Saba Cares Foundation

Section 3 A - Chapter 2
Regulation regarding the employment contract

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A - 2.1. Working Hours

1. The provisions regarding Working Hours are applied in compliance with the 2000 BES Labor Law.

2. The standard allocation of Working Hours shall be arranged by the Employer in consultation with the Union.

3. For the Employee-Non-Schedule Worker, the Working Hours are preferably between 7:00 am and 6:00 pm on Mondays through Fridays.

4. For the Employee-Schedule Worker:

a. the Working Hours are established in accordance with a schedule;

b. the Working Hours may entirely or partly be covered by the Rest Hours of the Employee-Non-Schedule Worker;

c. the Working Hours are set in a schedule for the duration of 1 month.

d. the Employee shall be notified of this schedule at least 10 days in advance.

5. Shifts which include all or part of the hours between 7:00 pm and 7:00 am may be assigned only to Employees who are 18 years of age and older.

6. The services are as much as possible performed consecutively.

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A - 2.2. Schedule-free days / Rest day / free weekends

1. The Employee-Schedule Worker shall receive 1 Rest Day and 1 free part of the day before or after 1:00 pm for each consecutive seven-day period as referred to in Article 9, paragraph 2 under c of the 2000 BES Labor Law. In any event, the Employee shall receive one free weekend per month.

2. If, solely in the case of change of shift, the periods of time off shift referred to in the definitions cannot be met, this may be deviated from no more than twice in a 28-day period.

3. Changes to the Employee's existing normal schedule -not resulting from force majeure- will be communicated to the Employee at least 24 hours before such changes take effect.

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A - 2.3. Moved shifts

1. If, due to exceptional circumstances and incidentally, the interest of the shift so requires, the Employer, having heard the Employee, may:

a. deviate from the provisions of article A - 2.1 paragraph 4;

b. deviate from the provisions of article A - 2.1 paragraph 1;

c. make changes to an already established schedule.

2. If the Employer applies the provisions of paragraph 1 and modifies a schedule that was already established, the Employee shall receive compensation if he has already incurred expenses in respect of leisure activities.

3. If the Employer applies the provisions of paragraph 1 and, as a result, a shift is moved in a fixed schedule within 24 hours after the Employee has been notified, the Employee will - without prejudice to the provisions of paragraph 2 of this article - receive, in addition to the Hourly Wage for the hours of that moved shift, only an allowance as referred to in article 4.13 section 2.

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A - 2.4. Transfer

Transfer of duty takes place within working hours.

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A - 2.5. Breaks

1. If the shift permits, two coffee and tea breaks will be provided within each daily work period, i.e. once every morning, afternoon, evening or night.

2. Coffee and tea breaks of less than 15 minutes are considered working time. The time of coffee/tea breaks as well as lunch breaks cannot be saved as free time.

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A - 2.6. End of the employment contract

1. The employment contract ends:

a. by mutual agreement on the agreed date;

b. by operation of law by the expiration of the term or by termination of the work for which the agreement was entered into;

c. in the case of an agreement for a definite or indefinite period by notice of termination in compliance with the law and the provisions of article A - 2.7;

d. by termination for a compelling reason as referred to in Book 7A, Section 1615p and q BES Civil Code;

e. by dissolution by the court pursuant to Book 7A, Section 1615 w BES Civil Code;

f. by immediate termination during the probationary period as referred to in Book 7A, Section 1615n (1) BES Civil Code;

g. by operation of law when the Employee dies;

h. in case of failure to obtain a work and residence permit or a positive Certificate of Conduct;

i. in case of two years of Incapacity for Work, by termination in compliance with the law and the provisions of Article A - 2.7.

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A - 2.7. Termination

1. A fixed-term employment contract can only be terminated if the possibility of interim termination has been agreed upon.

2. The statutory notice periods apply in the event of termination of the employment contract, unless other notice periods have been expressly agreed upon or result from this Article. With respect to termination of an employment of an Employee over the age of 45, the Employer will add one week per year of employment to the statutory notice period up to a maximum of 13 weeks.

3. Termination of the employment contract must be done in writing.

4. If the Employee changes his mind after terminating his employment and notifies the Employer within 48 hours, his cancellation will be nullified.

5. Resignation will be effective from the first day of a calendar month, subject to differing provisions.

6. The Employer may only terminate the employment contract pursuant to Incapacity for Work after the Incapacity for Work has continued for two years.

7. If the permission referred to in Section 4 of the BES Termination of Employment Contracts Act or the assessment referred to in Section 5 of the aforementioned Act, respectively, is given, the notice period to be observed by the Employer shall be shortened by the period referred to in Section 4 and Section 5 of this Act, on the understanding that the remaining notice period shall be at least one Week.