Article 3.1 General provisions
- The employer pays the salary, allowances and payments for extra services on a monthly basis.
- When the salary, an allowance, as referred to in articles 3.8, holiday pay or year-end bonus needs to be calculated over a part of a calendar month, the sum will be determined per day by dividing the monthly sum by the number of days of the relevant calendar month.
- The first and second paragraphs may be varied, if the employer believes that particular circumstances give rise thereto.
- The employee will receive no remuneration for the time during which he, contrary to his obligations, intentionally neglects to fulfil his function.
- The employer can suspend the employee for a maximum of 10 days as a disciplinary measure without retention of salary if the employee, in the opinion of the employer, behaves repeatedly or seriously culpably.
- Every year in May, employees are entitled to pay of 8% of their remuneration. The accrual for a full working week is at least the statutory minimum holiday pay per month. Upon termination of the employment the holiday pay accrued until termination will be paid with the last salary payment.
- Every year in December, employees are entitled to a year-end bonus of 8.33% of their received pay. For employment for part of the year and for part-time employment, the year-end bonus is adjusted in proportion (monthly accrual). If the employment ends during the year, payment will be made in the last month of the employment.
Article 3.2 Salary scale and job classification
- The employer determines the salary scale that applies to the employees on the basis of the nature and level of the employees’ work.
- The employer determines the nature and level of an employee’s function within the organisation in accordance with the salary tables specified in appendix 1. This occurs on the basis of the job level matrix for the research institutes.
- To employees who temporarily replace and perform other work, the last applicable salary scale will remain in force, without prejudice to the provision in article 3.7, paragraph 2.
Article 3.3 Salary classification
- Upon employment, a salary is agreed in the scale corresponding to the employee’s position
- In derogation of the previous paragraph, a salary in the nearest lower salary scale (start-up scale) can be agreed if the employee has not yet fully fulfilled the position.
- The preliminary salary scale is the immediately lower salary scale and only applies for the limited period during which the employee is considered to be able to meet all the requirements necessary for the position.
- As soon as an assessment shows that the employee meets all the requirements necessary for the position, the employee will be classified in the salary scale appropriate to the position.
- If the employee does not meet all the job requirements six months before the maximum period of two years expires, the employer shall invite the employee to explore other career prospects within the organisation or elsewhere.
- Employees in the category of “persons with an occupational impairment”, as referred to in the Act, are classified in salary scale 1, step 0 or in the salary scale and on the salary step that correspond with the work that these employees will perform.
Article 3.4 Salary increments
- The employee’s salary is raised to the next sum in the salary scale, if, in the employer’s opinion, the employee performs their function properly.
- The employee’s salary can be raised to a higher sum specified in the salary scale, if in the employer’s opinion the employee is delivering good or first-rate work.
- If the employer is of the opinion that the employee fails to perform their work properly, the salary increase will not take place.
- The salary increase as referred to in the first and second paragraphs, is given when the employee has not yet reached the maximum level of salary in his current salary scale; the first raise is given one year after entry into employment, and then each year.
Article 3.5 Derogations of articles 3.1-3.4
In special cases the employer can make arrangement to supplement articles 3.1 through 3.4 or derogate from them in the employee’s favour.
Article 3.6 (Long-service) bonuses
- The employee is entitled to a long-service bonus after 25 and 40 years of service. This bonus is at least 50% of the salary including holiday pay. The employer shall make a long service bonus regulation.
- The employee may be granted a bonus and/or extra leave for special achievements on or other grounds. The employer shall lay down further rules to this end.
Article 3.7 Allowances
The employer may grant the employee one or more allowances. Where necessary, this article outlines the conditions for the granting of an allowance.
1. Performance allowance:
a. For what the employer considers excellent performance of work.
b. Only if the employee has reached the maximum salary in their salary scale.
c. No more than 15% of the employee’s current maximum salary.
d. For the period of one year.
e. For a longer period, if there are exceptional circumstances.
2. Substitution allowance:
a. For substitution for more than one month for a position in a higher salary scale.
b. For the duration of the substitution.
c. At least two but no more than four increments.
3. Allowance for irregular work:
a. For employees whose maximum salary scale is 10.
b. For employees whose employer requires them to perform work at non-regular working hours.
c. For work other than for overtime.
4. Allowance for stand-by and on-call duties:
a. For employees whose maximum salary scale is 10.
b. For employees who in accordance with their employer’s written instruction are required to be stand-by or on-call for work at non-regular working hours.
c. For work other than for overtime.
5. Recruitment and retention allowance:
The employer can grant the employee an allowance for reasons of recruitment or retention.
6. Allowances on other grounds:
In special cases the employer may grant an allowance to an employee or to a group of employees on grounds other than those specified in this article.
7. The employer may make rules that supplement or derogate from this article if these rules benefit the employee.
Article 3.8 Termination of allowances and decrease of the allowance for irregular work
- The employer may terminate a granted allowance, if the grounds for the allowance no longer exist
- The allowance for irregular work is only decreased
a. if during a period of two years, an employee has received this allowance for more than two months uninterrupted and
b. the permanent decrease is at least 3% of their salary and performance allowance and/or allowances on other grounds.
This paragraph applies to permanent and decreasing allowances for irregular work that are or have been granted after 28 February 2001.
Article 3.9 Overtime pay
- The employer shall grant overtime pay to the employee whose maximum salary scale is 10. This article does not apply to the employee as referred to in chapter 9.
- Overtime is considered to the number of working hours in excess of the full working week or the number of working hours for work on Saturdays, Sundays and holidays or the number of working hours for work between 06.00 pm and 07.00 am.]
- The payment for overtime consists of
a. leave, equal to the number of working hours in excess of the full working work and
b. a percentage of the employee’s current hourly salary per hour including holiday pay and year-end bonus for each hour of overtime, in accordance with the table below.
- If the employer believes that leave is incompatible with operational interests, then instead of leave, a sum of money is granted for each hour equal to the employee’s current hourly salary including holiday pay and year-end bonus.
- To employees who are in different salary scales and are assigned to perform the same work as referred to in the first paragraph, the employer may, in derogation of the first through the fourth paragraphs, grant all employees an equal allowance.
- The employer may make rules that supplement or derogate from this article if these rules benefit the employee.
Article 3.10 Remuneration and payment in case of death and missing persons
- Remuneration will be paid until and including the day of death.
- As soon as possible after the employee’s death, the life partner will receive a sum, equal to three months’ remuneration, vacation pay and year-end bonus that the employee was entitled to prior to his death. If the deceased does not leave behind a widow or widower, payment will be made to the employee’s minor legal, legitimised or legally acknowledged natural, adoptive or foster children. If there are no such children, then payment will be made to parents, brothers or sisters or children of age, provided that the deceased was their breadwinner.
- The first through third paragraph will apply mutatis mutandis in cases in which the employee has gone missing, unless there are good reasons to believe that the employee is unjustifiably absent without good cause. The employer shall determine the time at which the employee went missing. Until such time remuneration will continue. In case of unjustifiable absence, that portion which was unduly paid will be reclaimed.
Article 3.11 Rules for other reimbursements and allowances
The employer shall make rules concerning payment or allowances for:
a. Travel and accommodation expenses incurred for business travel at the employer’s behest
b. Necessary commuting fares within the Netherlands
c. Expenses incurred for time- and location-independent work, including expenses incurred for the use of telecommunications devices
d. Expenses of a meals enjoyed in overtime at the employer’s behest
e. Expenses of relocations to and from other countries
f. Expenses related to the printing of a dissertation
g. Other expenses considered necessary by the employer.