Section 2 - Chapter 2
Employment contract regulation

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2.1. Employment Contract

1. The employment contract is entered into in accordance with Book 7A of the BES Civil Code. It is basically a fixed-term employment contract. The formation planning, assessment and work attitude of the Employee are some of the aspects that determine whether the employment will be continued subsequently and whether the Employee will be offered an employment contract for an indefinite period of time.

2. The Employee will be issued a copy of this Collective Labor Agreement upon employment.

3. The first two months of employment apply as probationary period, as referred to in Book 7A, 1615n of the BES Civil Code, unless a shorter period is agreed upon.

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2.2. End of employment contract

1. The employment contract may end in accordance with the provisions of Book 7A of the BES Civil Code, and/or BES Termination of Employment Contracts Act, or by mutual agreement.

2. The employment contract also ends on the first day following the month in which the Employee reaches the state-pension age.

3. The Employers located on Saba and St. Eustatius and their Employees are subject to the additional provisions listed in Section 3 under A-2.7 and B-2.2.

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2.3. Part-time work

A Part-time Worker works on average fewer hours per Week than the full-time Working Hours. In that case, the Employee shall be entitled to a Salary, vacation leave and pension accrual on a pro-rata basis. This list is not exhaustive. If the Employee chooses to work less than full-time this will be supported by the Employer to the best of the Employer's ability where permitted by the Employer’s business operations.

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2.4. Working Hours

1. The Employer shall determine the Working Hours, service hours and office hours. In doing so, the various interests are taken into account, with continuity of care and business operations taking precedence.

2. The Employer adopts the rules relating to Working Hours in its own regulations, in the HR manual or in the scheduling policy or Working Hours policy.

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

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2.5. Compensation for Public Holidays

1. On Public Holidays which do not fall on a Saturday or Sunday, a Schedule Worker who is not scheduled to work on this Public Holiday shall be entitled to take this scheduled day of rest on another day with retention of Salary. The Employee shall not lose a vacation day.

2. A Schedule Worker who works on a Public Holiday in accordance with his schedule will receive, in addition to the normal Hourly Rate for the number of hours worked, a compensation bonus of 150% of the Hourly Rate. Any other (statutory or contractual) entitlements to compensation for performing work on a Public Holiday shall lapse, or at least be deemed to be included.

3. This is without prejudice to rest times for Schedule Workers, as referred to under Definitions article 1 sub s of Section 2.