1.
To whom does the Vacation Regulation 1949 apply?
The
Vacation Regulation 1949 (P.B. 1949, no. 17) applies to all employees
who are working on the basis of a working agreement. A working agreement
van be concluded both verbally or in writing.
Not
everybody can be considered to be an employee, like sailors, home
workers and live-in children of the employer, for whom they work.
Mind
you!: domestic workers do fall under this Regulation.
2.
To how many vacation days are the employee entitled?
For
each year, which you have been working consecutively with the same
employer, you are entitled to a vacation of at least three times
the contracted number of workdays per week with pay.
For
example:
·
An employee who works two days per week is entitled to three times
two (= the number of workdays per week ) = six vacation days with
pay in a year;
·
An employee who works three days per week is entitled to three times
three = nine vacation days with pay in a year;
·
An employee who works five days per week is entitled to three times
five = fifteen vacation days with pay in a year.
However,
in case you work six days per week, you are entitled to at least
fifteen vacation days.
Mind
you!: more vacation days can always be agreed upon between employer
and employee!.
3.
How is the vacation given?
The
vacation is given preferably consecutively. On your request or when
the activities so demand, the vacation can be divided. However,
at least half the vacation has to be given consecutively. The decision
regarding the moment on which the vacation will begin, occurs after
consultation between the parties concerned, but the final decision
lies with the employer.
4.
When can the employer delay or revoke the vacation?
The
employer can, on your request or due to reasons related to the company’s
interest, delay the date of the vacation or revoke the already started
vacation. If an employer revokes your already started vacation due
toe reasons related to the interest f the company, he will have
travel- and hotel expenses you may have suffered due to the delay
of the vacation.
If
at the beginning of your vacation you are unfit to work in the meaning
of the Accident Insurance Ordinance (P.B. 1966, no. 14) or at that
moment or during your vacation you are sick or you get sick in the
meaning of the Sickness Insurance Ordinance (P.B. 1966, no. 15),
the vacation or the part that was not enjoyed, will be considered
as revoked.
5.
When do you lose your right to vacation?
The
right to vacation over the previous year becomes superannuated,
if you have not been to work during that year:
a.
due to sickness or accident, in total for at least six months;
b.
due to the compliance with legal obligations, in total at least
six weeks.
6.
What happens to the vacation days that were not taken?
The
vacation days, which one is entitled to, but which have yet not
been taken at the moment that one has claim, will be joined till
a maximum of six times the stipulated number of workdays per week.
Vacation days above this maximum will lapse.
The
employer is obligated to have the joint maximum vacation be taken
within three months after the request, while you are obligated to
take this vacation, asked or unasked by the employer.
For
companies, where work is done continuously, a periods of six months
apply.
The
joint maximum vacation will be given consecutively and cannot be
delayed or evoked, except when at the beginning of your vacation
you are inapt to work or at that moment or during your vacation
you are sick or you get sick.
7.
What happens to the vacation days which have not been taken at the
termination of the service?
At
the termination of the working relationship all vacation days, which
have not been taken, will be paid according to their value in money.
When calculating the number of vacation days a part of a day will
be calculated as a whole day
The
wage per day will be calculated as follows:
For
the employee who has a five-day workweek:
the
hourly wage agreed upon between the employer and employee, multiplied
by the average number of working hours per week of the employee
in question, divided by 5; or
the weekly wage divided by 5; or
the monthly wage multiplied by 3, divided by 65
For the employee who has a six-day workweek:
the
hourly wage agreed upon between the employer and employee, multiplied
by the average number of working hours per week of the employee
in question, divided by 6; or
the weekly wage divided by 6; or
the monthly wage multiplied by 3, divided by 78.
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EXAMPLE
An
employee works five days per week. He gets Nafl. 1.000,- per month.
His day’s wage with a five day’s workweek is (monthly
wage x 3) divided by 65 = (Nafl. 1.000,- x 3 divided by 65 = Nafl.
46,15.
The
employee is entitled to (5x3=) 15 vacation days per year.
Imagine:
at the termination of his working relationship he still has 7,5
vacation days left.
The
employer will have to pay the following amount to the employee at
the termination of the working relationship:
7 times
Nafl. 46,15 = Nafl. 323,05
half
a day is calculated as a whole day
Nafl.
46,15 +
Nafl.
369,20
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PUBLIC
HOLIDAYS
· New Year’s day;
·
The day after the ‘big’ Carnival parade and on St. Martin
the day before;
·
Good Friday;
·
Easter Sunday and Monday;
·
Ascension Day;
·
Whitsunday;
·
The Queen’s birthday;
·
15th of December (Kingdom Day);
·
Christmas and Boxing Day;
·
The day of the Flag: 6/9 on Bonaire. 2/7 On Curaçao, 11/11
on St. Martin, 16/11 on St. Eustatius and the first Friday of December
on Saba;
·
Labour Day
(see:
p.b. 2000 no. 67).
Mind
you!: public holidays are not considered as vacation and are therefore
extra free days for the employee
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