Section 2 - Chapter 1
Definitions

Collective Labor Agreement ("CLA") refers to this agreement between the Employer and the Union and its annexes. In this Collective Labor Agreement, the terms below are defined as follows:

a. The Employer

The Employer(s) mentioned in Article 1.1 of Section 1, represented by the respective Board of Directors.

b. The Employee

A person who has entered into an employment contract^[3] with the Employer, unless that person:

a. has reached state pension age;

b. is employed occasionally during school vacations, for a period of up to 10 consecutive weeks (vacation worker);

c. employed to perform temporary activities on a project basis;

d. chairman of the Board of Directors, whereby chairman of the Board of Directors refers to a person who is charged with the policy preparation, and overall management of the Employer and is directly responsible to the Board of Directors for that purpose. The Employer shall determine who is the Chairman of the Board of Directors according to this definition;

e. works as an island physician (only applicable to Saba and St. Eustatius) and/or medical specialist.

f. is a (MBO) student who enters employment by virtue of a training and on the basis of a fixed-term apprenticeship contract, namely for the duration of the training. (Applies only to Fundashon Mariadal).

c. Relationship partner/child/family members

1. Relationship Partner refers to a registered partner, or a person with whom the Employee is cohabiting unmarried. Unmarried cohabitation exists if two unmarried persons maintain a joint household with the exception of blood relatives in the first or second degree. To prove this, the Employee must be able to provide the Employer with proof of registration in the population register.

2. Child(ren) refers to a minor person:

a. born from a female Employee or adopted by a female Employee in accordance with Book 1, Section 198 of the BES Civil Code;

b. born during the male Employee's marriage;

c. recognized by the male Employee;

d. for whose benefit letters of paternity have been granted with respect to the male Employee in the sense of Book 1, Section 199 of the BES Civil Code;

e. adopted by the male Employee in accordance with Book 1, Section 199 of the BES Civil Code;

f. who is not listed under the aforementioned paragraphs, but is considered a child of the male Employee in accordance with the BES Civil Code.

g. who is considered the Employee's stepchild;

h. who is considered a foster child of the Employee. Foster child in this Collective Labor Agreement refers to the child maintained and raised by the Employee as if he were his own child.

3. Child also refers to an Employee's adult child who remains in the household of at least one of the two parents because of a disability.

4. Family and Family Members refer to a Spouse, or Relationship Partner and/or Child for whom the Employee, together with the Spouse, or Relationship Partner, provides more than 90% of their support.

d. Salary

The gross basic monthly salary in USD applicable to the Employee, not including overtime pay, irregularity allowance, gratuities, etc.

e. Hourly Wage

Hourly Pay refers to 1/173.33 part of the Salary based on Full-time employment.

f. CLA Amounts

All amounts mentioned in the CLA are gross amounts in USD unless otherwise stated.

g. Incapacity for Work

The condition of an Employee who, as a result of illness, accident or otherwise, is unable to perform his normal work for a twenty-four-hour period or longer, or is not permitted to perform such work during such a time period, in order to permit a medically required examination or to prevent his healing from being impeded, or to prevent contamination of others.

h. Public Holidays

1. The Public Holidays listed in Article 23 of the 2000 BES Labor Law. These include: New Year's Day; Good Friday; Easter Sunday and Easter Monday; Ascension Day; Pentecost Sunday; Christmas Day and Boxing Day; the day on which the King's birthday is officially celebrated; Labor Day, i.e. the day on which it is celebrated; for the public entity of Saba and St. Eustatius the date that comes after the date of the Carnival parade; for the public entity of Bonaire the day on which the celebration of Dia di Rincon takes place; for the public entity of Bonaire the date of September 6, for the public entity of St. Eustatius the date November 16 and for the public entity of Saba the date of the first Friday of December.

2. If an amendment to the 2000 BES Labor Law with respect to Public Holidays takes place during the term of the CLA, the amended provision will apply.

i. Union

The Union(s) mentioned in Article 1.1 Section 1.

j. Calendar Year

The period from January 1 to December 31.

k. Parties

The Employers and the Unions listed in Article 1.1 Section 1.

l. Care Recipient

Where the Collective Labor Agreement refers to Care Recipient, this refers to patient and/or client and/or resident.

m. 2000 BES Labor Law^[4]

Formerly National Regulation of July 27, 2000, for the establishment of new rules regarding Working Hours, Working Times and Overtime. In the implementation of this CLA, the 2000 BES Labor Law applies to an Employee whose gross annual income is less than 260 times the daily wage as referred to in Article 3 of the 2000 BES Labor Law. For certain Employers, a deviating arrangement applies whereby the gross annual income limit is set at a higher level. Deviating regulations are, where applicable, included in Section 3.

n. Hours of Work

The number of hours the Employee works per Week or per day excluding Overtime.

o. Full-time Employment

Full-time employment applies when the Employee's Working Hours are 40 hours on average per Week.

p. Part-time Worker

A part-time worker is an Employee for whom the Working Hours are less than 40 hours per Week on average.

q. Working Time

The times during which the Employee performs work.

r. Working Hours

The times of commencement and termination of work.

s. Rest Day:

Sunday or the day which, for Employees who perform Scheduled work on Sundays, replaces Sunday according to his work schedule.

t. Rest Periods

The time during which the Employee is prohibited from performing work, other than by way of Overtime, within the meaning of Article 9 of the 2000 BES Labor Act. The group of Employees to which this definition applies varies by Employer and is further specified in Section 3.

u. Scheduled Work

Work, other than Overtime, performed by an Employee according to a periodic schedule at different times, required in view of the nature of the business, as a result of which all or part of the Working Hours fall within the Employee-Non-Schedule Worker's Rest Period.

v. Employee-Schedule Worker

An Employee who performs Scheduled Work.

w. Employee-Non-Schedule Worker

The Employee who does not perform Scheduled Work.

x. Week

A period of seven consecutive days.

y. Overtime

The Employee’s work, performed during the Employee's applicable Rest Period, and work that, with respect to the Employee, exceeds the maximum Working Hours based on the 2000 BES Labor Law, per day or per Week. Overtime only applies when the Employer has given an instruction for Overtime work in advance. The group of Employees to whom Overtime applies varies by Employer and is further specified in Section 3.

z. Paid Special Leave

For the purposes of this Collective Labor Agreement, paid special leave means the number of hours to be taken by the Employee under this Collective Labor Agreement during which work is normally required to be performed, however, no work needs to be performed because of leave approved by the Employer. These hours are included in the determination of the total Hours of Work.

aa. Unpaid leave

In this Collective Labor Agreement, unpaid leave means the right to time off from any shift. Unpaid leave granted under this regulation shall be disregarded in determining the total Hours of Work. During the period of unpaid leave, no work shall be performed at the Employee's request and therefore no wages shall be paid, no vacation hours/rights shall accrue, and no health insurance premiums and/or other contributions shall be paid.

bb. ZJCN

Zorg en Jeugd Caribisch Nederland.

Section 3 contains additional definitions that apply between the Employer and the Employee.

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^[3] An intern has no employment contract with the Employer and is therefore not an Employee as referred to in subsection b. if the work performed by the intern is primarily aimed at increasing the intern's own knowledge and gaining work experience.

^[4] A current version of the legal text is published at www.overheid.nl.