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

Wage +50%

=

(150%)

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

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

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

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. [1]

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.