Section 1 - Chapter 1
The general agreements regarding the BES Healthcare CLA.

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1.1. CLA Parties

This Collective Labor Agreement BES Healthcare CLA 2024 - 2026 (hereinafter "CLA") has been agreed upon by the following (CLA) Parties made up of, on the one hand, the Employers:

1. Saba Cares Foundation, based in Saba,

2. St. Eustatius Health Care Foundation, based in St. Eustatius,

3. St. Eustatius Auxiliary Home Foundation, based in St. Eustatius,

4. Fundashon Mariadal Foundation, based in Bonaire,

5. Mental Health Caribbean Foundation, based in Bonaire, Saba and St. Eustatius

And the Unions on the other:

1. Algemene Federatie van Boniariaanse Werkers (AFBW), based in Bonaire,

2. All For 1 Union Sint Eustatius (AF1), based in Sint Eustatius,

3. Saba United People's Labor Union and Association (SUPLUA), based in Saba.

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1.2. Collective Labor Agreement 2024 - 2026

The agreements regarding the employment conditions from the Covenant BES Healthcare CLA 2024 - 2026 of September 28, 2023, have been incorporated into this CLA. This covenant incorporates the themes discussed by the CLA Parties and the agreements reached on them.

The main themes and agreements made are listed below. The main themes include:

• Improved employment conditions
• Sustainable employability
• Harmonization of the general provisions
• Collaboration

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1.2.1. Topic: Improved employment conditions

Salary increase
The OVA rate for 2024 is 6.36% and already set. At the time the Covenant is signed, the OVA percentage for 2025 is still provisional and for 2026 is unknown. The Parties agreed on a three-year Collective Labor Agreement on the following terms for salary increases.

The salary increase rate for 2024 is 3.0% effective January 1, 2024. Employee salaries will first be migrated to the new salary table (Annex 1) and subsequently, the salary table will be increased by 3% across the board (Annex 1).

The salary increase rates for 2025 and 2026 are also 3.0% and will take effect on January 1 of each of the aforementioned years, on the condition that the OVA applied in order to adjust the budget for personnel costs for that year will at least be 4.94%^[2]. If this percentage differs (higher or lower), the Parties will consult on salary adjustments.

When the Government sets a specific OVA for the BES Islands, the Parties will consult on an appropriate salary-increase percentage.

New salary structure comprising 16 grades
On January 1, 2024, the new salary table, (Annex 1) with insertion numbers and salary scales with 16 grades will be applied. Employees will be placed in the scale applicable to their position and in the grades with the same or next higher salary amount as their salary on December 31, 2023. Based on this migration plan, Employees will at least retain their current salaries. For the Employees of the affiliated healthcare organizations on Bonaire, periodic grade increases will automatically occur annually (see next paragraph). For the Employees of the affiliated healthcare organizations on Saba and St. Eustatius, the increase to the next step will remain linked to the Employee’s performance and the corresponding assessment.

The amendment to the salary structure is part of the phased harmonization of employment conditions, which starts with this CLA, and which compensates for (both this and future) changes in entitlements as a result of the harmonization of the employment conditions in a joint CLA. All previously accrued rights and/or other (statutory or contractual) entitlements of the employee shall lapse, i.e. be deemed to be included in the entitlements as laid down in this CLA.

Staged increase (Fundashon Mariadal)

In Section 3 (organizational section of Fundashon Mariadal) an article is added regarding the grade adjustment. This states that a grade adjustment takes place on January 1 for Employees with an indefinite contract and for Employees with a fixed-term contract on the date of a successive year that the Employee entered employment.

Harmonization of the vacation-hours regulation
The parties agree to a harmonized vacation-hours regulation for all Employees. The regulation is based on 200 vacation hours per Calendar Year for full-time employment for each Employee, regardless of age, position or years of employment. Implementation of the regulation involves that:

• Employees entering employment as of Jan. 1, 2024, are entitled to 200 vacation hours per Calendar Year for full-time employment.
• Employees who were hired before Jan. 1, 2024, and currently have more than 200 vacation hours will retain the number of days accrued as of Dec. 31, 2023.
• Employees who on December 31, 2023, have 200 vacation hours or less and would be entitled to additional vacation hours on or after January 1, 2024, based on previous Collective Labor Agreement provisions, will no longer have this right. For them, the established 200 vacation hours per year will apply.

Any other (statutory or contractual) claims to vacation hours per Calendar Year shall lapse, or at least be deemed to be included here.

Harmonization of Irregular hour compensation
The parties have agreed to adopt one equal compensation regulation (irregularity allowance) for irregular hours from January 1, 2024 (see article 4.15, section 2). The compensation regulation is based on the regulation applied by Fundashon Mariadal. The parties have agreed that the Irregularity allowance will be applied until 7:00 a.m. Mondays through Fridays. (Any extra allowance that may apply between 7:00 - 8:00 from Mondays through Fridays will be forfeited).

The Parties have further agreed that the Irregularity allowance will be applied to Employee-schedule worker up to and including function group 60 also for the healthcare organizations on Saba and St. Eustatius, on the understanding that the compensation will be calculated at most on the basis of the salary in the last step of scale 45. If the Employee performs more than one job, the leading factor for the calculation of the Irregularity allowance will be the job that the Employee-schedule worker performs during the schedule shifts.

The aforementioned regulation also applies when a non-scheduled worker is asked to work a shift (for example, due to staff shortages) in a department with scheduled work.

Any other (statutory or contractual) claims to compensation for performing work at irregular hours shall lapse, i.e. be deemed to be included here.

New promotion regulation

The parties have agreed that in the event of promotion to a position in a higher job group, an Employee will first move up two salary grades in his current scale and subsequently move to the grade with the next higher salary amount in the new salary scale.

If an Employee is in the highest grade of their current salary scale, the salary adjustment numbers are used to determine the next two salary scales. The Employee subsequently moves to the new salary scale in the grade with an equal or, if not available, next highest salary amount.

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1.2.2. Theme: Sustainable employability

Vitality Budget
The parties have decided that as of January 1, 2024, every Employee will be entitled to an annual Vitality Budget. This provision is an instrument to stimulate sustainable employability.

Employees of Fundashon Mariadal and Mental Health Caribbean had a budget for costs of dental care and glasses from previous Collective Labor Agreements. This budget is now extended with additional (claim) possibilities and the amount is higher as well. The budget is a new provision for the Employees of the healthcare organizations on Saba and St. Eustatius.

The Vitality Budget during the term of this Collective Labor Agreement will be USD 850 per Calendar Year for a Full-time Employee. Part-time Workers and Employees who have not worked a full Calendar Year will receive a prorated budget. Upon submission of invoices and other proof of payment, the Employee can request reimbursement from this budget for items such as dental and eyeglass expenses, a sports subscription, massage, childcare or a financial coach (if not yet fully reimbursed). The operational aspects of the utilization of this budget are further specified in HR policies. In the case of reimbursements for dentist, glasses and childcare, the Vitality Budget can also be used for claims by family members who are part of the Employee's household as defined in the CLA.

Development of a generation regulation

The parties have determined that sustainable employability, specifically for the group of Employees aged 55 years and older, must be developed, with the focus on the Employees’ individual needs.

Customization can be developed through the Ladder of Customization (Annex 5). This regulation will be used as a mandatory starting point in the CLA and will be further shaped through HR policies in each organization. AFBW and Fundashon Mariadal have specifically agreed to discuss this topic with each other. A conversation will be held with the Employee from this target group at least once a year, when the needs and wishes, limitations and workload will be discussed.

A phase-out regulation based solely on age does not do justice to the principle of customization. If a phase-out regulation is the instrument, the Employer and Employee will make further agreements with each other. This was provided for in the Fundashon Mariadal CLA and has been included in the BES Healthcare CLA as a general principle for all Employers. It fits the principle of customization at Employee level.

Absenteeism Policy
An absenteeism policy involves more than merely supervision of absenteeism. Healthcare organizations are going to explicitly include and specify prevention of absenteeism in their HR policies. With respect to this, the CLA agreement includes the obligation to have an HR policy on sustainable employability. The personal Vitality Budget and (the use of) vacation leave are important tools to achieve this.

The Parties have agreed to endeavor to harmonize the existing sick-leave regulations for all Employers. The parties agree that, in view of the complexity, the Technical Committee will conduct a study and provide an appropriate proposal for a regulation that will apply to all Employers. This regulation will take effect January 1, 2025.

A draft policy will be discussed with the Technical Committee in July 2024. The basic principle is that long-term sick Employees are affected as little as possible by a reduction in Salary. On the other hand, short-term frequent absence of Employees is discouraged. Any financial proceeds will fully benefit this regulation. The existing experience with the sick-leave regulations of the Employers on Saba and St. Eustatius and on Bonaire serve as input to develop a more appropriate regulation.

Fundashon Mariadal will implement the following transitional regulation as of January 1, 2024 until the new harmonized sick leave regulation will be implemented by all Employers. The goal is to have the final new regulation effective January 1, 2025.

Under the transitional arrangement, Employees of Fundashon Mariadal who are seriously or long-term ill will receive 100% of their Salary as sick pay for a maximum period of 60 days. After this period, the current salary payment regulation, based on sick pay of 80% of the Salary, will apply. An Employee is considered seriously or long-term ill after the Occupational Physician has declared the Employee unfit for work due to serious or long-term illness, which will be based on a written referral from a medical specialist. The serious or long-term illness has a major impact on the Employee and may require intensive treatment by a specialist or, for example, long-term rehabilitation therapy.

For Employees who are sick and disabled but do not meet the above criteria, the current regulation remains effective.

Flexible Working Hours

The parties are in favor of allowing Employees to decide for themselves whether a 36-hour or 40-hour work week is appropriate. If the Employee chooses to work less than 40 hours, this will be supported by the Employer as much as possible. The Salary and other employment conditions will be adjusted in proportion to the agreed Working Hours.

In addition, the Employers wish to explore the implementation of a Year Hour System (YHS). This is based on the total number of working hours on an annual basis and the work pattern is determined by mutual agreement. The YHS can help increase a more flexible approach to scheduling Employees and contribute to ensuring continuity of care.

Confidential Advisor
The parties have agreed that each organization shall have a confidential advisor. This will be included as a provision in the CLA. The Confidential Advisor will need to have received relevant training. The Employers will observe the SZW published guideline on the deployment of Confidential Advisors.

Discontinuation of child allowance

The child allowance regulation for Employers on Saba and St. Eustatius will be terminated as of January 1, 2024. The parties have discussed that a child allowance is provided by the government and therefore the Employer is no longer imposed with this government task. The released funds will be used for the introduction of the Vitality Budget.

Where possible, Employers will encourage and support the availability of childcare. The Vitality Budget can also be used for childcare.

Loyalty policy for final salary earners
A point will be reached where an Employee cannot continue to grow in salary in their current position within any salary structure with a set minimum and maximum salary. The parties agree that the goal will be to support Employees in their careers so they can advance to a higher job grade with matching higher scale, providing them with better salary prospects. This is in the interest of both the Employee and the Employer.

The parties recognize that instruments must be in place to maintain and promote the motivation of Employees who are currently at the maximum grade of their scale. Money may play a role, yet other incentives may also be appropriate. The parties agree to have the Technical Committee investigate and advise on whether and how a loyalty program can be developed for this purpose; the outcome of this investigation must be available by January 1, 2025.

Special leave
Various situations are mentioned in both (previous) CLAs for which special leave can be requested by the Employee These circumstances range from general cases that apply to all employees to specific situations, such as family matters or individual circumstances. Employers want to make the best possible provision for this, which must also be practicable. The parties discussed the desirability of enabling customization regarding the application of the number of days in specific situations.

Based on the objective of having one unified regulation, the parties commissioned the Technical Commission to develop a regulation that allows for different situations, the island-specific situation, inclusiveness, etc. The Technical Committee's opinion should be available by July 1, 2025. It will be discussed at the CLA table and once approved, will become part of the CLA.

Training and development

The parties emphasized the relevance of Employee training and development to support the ambition of the BES CLA.

Moving toward a system of accreditation within the Kingdom was discussed in the Technical Committee and the development of a joint policy is desirable.

Training budget

The Collective Labor Agreement adopt the provision that Employers will set aside a minimum of 2% of the gross wage bill per Calendar Year for training and development.

HR policy study facilities

The Employers will develop an HR policy governing the allocation of study facilities. This will be set forth in Article 6.1 by January 1, 2025, as part of the strategic training plan.

The parties have agreed to review and/or develop an appropriate study facilities regulation, which is suitable to the type and level of study taken up. This will be based on the time needed for studies. This includes continuing education. It also comprises a repayment regulation in case the Employee decides to leave the Employer for the agreed period. The parties have instructed the Technical Committee to investigate and advise how this can be fleshed out.

1.2.3. Theme: General Provisions

Harmonizing contract terms

The Technical Committee has advised the CLA consultation to eliminate differences based on the form of contract. Preventing such distinctions contributes to consistency and clarity in terms of employment conditions and ensures equality of treatment. In a broader sense, this benefits a positive working atmosphere as it contributes to transparency and trust between the Employee and the Employer. This opinion has been adopted by the CLA consultation. The harmonization of employment conditions will be introduced in phases, starting with a change to the salary structure in this CLA and including the change mentioned in this section.

Definition of "child"

The Technical Committee recommended broadening the definition used in Collective Labor Agreements. This opinion has been adopted by the CLA consultation. This means that an adjustment will be made as follows: "because of a disability, continues to be part of the household of at least one of the two parents". With this, a Child is also considered a person who, due to a mental and/or physical disability and regardless of age, continues to live at home.

Regulations for re-grading positions in the FWG 3.0 system

Parties have adopted the Technical Committee’s opinion to include a procedure in the Collective Labor Agreement for the situation when a job no longer seems to describe the actual situation. This procedure provides when and how to arrive at an up-to-date description including an objection procedure with safeguards for the Employee.

Liability, property damage and compensation for use of private vehicle on on-call shifts

Article 3.11 (Property Damage) of the Collective Labor Agreement will provide that costs incurred as a result of damage to the Employee's (private) car when traveling from home to the work location after a call will be covered by the Employer's liability insurance.

ALL for 1 Union St. Eustatius and SUPLUA will discuss with the Employers of Saba and St. Eustatius a regulation that provides transportation or compensation for Employees who work on-call shifts and need to get to the work location within a short time frame. The arrangement will be developed and agreed upon by April 1, 2024 and will be effective January 1, 2024.

Adjustment to Section 3 BES Healthcare CLA

Labor conditions for Saba and St. Eustatius are listed separately in Section 3.

Objection to disciplinary measures

Article 9.3 of the Collective Labor Agreement shall be supplemented by the following paragraph: "The Employee may initiate an objection procedure against the imposition of any disciplinary penalty." The appeal procedure will be further specified in HR policy.

1.2.4. Theme: Collaboration

Consultation structure

The collaboration method between the parties will be laid down in a Consultation Protocol in order to arrive at a structured and annual consultation. The Parties have appointed the Technical Committee as a key advisory body. In addition, the Parties have agreed to set up an Interpretation Committee.

The Technical Committee shall be made up of a delegation of 6 members (with 6 alternate members) from Employers and Unions, in accordance with Annex 3. Employers jointly appoint three members and three alternate members. This also applies to the Unions.

The following topics are assigned to the Technical Committee for discussion, review and opinion at the joint CLA consultation (whereby the numbers refer to the numbering in the Covenant BES Healthcare 2024 - 2026 dated September 28, 2023):

• After agreement to the covenant, completion of the BES Healthcare CLA (see item 2)
• Further specifying the OVA assignment (see point 3)
• Absenteeism policy (see item 9)
• Preparation of the Consultation Protocol and finalization of the interpretation-committee regulations (see item 18)
• Review of the criteria for special leave (see item 15)
• Discussion of any loyalty regulation for those who are at the end of the scale (see item 5)
• Proposal for study facilities for Employees and development of a policy (see item 13)

The Interpretation Committee has a number of members equal to that of the Technical Committee. Members of the Technical Committee may also serve on the Interpretation Committee.

Contribution to the Union

In order to clarify the relationship among a Union Member, the Union and the Employer with respect to the payment of dues, the following text will be part of the Collective Labor Agreement:

The Employee may authorize the Employer in writing to withhold and forward membership dues to and from the Union. Termination of membership and consequently the membership dues must also be made by the Employee in writing to both the Employer and the Union. The Employee is responsible for observing the agreements made with the Union.

The Employer will execute such authorizations during the term of this Collective Labor Agreement. An authorization will not be executed retroactively.

Support to the BES Healthcare CLA

The Parties have agreed that FWG Progressional People will provide secretarial support to the parties to the BES CLA. This includes the periodic joint consultations, preparation and supervision of the Technical Committee meetings to ensure follow-up and implementation of the agreed CLA items.

The aforementioned agreements contained in the covenant have been incorporated into this Collective Labor Agreement.

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1.3. Definitions and scope of CLA

The CLA is an agreement that has been concluded between the Employers and the Unions. The CLA means that an Employer, who is party to this CLA, must apply the employment conditions laid down in this CLA to the employment contract (the "employment relationship") concluded between the Employer and the Employee. The Employee is defined as the Employee described in Section 2- Article 1 Definitions.

In addition, this Collective Labor Agreement sets forth the agreements reached between the Employers and the Unions.

Where the male form is used in the CLA, the female form applies as well.

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1.4. Type and structure of CLA

The provisions of this CLA are the standard type. This means that, unless otherwise provided in this CLA, the Employer is not permitted to deviate from the provisions of this CLA in the employment conditions with the Employee, except if no provisions have been made for such employment conditions in this CLA.

The CLA has three components.

Section 1 contains general agreements on the BES Healthcare CLA. These are particularly agreements that apply between the Employers and the Unions.

Section 2 contains the agreements that apply to all Employers and Employees who are subject to this Collective Labor Agreement.

Section 3 contains the agreements that apply specifically to the respective Employer and the Employees employed by such Employer. The agreements in Section 3 apply to this Employer in lieu of the agreements in Section 2 to the extent that such agreements differ from the provisions of Section 2 and/or to the extent that Section 2 contains no provisions for this.

These agreements are made and recorded at the organizational level in consultation between the relevant Union and the Employer and provided that a valid representation of the Union at this Employer is in place.

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1.5. Scope and legislation

This Collective Labor Agreement applies to the employment relationship between the Employer and the Employee referred to in Article 1 Definitions of Section 2.

The CLA is subject to BES legislation. If by or pursuant to statutory provisions, including (but not limited to) the BES Labor Act 2000 and the BES Civil Code, rules are or may be laid down, which allow no deviation, this CLA shall only apply if the CLA is not in conflict with these statutory provisions.

The Dutch version of the CLA is binding in case of translations of the CLA into other languages.

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1.6. Term, modification and termination

The Collective Labor Agreement takes effect January 1, 2024, and ends December 31, 2026.

In the event of compelling circumstances, including changes in laws and regulations, this Collective Labor Agreement may be amended in the interim with the parties’ consent.

The parties agree to initiate collective bargaining negotiations in 2026 for the succeeding period.

Without a written notification by registered letter or by bailiff’s writ of termination of this CLA or of any proposals for amendments of one or more provisions by one of the parties to the other party, no later than three months prior to the date on which this CLA ends, this CLA shall be deemed to be tacitly renewed for one year at a time.

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1.7. Opinions and Interpretation of the CLA

For the term of this CLA, the CLA Parties shall establish a Technical Committee to discuss, review and, if necessary, provide opinions on the subjects appointed by the CLA Parties.

CLA Parties shall also establish an Interpretation Committee having the task to determine the interpretation of CLA articles against the background of the negotiations conducted. Every CLA party is authorized to apply to the said relevant committee.

Composition, methods and powers of these committees are defined in regulations. These provisions are attached as Annex 0 to the CLA.

The CLA Parties have identified the following topics to be specified by the Technical Committee during the term of this CLA:

• Specification of the OVA assignment
• Absenteeism policy
• Preparation of the Consultation Protocol and finalization of the interpretation-committee regulations
• Review of the special-leave criteria
• Discussion of any loyalty regulation for those who are at the end of the scale
• Proposal for study facilities for Employees and development of a policy

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1.8. Text and information regarding the CLA

The Employee will be informed by the Employer of the rights and obligations arising from the Collective Labor Agreement or of any amendments to the Collective Labor Agreement. Upon commencement of employment, the Collective Labor Agreement will be provided to the Employee in a manner to be determined by the Employer.

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1.9. CLA Parties’ general obligation

CLA Parties undertake to comply with this CLA in good faith according to letter and spirit. They shall not, during the term of the CLA, directly or indirectly take or support any action which seeks to affect, disrupt or interfere in any way with this CLA, its spirit or the Employer's business operations. Each Union shall promote compliance with this Collective Labor Agreement by their members by all available means.

The CLA Parties undertake not to take or support any action aimed at making changes to the employment conditions provided for by this CLA in any way other than the respective provisions in article 1.6. 1.6 Section 1.

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^[2] Preliminary percentage known for the year 2024 on Sept. 27, 2023.