Table of contents
1. Flexibility
of the labour laws
1.1 Abolishing
competition clause
1.2 Simplification
of notice period
1.3 Liberalizing
notice day
1.4 Amendment
of the dismissal law
1.5 Prolongation
maximum period of working temporary
1.6 Private
labour mediation
2.
Labour law Securities
2.1 Abolishing
verbal trial period
2.2 Mandatory
salary slip
2.3 Refutable
suspicions in case of part time work and call up contracts
2.4 Minimum
payment per call up in case of nil hours and call-up contracts
2.5 Introduction
prohibited notices (illness, pregnancy, childbirth, marriage)
2.6
Introduction prohibited notices regarding membership of a union,
or union activities
3.
System in case of short term contracts
4.
Labour regulations 2000
4.1
What does the labour regulations 2000 cover?
4.2
Some differences with the labour regulations 1952
4.3
Shedule workers/non-schedule workers
4.4
Duration of the labour (not including overtime)
4.5
Working hours and resting hours
4.6
Pause
4.7
Overtime
4.8
Night shift
4.9
Stand by shift
4.10
Full time shift
4.11
Administrative obligations for the employer
4.12
Date of commencement and transitional arrangements
5.
Domestic personnel
Abbreviations
used
BW The Civil Code of the Netherlands Antilles
1.
Flexibility of labour laws
1.1
Abolishing the competition clause
A competition
clause is a clause which limits the employee to seek certain work
after the expiration of the employment agreement, in most cases
under a penalty. The clause protects the employer against (dishonest)
competition from the former employee.
A competition
clause is not valid as of 1-8-2000. The employer doesn’t get
the protection of such a clause. If after the termination of employment
the employee is employed by the competition and makes unlawful use
of the knowledge he has acquired with his former employer the (former)
employer can sue for damages based on dishonest competition (unlawful
act). Also he can ask the court to forbid any further dishonest
competition.
A clause, which
forbids the employee to compete with the employer during the time
the employee works for the employer, is allowed.
Purpose Stimulate
the mobility of the employee
Article
of law Article 1613v BW
1.2.
Simplification of notice period
PERIOD
OF NOTICE FOR THE EMPLOYER
The period of notice the employer has to take into consideration
as of 1-8-2000 depends of the duration of the employment:
a. If the employment
is no longer than five years: one month
b. if the employment
is more than five years, but not exceeding ten years: two months
c. if the employment
is more than ten years, but not exceeding fifteen years: three months
d. if the employment
is longer than fifteen years: four months.
In case of individual
dismissal after having obtained permit from the director (of the
Directorate of Labour) and also in case of collective dismissal
the time it takes to handle the petition for the permit or to review
the plan of redundancy by the director of the Directorate of Labour
(see paragraph 1.4) may be subtracted from the period of notice
as long as the remaining period of notice is a minimum of one month.
The period of
notice for the employer may only be shortened through a collective
labour agreement (CLA). The period of notice can be extended through
a written agreement.
In
case of continued employment agreement (within three months) the
period of notice is o be calculated by taking into consideration
the date of the first employment agreement. This will also apply
when an employment agreement for an indefinite period of time is
followed by an employment agreement for a certain period of time
(see chapter 3 chain system in case of short-term contract).
PERIOD
OF NOTICE FOR THE EMPLOYEE
The period of notice for the employee (for the weekly, the biweekly
and the monthly wagers) is as of 1-8-2000 one month. This period
can be shortened or extended through a written agreement. The period
of notice for an employee may not be extended for more than six
months.
Purpose To simplify
the rules of dismissal.
Article
of law Articles 1615i, 1615e and 1615fa BW.
1.3.
Liberalizing notice day
The day of termination
is the day on which the employment agreement terminates due to the
notice (this is not the day the notice is being given).
As
of 1-8-2000 notice can be given on any day, unless parties agreed
otherwise by writing. The situation has changed: if nothing has
been agreed/arranged, notice can be given on any day. For example:
on January 18th notice is given; in case of a period of notice of
one month the employment agreement will end as of February 19th.
Purpose To reduce
the factual period of notice (as long as parties wishes to do so).
Article
of law Article 1615h first paragraph BW
1.4
Amendment of the dismissal law
As
of 1-8-2000 the Lei di Retiro is not applicable, next to the existing
exceptional cases, to the employment agreement with a director,
an employment agreement for a certain period of time, with exception
of an employment agreement for a certain period of time which follows
an employment agreement for an indefinite period of time, and also
agreements where the same employee has been in service of several
employers which, regarding to the labour are to be considered each
others successors, and also in case of a bankruptcy..
Furthermore,
the cases in which the preventive individual dismissal check is
applicable, can be restricted by the government body of each island.
Purpose Simplify
the laws regarding dismissal.
Article of law
Article 2, paragraph e, article 2a
Article 4, paragraph
d and e
Article 5 third
and fourth paragraph Landsverordening beeindiging arbeidsovereenkomsten
1.5
Extending the maximum period of working temporary
As
of 1-8-2000 temporary workers may be at disposal of the same borrower
for a maximum of 12 months.
Disposals which
follows each other within 3 months are to be considered as one disposal
(the same said for the so-called “revolving door-constructions”).
After a period of disposal the former borrower may dispose of the
same temporary worker after a period of 3 months.
Mind you: exceeding
of this period doesn’t have any consequences for the relationship
(employment agreement) between the temporary worker and the temping
agency. The employment agreement of the temporary worker doesn’t
change. The temping agency can be fined though.
Purpose To promote
the use of temporary workers
Article of law
Article 6 Landsverordening op het ter beschikking stellen van arbeidskrachten
(this law only applies to Curacao).
1.6
Introduction of private labour mediation
Private
labour mediation is allowed as of 1-8-2000.
Purpose to promote
the mobility of employees
2.
Labour law securities
2.1
Abolishing verbal trial period
During a trial
period both employer and employee may cancel an employment agreement
at any time, without a period of notice or giving a reason.
As
of 1-8-2000 a trial period is only valid if this has been agreed
in writing. The existence of a trial period can only be shown through
a written agreement between the employer and employee. The maximum
period of a trial period is still two months.
Purpose To prevent
uncertainty regarding the existence of a trial period.
Article
of law Article 1615n BW
2.2
Mandatory salary slip
As
of 1-8-2000 the employer is obligated to provide the employee with
a salary slip with each payment.
The salary
slip should mention the following:
- the amount
of salary and the amounts it consists of
- all amounts
which are withheld on the salary
- the minimum
salary which applies for the employee based on the Landsverordening
Minimumlonen
- the name of
the employer and of the employee
- the date of
entering service
- the period
during which the salary is being paid
- the time of
labour parties has agreed upon (the labour hours per week or month).
Purpose To give
information to employees about the salary and withholdings and fortify
the legal position of the employees
Article
of law Article 1614pa BW
2.3
Refutable suspicions in case of part time work and call up contracts
A refutable
suspicion means that if certain circumstances applies, the court
has to accept the situation as described in the regulation as being
correct in applying the relevant article of law, but the counterpart
may proof that the legal position is somewhat other than suspected.
Legal suspicion of te existence of an employment agreement.
As
of 1-8-2000 is it suspected that an employment agreement exists
if a person works on behalf of another person and is being paid
for during three consecutive months, weekly during a minimum of
8 hours or a minimum of 35 hours per month. If the employee can
proof that his situation applies to these criteria for example by
providing of a salary slip, an employment agreement exists, unless
the employer can proof the contrary.
Legal
suspicion regarding the agreed period of labour
If
an employment agreement where no period of labour has been agreed
upon (for example nil hours contract or a min/max contract) has
existed for at least three months, as of 1-8-2000 the amount of
labour hours in the fourth month is suspected to be the average
of the hours of labour during the three previous months.
For example:
if an employee has worked an average of 100 hours per month during
the months January until March, then we should assume that he worked
during the month of April also 100 hours and he can claim a salary
equal to 100 hours, unless the employer can proof, for example with
time clock sheets, that the employment has been less during that
month than the three previous months and that parties has agreed
on a “no work no pay” basis.
Purpose To strengthen
the legal position of the employees with a flexible contract.
Article
of law Article 1613ca and 1613cb BW
2.4
Minimum payment in case of nil hours and on call contracts
If
an employee with a nil hours contract a call up contract or a contract
to work for certain hours for less than 15 hours a week is called
on a certain day to perform his duties, then there is as of 1-8-2000
a minimum duration of the labour of three hours. These three hours
have to be paid up, even if the labour lasts less.
Purpose To strengthen
the position of employees with a flexible contract.
Article
of law Article 1614da BW
2.5
Introduction prohibited notices (illness, pregnancy, child birth
and marriage)
As
of 1-8-2000 termination by notice during the fist year of illness,
during the pregnancy-child birth leave of absence of the employee,
and also notice in case of marriage of the employee is invalid.
This means that the employment agreement stays in effect notwithstanding
the notice. He employer has to pay the salary of the employee upon
demand till the employment agreement has come to a lawful end.
Also
a rescission condition based upon which the employment relationship
(automatically) ends in case of marriage of the employee or in case
of pregnancy of child birth of the female employee is invalid.
The
employment agreement is still in effect because the employer can’t
make use of such a rescission condition.
If the employee
doesn’t contest the invalidity, then the employment agreement
is considered to be terminated. In this case the employee can sue
for damages based upon irregular notice.
Purpose To strengthen
the position of the employee in case of discriminatory dismissal
or dismissal during disablement.
Article
of law Article 1615e, fifth and sixth paragraph, and article 1615h,
second and fifth paragraph BW.
2.6
Introduction prohibited notice in case of union membership or union
activities
As of 1-8-2000
the employer under penalty of invalidity, can’t terminate
an employment relationship by notice because of the membership of
the employee of a union or because of union activities unless these
activities are conducted during the working hours of the employee
and the employer has withheld his permission on reasonable ground.
Article
of law Article 1615h, sixth paragraph BW
3.
Chain system in case of short term contract
For
termination of a continued employment agreement for a certain period
of time as of 1-8-2000 no notice is required, which means that the
continued employment agreement for a certain period of time also
expires. On the other hand after four continued employment agreement
for a certain period of time, with an interruption of less than
three months, the fourth contract automatically becomes one for
an indefinite period of time (“in permanent service”)
The
same applies if less than four employment agreements for a certain
period of time has followed one another with an interruption of
less than three months and all together (inclusive the interruption)
have surpassed a period of 36 months.
Also
continued employment agreements between an employee and different
employers who are considered to be each other successor regarding
the employment, fall within the reach of this regulation.
An
exception to this rule is an employment agreement for a certain
period of time exceeding three years, which has only been extended
once for a period less than three months. In his case no permanent
service is created.
If
after the creation of the permanent service the employer wishes
to terminate the employment agreement, the period of notice -which
depends of the duration of the employment relationship- is to be
calculated as from the date of the first employment agreement (inclusive
the interruptions) (see paragraph 1.2).
Purpose
To ease the use of short-term contracts on the one hand and on the
other hand to protect employees who constantly have to deal with
this kind of contracts.
Article
of law Article 1615fa BW
4.
Labour regulation 2000
4.1.
What does the Labour regulation 2000 cover?
Content of the
Regulation The
Arbeidsregeling 2000 contains rules with regards to:
· Working
hours, period of rest and timetable
· The
maximum working hours per day
· The
maximum duration of the labour per week (calculated over four weeks)
· Overtime
· Nightshift
· Standby-shift
(consignment service)
· Labour
on rest days, Sundays, and holidays
The Arbeidsregeling
2000 contains to these matters what is allowed and what is not allowed,
how long the labour should be, under which conditions one may work
overtime etc.
The Arbeidsregeling
2000 also has regulations with regards to:
· Labour
by children
· Dangerous
and nightshift by youths (is the same as the Arbeidsregeling 1952)
· Labour
by domestic personnel (“live in”)
Purpose New
regulations of labour laws, which are on one hand more flexible
and on the other hand give more securities.
4.2
Some differences with Arbeidsregeling 1952
Group
of Employees
The Arbeidsregeling 1952 has several rules for different groups
of employees. The differences originate because of the several applicable
labour regulations for example the regulations regarding the hotel
and catering industry, the labour regulation regarding casino, etc.
In the Arbeidsregeling
2000 there exists only difference between schedule workers and non-
schedule workers. The first mentioned are employees who work on
different hours (outside the regular office hours).
Horeca
Hotel and catering industry because of the fact that hotels, restaurants
and casinos are sensitive to international competition and are very
labour intensive, under the present circumstances the government
has chosen for different rules for these sectors.
Timetable
Under the Arbeidsregeling 1952 deviated timetables should be approved
by DIRAZ. Also, every deviation of a timetable was considered to
be overtime, unless DIRAZ has given prior approval.
Under
the Arbeidsregeling 2000 timetables don’t have to be approved
by DIRAZ. Time ables for schedule workers needs to be sent to DIRAZ
for notification. The director of DIRAZ has the right to forbid
certain timetables.
Incidental deviation
of the timetable is possible, if the employee is notified 48 hours
in advance.
Working
hours
The Arbeidsregeling 1952 has a working hour of 40 hours per week,
but for several employees there exists longer working hours because
of the Labour regulations. If the weekly labour hours is exceeded,
than there is overtime.
The weekly working
hours under the Arbeidsregeling 2000 is 40 hours (non-schedule workers)
or 45 hours (schedule workers). The working hour for schedule workers
is longer because this it doesn’t contradict existing timetable.
The determination
of the working hours is per four weeks which means that one can
shuffle with the hours without there being overtime. The possibility
to shuffle is limited by the maximum allowed hours per day, which
is 10 hours for non-schedule workers and 10 hours for schedule workers.
Permits
For the application of non-regular time tables, to work overtime,
and for deviation of the time tables under the Arbeidsregeling 1952
prior permit of DIRAZ was necessary.
The
Arbeidsregeling 2000 doesn’t contain a prior approval. But
employees can complain about certain matters, after which measures
can be taken. Parties can appeal decisions of DIRAZ.
Rules
of protection
The Arbeidsregeling 1952 doesn’t contain legal rules to protect
“weak” employees, such as employees who work nightshift.
The protection is being given through the individual permits.
The Arbeidsregeling
2000 contains special protection rules for employees who work nightshift
or have standby duty.
Sanctions
Sanctions under the Arbeidsregeling 1952 are minimum (the maximum
penalty is Nafl. 600,-- per violation).
The Arbeidsregeling
2000 has modern penalties and makes difference between a felony
and a misdemeanour. The maximum penalty for a felony is an imprisonment
of maximum 4 years and/or a fine of maximum Nafl. 100.000,-, the
maximum penalty for a misdemeanour is an imprisonment of a maximum
of one year and/or a fine of a maximum of Nafl. 25.000,-.
Domestic
Personnel
For the domestic personnel there are under the Arbeidsregeling 2000,
in contrary to the Arbeidsregeling 1952, certain rules of protection
(see chapter 5).
Prohibition
of child Labour
The prohibition of child labour applies to children up to, and including
14 years of age (Arbeidsregeling 1952 up to 14 years of age). This,
in connection with the forthcoming ILO-treaty 182 which will come
into force regarding the banishment of the worst cases of child
labour. Equal to the former regulations children may perform work
that is commonly performed by children or that physically and mentally
don’t require to much from the children or is dangerous to
the children (paper delivery, packing up the goods at the supermarket
etc.) as long as these activities don’t occur during school
time and not before 7.00 o’clock or after 19.00 o’clock.
4.3.
Schedule workers / non-schedule workers
Two
groups
In the Arbeidsregeling 2000 a difference is made between schedule
workers and non-schedule workers. For both groups there are different
rules as to the working hours, time tables etc. It is important
to know if an employee is a schedule worker or not.
Definition
According to the Arbeidsregeling 2000 a schedule worker is a worker
whose regular working hours (not overtime) are mostly:
· daily
before 7.00 o’clock in the morning or after 20.00 o’clock
at night
· on
Sundays
·
on holidays
Choice through Timetable
The employer can decide through a timetable if his employees are
schedule workers or not. Because schedule work is most of the time
not convenient for the employees, they can ask the Directorate of
Labour to forbid schedule work within their company. If the department
forbids schedule work, the employer has to comply with the rules
that apply to non-schedule workers.
Full
continue Service
For schedule workers who work with a full continue time table (a
timetable that guarantees continue work for 24 hours usually with
three shifts) a couple of exceptions applies see paragraph 410).
To
deviate from the timetable
To deviate from the timetable is acceptable. The employer doesn’t
need prior approval from the Directorate of Labour. A deviated timetable
has to be given to the employee 48 hours in advance though.
Article of law
Articles 2, paragraph 2, c and 13 Arbeidsregeling 2000
4.4.
Duration of labour (not included overtime)
Non-schedule
Workers
The duration of labour (overtime not included) is maximum 10 hours
per day and maximum 40 hours per week. These 40 hours is calculated
over a period of four weeks. During a busy week one may work over
for a maximum of 5 hours (during 5 days a maximum of 1 hour per
day) without there being overtime. This is under the condition that
the employer notifies the employee in advance and that the hours
are given back within three weeks.
If
the employee works over 9 hours, than there is overtime. Also if
the extra hours are not given back or not given back in time there
is overtime. Overtime has to be paid extra (see paragraph 4.7).
Schedule
Workers
For schedule workers the same as above applies with the exception
that the maximum duration of labour in an average of four weeks
is 45 hours with a maximum of 10 hours per day (not including overtime).
Nightshift
In case of nightshift and standby shift different rules applies
(see paragraph 4.8 and 4.9).
Longer
duration of Labour
The director of the Directorate of Labour based on a petition (of
the employer) can determine longer labour hours, regarding the schedule
workers as well as regarding the non-schedule workers.
Article of law
Articles 8, 14 and 24 Arbeidsregeling 2000
4.5.
Working hours and resting hours
Non-schedule
Workers
The resting hours for non-schedule workers are:
· The
period between 20.00 o’clock at night and 7.00 o’clock
in the morning
· Two
time table free parts of the day (may be continuous, for example
on a Saturday)
· Sundays
· Holidays
The regular
working hours may not fall within the resting period. If one is
obligated to work during this period, this is considered as overtime
and has to be paid accordingly.
Store
personnel
For store personnel the time of 20.00 o’clock may be later
if the official hours of closing are later. The resting time begins
half an hour after the official closing time.
Schedule
workers
For schedule workers there is another regulation. The resting hours
of a schedule worker are the following:
· Daily
the period that lies before and after the working hours according
to his timetable, taking into consideration that his resting period
per 24 hours (continuously) has to be (continuously) a minimum of
11 hours. This resting period may be reduced once every seven week
to a minimum of eight hours
· The
weekly day off according to his time table (this has to be on a
Sunday once every seven weeks)
· Once
every week a part of a day prior to or after to 13.00 o’clock
· Five
holidays per year
In case of holidays
special rules applies (see paragraph 5.8).
Obligation to report Time tables for schedule workers have to be
reported to the Directorate of Labour (see paragraph 4.12). The
director of the department has the power to forbid the time table
in certain cases.
Article of law
Article 9 Arbeidsregeling 2000
4.6.
Pause
Break The period
during which the employee has to work has to be interrupted for
at least half an hour after five hours of work, overtime included.
An interruption of less than fifteen minutes doesn’t count
as a break. For employees in a full continue shift separate rules
apply.
Working on It
is forbidden to have the employee work on during the break other
than by way of overtime.
Stand
by If the employee has to stay available during the break to go
to work if he’s called upon, then this can be considered as
consignment (see paragraph 4.9).
Article of law
Article 10 Arbeidsregeling 2000
4.7.
Overtime
Overtime
There is overtime in the following situations:
· If
the employee works during his period of rest
· If
the employee works longer than the maximum period of labour per
day or per week.
Mind you, in
case of a part time contract of for example 20 hours per week, there
is only overtime if the regular 40 hours per week is exceeded (or
for schedule workers 45 hours per week). Only if parties make other
arrangements other rules will apply.
If the employee
is called upon when standing by there is also overtime (see 5.9).
Period of labour The maximum time of labour inclusive overtime for
non-schedule workers is 11 hours per day and 50 hours per week,
considering that the total period of labour inclusive overtime calculated
over 13 weeks may not exceed 45 hours.
The maximum
time of labour inclusive overtime for schedule workers is 11 hours
per day and 55 hours per week, considering that the total period
of labour inclusive overtime calculated over 13 weeks may not exceed
50 hours. Equal to non-schedule workers schedule workers may work
10 hours of overtime above their regular hours calculated over four
weeks.
For
nightshift there is a maximum period of labour inclusive overtime
of 9 hours per day considering that this may not exceed 45 hours
per week calculated over a period of 13 weeks (see paragraph 4.8).
Compensation
Overtime has to be compensated by a surplus above the salary of
50%.
The
employee and employer may agree by writing that overtime is not
to be paid in money but in time-back (1,5 hours per 1 hour overtime).
Partly overtime
hours will always be rounded up to half hours. Overtime which doesn’t
exceed 15 minutes per day and which is not on a regular basis is
not considered as overtime.
Extra
Compensation
In certain cases above the normal overtime compensation an extra
compensation should be paid. The total compensation will then exceed
150%.
Overview
The total compensation for non-schedule workers for every hour overtime
is as follows:
Situation Compensation
(incl. salary)
exceeding the
maximum period of labour
(per day or
after 4 weeks) 150%
overtime on
the day that the employee is free
according to
his work schedule 175%
overtime on
a rest day 200%
overtime on
a holiday 250%
The total compensation
for schedule workers for every hour overtime is as follows:
Situation Compensation
(incl. salary)
exceeding the
maximum period of labour
(per day or
after 4 weeks) 150%
overtime on
the day that the employee is free
according to
his work schedule 175%
overtime on
a rest day 200%
overtime on
a holiday 250%
overtime in
combination with nightshift 175%
Conditions
If the employer calls upon the employee to work overtime during
a day which the employee is free according to his work schedule,
than a minimum of three hours overtime should be paid.
If the labour
hours per day inclusive the overtime is a minimum of ten hours,
the employer is obligated to give the employee a hot meal or a compensation
to be used towards a hot meal.
An instruction
to work overtime has to be given by the employer to the employee
the soonest possible. When instructing the employee to work overtime
the employer has to take the interests of the employee into consideration.
Overtime
obligatory?
The Arbeidsregeling 2000 doesn’t answer the question if the
employee can refuse overtime if there is no obligation to work overtime.
This question has to be answered through the labour laws. In general
an instruction to work overtime may not be denied without a valid
argument.
Article of law
Articles 14 up to and including 17 Arbeidsregeling 2000
4.8.
Nightshift
Definition Nightshift
is when a schedule worker works according to his schedule on or
after 0.00 o’clock and before 6.00 o’clock, other than
by way of overtime.
Duration
of the Labour
The duration of the labour in a nightshift, the break not included,
is a maximum of 8 hours (overtime included a maximum of 9 hours).
Furthermore the duration of the labour for schedule workers who
work on a nightshift is not 45 but 40 hours per week, calculated
over a period of time of 13 weeks (when including overtime a maximum
of 45 hours).
Work schedule
The work schedule of an employee who works nightshift has to comply
with the following conditions:
· the
employee may only work a maximum of 14 times a nightshift in a period
of 4 weeks (unless it concerns a specific night job for example
night security or personnel of the hotel and casino industry);
· the
employee should have a continuing resting period after a nightshift
of:
a. a minimum
of 12 hours if the nightshift ends before or at 2.00 o’clock
b. a minimum
of 14 hours if the nightshift ends after 2.00 o’clock
· the
period of rest mentioned above may be cut in a continued period
of 7 days to 8 hours;
·
the employee has a resting period of a minimum of 48 hours if he
has worked continuously 6 times in a nightshift.
Article
of law Articles 12 and 14 Arbeidsregeling 2000
4.9.
Standby shift
Definition
Under consignment is understood: a period of time between two continuous
shifts or a break, during which the employee is obligated to stay
in touch to get back to work in case of unforeseen circumstances.
In case of so
called split-shifts or shifts that have been discontinued, for example
when the employee has to work early in the morning and in the afternoon,
there is no consignment if the employee doesn’t have to stay
in touch during the break.
Several prohibitions
It is forbidden to force a consignment on employees younger than
18 years of age.
Per
4 weeks during a period of 14 continuous days no consignment may
be forced to an employee.
Also
no consignment may be forced in combination with a nightshift on
the same day.
Duration
of the Labour
If the consignment also includes the period between 0.00 and 6.00
o’clock, than for the schedule workers is not applicable the
normal working period of 45 hours, but the duration of labour calculated
in a period of 13 weeks is not more than 40 hours a week. Other
than this the duration of labour will stay the same.
The
labour as a result from the consignment, doesn’t count for
the calculation of the normal period of labour (with or without
overtime) as mentioned in paragraph 4.4 and 4.7
Compensation
The labour time which has to be compensated during the consignment
is the real time the employee has worked when called upon.
One
call or several calls within half an hour are considered to last
at least half an hour, if after the employee has worked during consignment
and within half an hour he is called upon, the period which lies
between has to be compensated as if during that period one has been
working.
Labour conducted
during standby has to be paid as overtime.
Stand
by Compensation
Unless agreed otherwise in writing, the employer decides which employee
has to bare consignment notwithstanding if the employee is called
upon or the employee has worked. The compensation is 1% of a month
salary before deductions. This compensation may not be deducted
from the compensation that has to be paid if the employee is called
upon.
Article of law
Article 11 Arbeidsregeling 2000
4.10.
Full continue shift
Definition
Under labour in a full continue company is understood: labour in
a company which is continuously being run during 24 hours a day
such as parts of the medical sector and the oil refinery.
Special
rules
For employees who work nightshift the following applies:
the day of
rest should be once in every 13 weeks on a Sunday
if the work
doesn’t allow, the break can be taken later than after 5 hours
of work
there is no
maximum period of labour inclusive overtime per day
the period
of labour inclusive overtime is a maximum of 60 hours per week.
The time of labour without the overtime is 45 hours per week (in
case of a nightshift also 45 hours per week)
For
consignment shift (see paragragh 4.9) there is for schedule workers
in a full continue shift a 14 day consignment free period, consignment
shift in combination with nightshift is forbidden. The consignment
compensation is not applicable.
Article of law
Article 26 Arbeidsregeling 2000
4.11.
Administrative obligations for the employer
List of employees Every company should hang a list of employees
in a place where the employees have free access to. This list gives
a systematic view of the various functions in the company and the
amount of employees, and also the period of labour and work schedule
in the company and the period of rest. The model of this list is
equal to the list according to the Arbeidsregeling 1952.
Obligation
to Inform
Lists which contains working schedule for schedule workers have
to be submitted to the Directorate of Labour. This also applies
to structural changes in the lists.
Incidental
changes
If an employee incidentally has to work longer or shorter than according
to the work schedule, (in connection with the possibility to move
working hours between days; see paragraph 4.4) than he has to be
notified 48 hours in advance.
Prohibition Director
The director of the Directorate of Labour can forbid a work schedule
regarding an employee or a group of employees or can give binding
instructions regarding this schedule if:
he is of the
opinion that there is no schedule work necessary in this company
he is of the
opinion that this is the case because of the health (risk) of the
employee or employees.
Register
of Personnel
The employer is obliged to hand over a register of personnel if
asked by the Directorate of Labour. The register of the personnel
contains the names, dates of birth, and nationalities of the employees.
Regarding employees who are not allowed by law in the Netherlands
Antilles, the number and the date of the permit should be mentioned.
Register
of overtime
The employer should have a register of the overtime that is being
worked in his company and is obligated to hand this over to the
Directorate of Labour. The register of overtime contains the names
of the employees who has worked overtime, the date of the overtime
and the duration of the overtime per employee.
Article of law
Articles 28 till 30 Arbeidsregeling 2000
4.12.
Date the regulation becomes in effect and transitional regulation
Date
of Effectiveness
The date of effectiveness is august 1, 2000.
Transitional Regulation
There is a transitional regulation of 12 months. This may have effect
for existing (collective) labour agreements, regulations and approved
timetables.
Agreements
Existing agreements or regulations which differs in a negative way
for the employees from the regulations of the Arbeidsregeling 2000
will stay in effect for a maximum of one year after this regulation
has become effective. As far as the Arbeidsregeling 2000 makes it
possible to create differences adverse for the employee, these differences
may stay in effect after that year.
Negative
effect for the
employee
If implying one of the regulations of the Arbeidsregeling 2000 has
a negative effect for the employee regarding a similar regulation
from the Arbeidsregeling 1952, than the adverse regulation may only
become in effect after 12 months, unless the employee agrees by
writing that the regulation becomes in effect on an earlier date,
or if it is agreed by collective labour agreement that the regulation
becomes in effect on an earlier date.
Labour
regulations
The employer who at the time the Arbeidsregeling 2000 becomes effective
has an approved timetable based on the Arbeidsbesluit I, the regulation
regarding the hotel industry and the regulation regarding casino,
where the working hours are more than 45 hours per week, is considered
to have the approval of the director of the Directorate of Labour,
to let the employees work the longer hours, for a maximum of 12
months.
For
employees in a bakery who falls under the Arbeidsbesluit II, there
is a special rule set forth in article 40.
Cutting
the wages
The prohibition to adjust the wages of the employees to reduced
working hours as a consequence of the Arbeidsregeling 2000 becoming
in effect, has lapsed as per January 1, 2001 (PB 2000 nr. 172).
Article of law
Articles 37 up to and including 43 Arbeidsregeling 2000
5.
Domestic personnel
Former
regulation
To the domestic personnel the regulation of the Arbeidsregeling
1952 doesn’t apply, because this regulation only applies to
work done in a ‘company’. The private house holding
doesn’t fall under this category.
New
regulation
In the Arbeidsregeling 2000 (as of august 1, 2000) there is a stipulation
regarding domestic personnel, which stipulation contains norms the
employer has to take into consideration.
Working
hours
The working hours are a maximum of 11 hours per day and
55 hours per week. Overtime has to be compensated at 150%
Pause
After 5 hours of work there should be a break of at least half an
hour. Labour during the break should be compensated at 150%
Resting
period
The hours between 22.00 and 6.00 o’clock are considered to
be the resting period unless the labour relates to nursing which
occurs between said period. Labour within these hours should be
compensated at 150%.
The
employee has the right of one day of rest every seven days. Labour
performed on the day of rest should be paid at a rate of 200%.
Holidays
The employee is exempted from labour on holidays with the retention
of salary. Labour on a holiday is compensated at 200%.
Minimum
salary
The minimum salary of domestic personnel is as of 1-8-2001, a minimum
per hour salary. (See folder Gross hourly minimum wages) and shall
be equalized in phases to the level of category 1, with the understanding
that the sums mentioned hereafter regarding board and lodging (life
in personnel) or meals (non resident personnel) may be subtracted
from the salary.
Board and lodging
a. Naf. 300
for the island territory of Curacao
b. Naf. 300
for the island territory of Bonaire
c. Naf. 425
for the island territory of St. Maarten
d. Naf. 300
for the island territory of Saba
e. Naf. 300
for the island territory of St. Eustatius
Breakfast or
a sandwich
a. Naf. 1,50
for the island territory of Curacao
b. Naf. 1,50
for the island territory of Bonaire
c. Naf. 2,10
for the island territory of St. Maarten
d. Naf. 1,50
for the island territory of Saba
e. Naf. 1,50
for the island territory of St. Eustatius
A warm meal
a. Naf. 5 for
the island territory of Curacao
b. Naf. 5 for
the island territory of Bonaire
c. Naf. 7 for
the island territory of St. Maarten
d. Naf. 5 for
the island territory of Saba
e. Naf. 5 for
the island territory of St. Eustatius
Article of law
Article 25 Arbeidsregeling 2000, article 9 paragraph 4 Landsverordening
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