the firm that ran the programme. That is pure financial loss: no injury, nothing damaged, but a concrete financial gap.
A second strand runs through the employee. He is not a contracting party but he is the person your report is about. A report stating that he is not cooperating enough can lead to a stoppage of wages or dismissal. If that report turns out to be wrong or not to have been shared with him, a claim follows from the other side of the table. So agree in advance what you feed back, let the participant see the report and separate facts from interpretation.
The standard is that of a reasonably competent and reasonably acting contractor in Article 7:401 of the Dutch Civil Code. Not every failed programme is a professional error. The question is whether you took the steps a fellow professional would take and whether you recorded them. For the self-employed professional doing this work alone, the considerations are set out under the career coach. What a BAV covers in general is set out on the hub page on the BAV.
This page deals with one situation. The full overview is on Compare professional indemnity insurance (BAV).
What to look out for
Four subjects that determine the outcome of a claim at a career guidance firm.
Ask how your policy treats a wage sanction
An extended obligation to continue paying wages is not an administrative fine but an obligation of the employer. Even so, some policies expressly limit cover for sanctions and obligations imposed. This is the most common claim in this profession; before you sign, have it confirmed in writing how your insurer treats it and which exclusions go with it.
Stay out of the legal domain
Reviewing a settlement agreement, advising on the notice period or on the consequences for unemployment benefit is legal advice. If that does not fall within your stated activities, that liability is not covered. Refer the participant to a lawyer and record the referral. The difference between reviewing and advising is not visible to the participant.
What tenders and framework contracts require
Engagements from employers, local authorities and implementing bodies often contain a minimum sum insured, notification periods and a penalty or reduction clause for not meeting agreements. Such a contractual penalty is not an insured loss. Assess those clauses before you tender and match the sum insured per claim to the most demanding engagement in your portfolio.
What falls outside the policy
Excluded are, among others: intent and wilful recklessness (Article 7:952 of the Dutch Civil Code); fines and penalty payments; clawback of a grant or programme fee for incomplete accounting, because that is a dispute about your own performance; and injury or property damage during group sessions on location, which belongs on a public and employers' liability insurance belongs.
What does your premium depend on?
- Annual turnover: the usual basis, split across your types of service
- Share of reintegration work: second-track work weighs more heavily than voluntary career orientation
- Number of supervisors: your own staff and hired-in professionals count separately
- Type of clients: employers, local authorities and implementing bodies set different requirements
- Sum insured per claim: matched to months of continued salary, not to your programme price
- Retroactive and run-off periods: claims often only follow after the UWV's assessment
Insurers weigh these details differently. That is where your saving is.
What is covered
| Situation | AVB | BAV |
|---|---|---|
| An employee is dismissed on the strength of your report, which contains facts he was never able to see | No | Yes |
| An employer misses the objection deadline against a UWV decision because you forwarded the letter too late | No | Yes |
| A participant follows retraining on your advice that does not fit the role you held out to him | No | Provided that |
| One of your coaches discusses a participant's medical situation with his line manager | No | Provided that |
| A participant falls off a chair during a workshop in your training room | Yes | No |
| The hours you spend unpaid on the programme again after it has got stuck | No | No |
Where a claim is covered, the insurer also pays for the defence, even where the claim is ultimately rejected.
Frequently asked questions
This is what people ask us most.
The employer receives a wage sanction and points at our programme. What now?
Report this to your insurer at once, even if there is no formal claim yet. Supply the action plan, the progress meetings, the search profiles and your correspondence with the company doctor. The assessment is whether your efforts met what could be expected of a fellow professional and whether the sanction really follows from your conduct. Admit no liability before that has been established.
A participant demands that we withdraw his report.
First check whether the report is factually correct and whether he was able to see it in advance. Correcting things where you are wrong is sensible, but do so in consultation with your insurer so that you do not admit liability unintentionally. Where his personal data is concerned, he also has rights of access and rectification. That obligation stands apart from the insurance.
We keep files about employees who are off sick. Is that an insurance matter?
Partly, for the liability side. Health data is special category personal data and calls for a processing agreement with the employer and strict access restrictions. The cost of investigation, recovery and notification after a data breach, and liability towards the data subjects, belong on a cyber insurance. Fines from the regulator are not insurable anywhere.
We work with self-employed career professionals. How does that work?
The client has a contract with you, so the claim comes to your firm. Make sure your policy does not exclude liability for third parties you engage and that your cooperation agreement requires them to hold their own professional indemnity insurance. Ask for the policy schedule each year; otherwise you only notice that one of them has let their cover lapse at the worst possible moment.
Read more
Within Beroepsaansprakelijkheidsverzekering
- Beroepsaansprakelijkheidsverzekeringthe main page
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- Beroepsaansprakelijkheidsverzekering coachingbureau
- Beroepsaansprakelijkheidsverzekering life coaching praktijk
- Beroepsaansprakelijkheidsverzekering loopbaancoach zzp
- Beroepsaansprakelijkheidsverzekering onderwijskundige zzp
- Beroepsaansprakelijkheidsverzekering mentoring bureau
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