LABOUR
REGULATION 2000
Non-Schedule work(er) – v/s – Schedule work(er)
The Labour regulation
2000 provides rules with regard to, among others: the working
hours, pause, periods of rest, labour in full-continuous shift,
overtime, child labour, night labour, dangerous labour and labour
by (live-in) domestic personnel.
The Labour regulation
2000 is applicable to workers earning wages equal to or below the
premium-limit for health insurance.
With the introduction
of the Labour regulation 2000 on August 1st 2000, a distinction
was made between non-schedule workers and schedule
workers. There are different rules for both groups with
regard to working hours, timetables etcetera.
In this brochure
special attention will be given to the difference between a non-schedule
worker and a schedule worker and their respective pay for overtime
and pay for work on public holidays.
I. Non-Schedule
work:
• Labour,
not being overtime, performed during regular office hours:
- between 07.00 – 20.00 hrs;
- on the two-day parts (whether or not continuous)
for example: all Saturday or only Saturday morning and Monday morning;
- not on Sundays;
- not on holidays.
In other words:
• Non-schedule
workers are employees with a regular five/six day (on average not
exceeding) 40-hours-working week
II. Schedule work:
• Labour,
not being overtime, performed, according to a periodical
time table on different, in view of the
nature of the enterprise essential, hours and where
as a result the working time falls wholly or partially within
the hours of rest (art. 2 para 2 sub e Labour regulation2000)as
specified in article 9, first paragraph.
• Labour
performed, according to a periodical timetable where as a result
the working time falls wholly or partially:
- before 07.00 and after 20.00;
- on Sundays or days replacing Sunday;
- on public holidays.
In other words:
• It is
about (semi-) continuous services, hotel and catering industry,
casinos etc.
• Schedule workers are employees on a five/six day (on average
max) 45-hour working week where labour may be performed
on different hours (outside regular office hours).
Prohibition of certain timetables/working hours
The Director
is authorized to prohibit certain working hours or timetables in
full or partially or to give obligatory recommendations if:
a. the nature of the enterprise does not require labour during the
working hours mentioned;
b. the health or wellbeing of the employee makes it advisable (art.
28, third para)
NON-SCHEDULE
WORKER
COMPENSATION FOR OVERTIME
|
|
All
sectors |
Special
sectors |
|
|
|
Hospitality |
Domestic
Personnel |
| Art 15 para 1:
The employee receives per hour for
overtime performed (i.e. working longer hours than the
maximum number of hours allowed per day or per week) on
top of the hourly wage applicable to him a bonus of not less
than 50% of his hourly wage in |
Wage +50%
=
(150%) |
Wage + 50%
=
(150%) |
Special rules apply
(art. 25 para
1 sub f) Wage + 50%
=
(150%) |
| Art. 15 para 2:
On top of the overtime bonus as
mentioned in paragraph 1, the employee -not being a schedule
worker - is entitled to an overtime bonus of: |
|
|
|
| Art. 15 para 2a:
Not less than 25% of his hourly
wage, if overtime is performed during hours of rest as indicated
in art. article 9, first para, sub
c;(= two time table free part of a day); or |
Wage + 50%
+
25%
=
(175%) |
May revert to the regular overtime
percentage
(art. 15 para 1) |
Special rules apply
(art. 25 para
1 sub f)
Wage + 50%
=
(150%) |
| Art. 15 para 2b:
Not less than 50% of his hourly wage, if overtime is performed on his
day of rest as in article 9, first para, sub b; or
|
Wage + 50%
+
50%
=
(200%) |
Special
rules apply
Article 2 para
1 sub L Labour Decree Hospitality
Industry.
wage+50%
+
50%
=
(200%) |
Special rules apply (art. 25 para
1 sub g)
Labour performed on a day of rest
will be awarded with a bonus of 100%.
Wage + 100%
=
(200%) |
| Art. 15 para 2c:
Not less than 100% of his hourly
wage if overtime is performed on a holiday including
what is stipulated in article 22, first para. |
Wage + 50%
+
100%
=
(250%) |
Special
rules apply
Article 2 para
1 sub L Labour Decree Hospitality
Industry.
wage+50%
+
50%
=
(200%) |
Special rules apply (art. 25 para
1 sub g)
Labour performed on a holiday will
be awarded with a bonus of 100%.
Wage + 100%
=
(200%) |
Rounding
off: the total number of minutes will always be rounded off upwards
in half hours
(art. 14 para 4 and art. 25, para 1 sub f and g)
NON-SCHEDULE
WORKER
WAGE ON HOLIDAYS
|
|
All sectors |
Special sectors |
|
|
|
Hospitality |
Domestic Staff |
| Art. 22 para 1:
If an employee works on a holiday
he is entitled to not less than the wage he would have earned
on that day during the normal time of labour,
if that day was not a holiday.
|
Application of: not less than the
normal wage.
=
(100%) |
Application of: not less than the
normal wage.
=
(100%) |
Application of: not less than the
normal wage.
=
(100%) |
WORKING HOURS
NON-SCHEDULE WORKER
Working hours
Up to a maximum of 10 hours per day and a maximum of 40
hours per week, calculated over a period of four weeks (article
8 para 1).
Working hours (including
overtime)
Working hours, including
overtime, may be no more than 11 hours per day and
50 hours per week, calculated over a period of four weeks,
with the understanding that the total working hours including overtime,
calculated over a period of 13 weeks may not be more than 45 hours.
(article 14 para 1).
Deviation from this rule is allowed by way of collective labour
agreement.
SCHEDULE
WORKER
COMPENSATION
FOR OVERTIME
| |
All
sectors |
Special
sectors |
| |
|
Hospitality |
Domestic Personnel |
|
Art 15 para 1:
The employee receives per hour, on
top of the hourly wage that is applicable in his case, an
overtime bonus of 50% or more of his hourly wage in
compensation. Overtime means working longer hours than the
maximum working time allowed per day or per week. |
Wage + 50%
=
(150%) |
Wage + 50%
=
(150%) |
Special rules apply
(art. 25 para
1 sub f)
wage + 50%
=
(150%) |
| Art.
15 para 3
Next to the overtime bonus,
as indicated in para 1, the employee
working on a schedule receives an additional overtime bonus: |
|
|
|
| Art. 15 para 3a:
Not less than 25% of his hourly
wage, in case overtime is performed during the period of rest
as indicated in article 9, second para,
sub c; (= two time table free part of a day); |
Wage + 50%
+
25%
=
(175%) |
May revert to the regular overtime
percentage
(art. 15 para 1) |
May revert to the regular overtime
percentage
(art. 15 para 1) |
| Art. 15 para 3b:
Not less than 25% of his hourly
wage, in case overtime is performed on the same day as the
one during which labour is performed
in nightshift; or |
Wage + 50%
+
25%
=
(175%) |
May revert to the regular overtime
percentage
(art. 15 para 1) |
May revert to the regular overtime
percentage
(art.
25 para 1 sub f)
wage + 50%
=
(150%) |
| Art. 15 para 3c:
Not less than 50% of his hourly
wage, if overtime is performed on the day of rest according
to his work schedule; or |
Wage + 50%
+
50%
=
(200%) |
Special rules apply:
Art. 2 para 1 sub o Labour Decree Hospitality
Industry.
Wage + 50%
+
50%
=
(200%) |
Special rules apply: (art. 25 para
1 sub g)
Labour performed on a day of rest
will be awarded with a bonus of 100%.
Wage + 100%
=
(200%) |
| Art. 15 para 3d:
Not less than 100% of his hourly
wage, if the overtime was performed on a holiday, including
what is stipulated in article 22, first paragraph. |
Wage + 50%
+
100%
=
(250%) |
Special rules apply
Art. 2 para 1 sub o Labour Decree Hospitality
Industry
Wage + 50%
+
50%
=
(200%) |
Special rules apply: (art. 25 para
1 sub g)
Labour performed on holiday will
be awarded with a 100% bonus.
Wage + 100%
=
(200%) |
Rounding
off: the total number of minutes will always be rounded off upwards
in half hours
(art. 14 para 4 and art. 25, para 1 sub f and g)
SCHEDULE
WORKER
WAGE
ON HOLIDAYS
| |
All sectors |
Special sectors |
| |
|
Hospitality |
Domestic Personnel |
| Art. 22 para 2:
If an employee actually performs
scheduled work on a holiday he is entitled to not less
than double the wage he would have earned on that day during
the normal time of labour, if that
day was not a holiday. This
as a deviation from the first paragraph. |
Application of: not less than double
wages.
=
(200%) |
Application of: not less than double
wages.
=
(200%) |
Application of: not less than double
wages.
=
(200%) |
WORKING HOURS SCHEDULE
WORKER
Working
hours
Up to a maximum of 10 hours per day
and an average of a maximum of 45 hours per week, calculated
over a period of four weeks (article 8 para 2).
Working
hours (including overtime)
Working hours for schedule workers, including
overtime, may be no more than 11 hours per day and
55 hours per week, calculated over a period of four weeks,
with the understanding that the total working hours including overtime,
calculated over a period of 13 weeks may not be more than 50 hours.
(article 14 para 2).
Deviation
from this rule is allowed by way of collective labour
agreement.
WORKING
HOURS HOTELS, RESTAURANTS AND CASINO’S
- working hours may be 48 hours maximum per week,
calculated over a period of 4 weeks, taking into account that working
hours per day may not exceed 10 hours.
- working hours including overtime may not exceed
55 hours per week, calculated over a period of 4
weeks, taking into account that working hours per day may not exceed
11 hours.
- Working hours per nightshift (i.e. when the employee works according
to his timetable from midnight or onwards or before 06.00 hrs) excluding
intermission may not exceed 8½ hours per day.
WORKING HOURS DOMESTIC PERSONNEL
May not exceed 11 hours per day and 55 hours per week.
PUBLIC HOLIDAYS
1. New year’s day
2. The day after the Carnival parade and in St Martin the day before
the Carnival parade
3. Good Friday
4. Easter Sunday
5. Easter Monday
6. Ascension day
7. Whit Sunday (Pentecost)
8. Queens birthday
9. 15th December “Kingdon Day”
10. Christmas day (25 Dec.)
11. Boxing day (26 Dec.)
12. Flag day: 6/9 Bonaire; 2/7 Curaçao; 11/11 St. Martin;
16/11 St. Eustatius; first Friday of Dec. Saba
13. Labour day
(See: P.B. 2000 NO. 67)
OBLIGATIONS OF THE EMPLOYER
In principle it is the employer’s choice to decide, in view
of the nature of the activities of his enterprise, whether scheduled
work will be applied or non-scheduled.
List of employees
Every enterprise needs to have a list of employees posted.
LIST OF EMPLOYEES, SPECIFYING TIMETABLES FOR SCHEDULE WORKERS, NEED
TO BE SENT TO THE DIRECTORATE OF LABOUR.
The list of employees provides a systematic overview of:
• the various jobs in the enterprise
• the number of employees
• working hours and timetables
• hours of rest
List of employees forms can be obtained from the department.
Register of personnel
Upon request the employer has to produce a register of personnel.
A register of personnel has the names, dates of birth and nationalities
of the employees. Of employees on an admission by right (van rechtswege)
in the Netherlands Antilles, the number and date of issue of the
residence permit will be noted.
Overtime register
The employer is obliged to keep an overtime register
and to submit this upon request. The register only has to cover
one year in retrospect.
The register gives:
• the names of the employees who have performed overtime;
• the date on which overtime was performed;
• the duration of the overtime performed per employee;
• the compensation.
|
