
<ul class="table_of_contents">
<li><a href="#definitions-and-abbreviations"><span class="nav-article-title">Article 1.1</span> <span class="nav-article-label">Definitions and abbreviations</span></a></li>



<li><a href="#scope"><span class="nav-article-title">Article 1.2</span> <span class="nav-article-label">Scope</span></a></li>



<li><a href="#character-of-the-cao-and-application"><span class="nav-article-title">Article 1.3</span> <span class="nav-article-label">Character of the CAO and application</span></a></li>



<li><a href="#publication"><span class="nav-article-title">Article 1.4</span> <span class="nav-article-label">Publication</span></a></li>



<li><a href="#interim-changes"><span class="nav-article-title">Article 1.5</span> <span class="nav-article-label">Interim changes</span></a></li>



<li><a href="#duration-and-expiry-of-the-cao"><span class="nav-article-title">Article 1.6</span> <span class="nav-article-label">Duration and expiry of the CAO</span></a></li>
</ul>



<article id="definitions-and-abbreviations" class="wp-block-group has-global-padding is-layout-constrained wp-block-group-is-layout-constrained">
<h2 class="wp-block-heading">Article 1.1 | Definitions and abbreviations</h2>



<figure class="wp-block-table def-table"><table><tbody><tr><td>activities</td><td>The activities agreed on between employer and employee.</td></tr><tr><td>atv</td><td>Reduction in working hours (atv) is allocated in the case of a 40-hour working week. In the case of a full-time contract of employment, 12 atv days (96 hours) are allocated per year. The atv days allocated are reduced proportionately for a part-time contract of employment. In the case of a contract of employment of 0.5 FTE, for example, 6 atv days/48 hours are allocated.</td></tr><tr><td>break</td><td>A period of at least 15 consecutive minutes, in which the shift work is interrupted and the employee has no obligations regarding the stipulated work (ATW).</td></tr><tr><td>cabaret</td><td>A literary-musical form of entertainment, in which humour and satire play a central role and in which songs, sketches and monologues alternate with one another. Cabaret is performed by smaller companies, ensembles or solo cabaret artists. This genre is not covered by the scope of this CAO.</td></tr><tr><td>circus</td><td>An amusing performance in which a variety of artists perform their tricks and acrobatic skills, usually performed to musical accompaniment in a circus tent or building. This genre is not covered by the scope of this CAO.</td></tr><tr><td>company location</td><td>The place(s) where the employer is based and where the employee works.</td></tr><tr><td>contract of employment</td><td>The agreement concluded between employer and employee as specified in Art. 7:610 of the Civil Code.</td></tr><tr><td>dance</td><td><br>See drama and/or dance.<br></td></tr><tr><td>day contract</td><td>A contract of employment for the limited period of one day, intended in principle for performing artists who receive a contract for a single (unexpected) performance and/or rehearsal day. This may concern a rehearsal and/or performance (possibly an extra one) that takes place outside a contract or performance period, or a situation in which a performer has to unexpectedly stand in for someone else.<br>The remuneration for a day contract is 1/20 of a monthly salary for a morning or afternoon rehearsal and 1/10 of a monthly salary for a rehearsal in both the morning and afternoon and/or a performance.</td></tr><tr><td>day off</td><td>An unbroken period of 24 hours in which no work is carried out, such as a free day, weekend, holiday, public holiday or atv day. These days may not coincide, unless a public holiday falls on a weekend. The day off begins after the rest period following the shift prior to the day off.</td></tr><tr><td>drama and/or dance</td><td>Drama and/or dance in the broadest sense of the terms, with or without music and/or text, for all age and audience groups, on stage or on location. Drama and/or dance can include elements from other arts and performing arts disciplines. Exceptions are productions that consist only or mainly of music, opera, operetta, musical, cabaret, puppetry and/or circus.</td></tr><tr><td>employee</td><td>Employees covered by this CAO include:<br>Any natural person who has a contract of employment with an employer as defined in this CAO, with the exception of:<br>&#8211; employees of DNO&amp;B who are not part of the department Dutch National Ballet, and to whom the Dutch National Opera &amp; Ballet CAO applies on the basis of their contract of employment;<br>&#8211; employees who have not yet reached the age of 15 and employees who have reached the retirement age stated in Article 7a paragraph 1 of the Old Age Pensions Act (AOW);<br>&#8211; employees who are already obliged to participate in another company pension fund or occupational pension scheme, by any order pursuant to Article 2 of the Act on Compulsory Participation in an Industry-wide Pension Fund 2000 (Stb. 2000, 628) or pursuant to Article 3 of the Mandatory Occupational Pension Scheme Act (Stb. 2005, 526), as stated by the order on the date on which employees from the relevant category of organisation are obliged to participate in the fund;<br>&#8211; employees who are following a daytime course and who only work during their school or study holidays for a period of a maximum of 6 consecutive weeks and for a total of no more than 60 days per calendar year;<br>&#8211; employees who can be regarded as director-major shareholder as specified in the Regulations for specifying director-major shareholders 2016 (in force from 1 January 2016, Stcrt.2015,19073.</td></tr><tr><td>employee participation body</td><td>Representation of the personnel, such as a works council (OR), staff representation or staff meeting.</td></tr><tr><td>employees’ organisation</td><td>Kunstenbond/Arts Union</td></tr><tr><td>employer</td><td>Employers covered by this CAO include:<br>1. Any legal entity, who:<br>&#8211; produces and/or performs only or mainly drama and/or dance, measured by at least 50% of the wage bill of the organisation, and who<br>&#8211; for this purpose employs one or more employee(s) on the basis of a contract of employment, as defined in this CAO, and who<br>&#8211; produces drama and/or dance on the basis of continuity, by presenting or reviving at least one drama and/or dance production per year or per season. In addition, the total period in which this production/these productions are prepared, rehearsed and/or performed lasts at least 6 months.<br>2. Dutch National Opera &amp; Ballet (DNO&amp;B), department Dutch National Ballet, based in Amsterdam; Oorkaan, youth music company, based in Amsterdam.</td></tr><tr><td>employers’ organisation</td><td>Nederlandse Associatie voor Podiumkunsten (NAPK)/Dutch Association of Performing Arts</td></tr><tr><td>GDPR</td><td>General Data Protection Regulation</td></tr><tr><td>gross hourly wage</td><td>In the case of a 40-hour working week, the gross hourly wage is 1/174 of the gross monthly salary.<br>In the case of a 38-hour working week, the gross hourly wage is 1/165 of the gross monthly salary.</td></tr><tr><td>holiday worker</td><td>Pupil or student who works during holidays for a maximum of eight weeks per year.</td></tr><tr><td>journey time</td><td>Shift journey time in the Netherlands and/or abroad, on authority of the employer, and which therefore counts as part of the 1720 available hours on an annual basis. This does not include commuting time.</td></tr><tr><td>music</td><td>The art of combining vocal and/or instrumental sounds within a certain time frame, with the aim of conveying emotions, moods (secular or religious), ideas or abstract sounds. This genre is not covered by the scope of this CAO.<br></td></tr><tr><td>musical</td><td>A music and drama work with singing, dance and spoken dialogue, usually accompanied by an orchestra or music ensemble. Also an abbreviation of ‘musical comedy’: a comedy with numbers for orchestra, chorus and soloist singers, and dances and sketches, in a clear storyline. This genre is not covered by the scope of this CAO.</td></tr><tr><td>night shift</td><td>A shift in which more than one hour of work is carried out between 00.00 and 06.00.<br>A shift in which at least one hour of work is carried out for the employer between 01.00 and 07.00. The period of work does not include travelling time.</td></tr><tr><td>opera</td><td>A music and drama theatre work, in which all the words are sung and the acting is done through singing, usually accompanied by music played by an orchestra or music ensemble. This genre is not covered by the scope of this CAO.</td></tr><tr><td>operetta</td><td>A music and drama theatre work that is usually light-hearted, with singing, spoken dialogue and often divertissements in the form of dance scenes, usually accompanied by music played by an orchestra or music ensemble. Forerunner of the musical. This genre is not covered by the scope of this CAO.</td></tr><tr><td>other personnel</td><td>Personnel with a generally regular pattern of work on working days from Monday to Friday, which is covered by the standard provisions of the Working Hours Act (ATW). This includes the secretarial and administrative office staff.</td></tr><tr><td>partner</td><td>The person to whom the employee is married or with whom a registered partnership has been entered into, or else the person with whom the employee has had a joint household for at least six months according to a notarial cohabitation contract, or for at least five years according to another proof of cohabitation acceptable to the employer.</td></tr><tr><td>performance-related personnel</td><td>Personnel directly involved in the performance, to whom the Working Hours Decree (ATB) applies in addition to the Working Hours Act (ATW). This includes technicians, rehearsal directors, directors, ballet masters, production and tour managers, stage managers, dressers, and hair and make-up artists.</td></tr><tr><td>performing</td><td>Someone performing as an actor, dancer, musician/singer, cabaret artist, mime artist, acrobat or other type of artist or multidisciplinary artist.</td></tr><tr><td>puppetry</td><td>A theatre form in which performers are disguised as a puppet or in which characters are suggested through puppets manipulated by hand. Different sorts of puppets are used for this, such as hand puppets and wajang puppets, as well as marionettes that are manipulated by strings from above or by rods from below. This genre is not covered by the scope of this CAO.</td></tr><tr><td>rest period</td><td>The hours that are not working hours and which do not coincide with a free day.</td></tr><tr><td>salary</td><td>The gross monthly wage, subject to the salary scheme in this CAO, agreed on between employer and employee, excluding the allowances mentioned in this CAO and excluding the holiday bonus and other allowances and bonuses.</td></tr><tr><td>season</td><td>The period from 1 August to 31 July of the following year, or a period set by individual employers of twelve months from the end of the summer holiday of one year to the end of the summer holiday of the following year.</td></tr><tr><td>shift</td><td>An unbroken period in which work is carried out and which comes between two consecutive unbroken rest periods of at least 8 hours (ATW). A shift lasts for at least 4 hours, except when the shift concerns only the travel time to a performance venue where the work begins the following day.</td></tr><tr><td>social commission</td><td>Equal representation committee whose members are nominated by the social partners and whose task is to judge on the interpretation of CAO provisions, to advise on disputes and to decide on exemption requests.</td></tr><tr><td>trainee</td><td>Student who is in temporary employment with the employer on the basis of their school programme, under the supervision of that school and of the employer. This CAO includes provisions about the minimum traineeship fee, the traineeship policy and a model traineeship contract. The other CAO provisions are not applicable to trainees, as they are not employees, and as such are not covered by the scope of the CAO.</td></tr><tr><td>WagwEU</td><td>Employment Conditions (Posted Workers in the European Union) Act</td></tr><tr><td>WAZO</td><td>Work and Care Act</td></tr><tr><td>WNR</td><td>Neighbouring Rights Act</td></tr><tr><td>week/working week</td><td>An unbroken period of 7 x 24 hours in which work is carried out in accordance with the shift timetable that has been set.</td></tr><tr><td>working day</td><td>A day on which work is carried out in accordance with the scheduled shift (see definition of shift).</td></tr><tr><td>working hours</td><td>The hours in which work is carried out for the employer (ATW).</td></tr><tr><td>working week</td><td>Each organisation opts for:<br>a 40-hour working week whereby atv days are allocated. OR<br>a 38-hour working week whereby no atv days are allocated.</td></tr><tr><td>werknemersorganisatie</td><td>Kunstenbond</td></tr><tr><td>zzp’er</td><td>Self-employed person without personnel (zzp’er), who is placed in a position covered by this CAO on the basis of a commission contract, in connection with occasional work and/or very short-term work and/or work for which special competencies are required, and whereby the work situation is almost the same as that of an employee.<br>This CAO includes some provisions that state explicitly that they relate to zzp’ers. The other CAO provisions do not apply to zzp’ers.</td></tr></tbody></table></figure>
</article>



<article id="scope" class="wp-block-group has-global-padding is-layout-constrained wp-block-group-is-layout-constrained">
<h2 class="wp-block-heading">Article 1.2 | Scope</h2>



<ol>
<li>This CAO is intended for the sector drama and/or dance, as referred to in Article 1.1.</li>



<li>This CAO is applicable to the contracts of employment between the employer and the employee as referred to in Article 1.1. The CAO is also applicable to a limited extent to commission contracts between the employer/commissioning body and the zzp’er as referred to in Article 1.1. This means that only those provisions that explicitly state in the text that they apply to zzp’ers are applicable to zzp’ers. None of the other CAO provisions are applicable to zzp’ers.</li>



<li>In accordance with the WagwEU, the key provisions of this CAO stated in appendix 11 are also applicable to employees made available for temporary work in the Netherlands, whose contract of employment is governed by the law of a country other than the Netherlands. In this respect, an employee who is made available is understood to mean any (foreign) employee who works in the Netherlands for a certain period, while this is not the country where that employee usually works.</li>



<li>In accordance with Article 2a paragraph 4 of the Dutch Collective Agreements Binding and Non-Binding Provisions Act (Wet Avv), the employer abroad guarantees his posted workers, from the thirteenth month when the posting lasts more than twelve months, all the binding provisions set out in the collective labour agreement that is applicable pursuant to the first paragraph of the Wet Avv. Exceptions to this are the provisions concerning procedures, formalities and conditions for the conclusion and termination of the contract of employment and those concerning supplementary company pension schemes.</li>
</ol>
</article>



<article id="character-of-the-cao-and-application" class="wp-block-group has-global-padding is-layout-constrained wp-block-group-is-layout-constrained">
<h2 class="wp-block-heading">Article 1.3 | Character of the CAO and application</h2>



<div class="wp-block-group explanation_anchor has-global-padding is-layout-constrained wp-block-group-is-layout-constrained">
<ol>
<li>This CAO is a minimum CAO. The individual employer is free to make agreements that deviate from the CAO to the benefit of the (individual) employee.</li>



<li>This CAO does not alter rights conferred individually insofar as they exceed the rights laid down in this CAO and insofar as they were recorded in writing in the individual contract of employment before the date of commencement of this CAO.</li>



<li>The provisions in the CAO are based on a full-time contract of employment. This means that in the case of a part-time contract of employment, the CAO provisions must be applied pro rata, unless stipulated otherwise.</li>



<li>Where the CAO refers to laws and regulations, the most recent laws and regulations in force will always apply</li>



<li>Appendices I to 11 are part of this CAO.</li>
</ol>
</div>
</article>



<article id="publication" class="wp-block-group has-global-padding is-layout-constrained wp-block-group-is-layout-constrained">
<h2 class="wp-block-heading">Article 1.4 | Publication</h2>



<div class="wp-block-group explanation_anchor has-global-padding is-layout-constrained wp-block-group-is-layout-constrained">
<ol>
<li>The employer informs the employee of the contents of the CAO by sending the employee the complete digital CAO and appendices, or by sending a link to them.</li>



<li>During a job application procedure, the employer informs the selected final candidates of the contents of the CAO by sending the employee the complete digital CAO and appendices, or by sending a link to them.</li>



<li>An English translation of this CAO is available, a digital version of which can be consulted. Only the Dutch-language version will be legally binding.</li>
</ol>
</div>
</article>



<article id="interim-changes" class="wp-block-group has-global-padding is-layout-constrained wp-block-group-is-layout-constrained">
<h2 class="wp-block-heading">Article 1.5 | Interim changes</h2>



<div class="wp-block-group explanation_anchor has-global-padding is-layout-constrained wp-block-group-is-layout-constrained">
<ol>
<li>If drastic changes take place in the general socio-economic relations in the Netherlands or in the social insurance system, parties are entitled to propose and agree changes to the provisions of this CAO, including the salary regulations and pension scheme, also within the duration of this CAO.</li>



<li>If no agreement is reached on the changes referred to in section 1 within two months after they have been presented to the other CAO party by registered post, the party that has made the proposal is entitled to terminate this CAO at one month&#8217;s notice by means of a registered letter to the other party.</li>
</ol>
</div>
</article>



<article id="duration-and-expiry-of-the-cao" class="wp-block-group has-global-padding is-layout-constrained wp-block-group-is-layout-constrained">
<h2 class="wp-block-heading">Article 1.6 | Duration and expiry of the CAO</h2>



<div class="wp-block-group explanation_anchor has-global-padding is-layout-constrained wp-block-group-is-layout-constrained">
<ol>
<li>This CAO comes into force on 1 January 2024 and is valid until 31 December 2024.</li>



<li>If neither party has stated in writing at least three months before the expiry date of this agreement that it wishes to terminate the present agreement, it will be assumed to be extended for another year.</li>



<li>Termination by one of the parties must be carried out by registered post addressed to the other party.</li>
</ol>
</div>
</article>


Chapter 1 Chapter 1 General


<ul class="table_of_contents">
<li><a href="#concluding-a-contract-of-employment"><span class="nav-article-title">Article 2.1</span> <span class="nav-article-label">Concluding a contract of employment</span></a></li>



<li><a href="#trial-period"><span class="nav-article-title">Article 2.2</span> <span class="nav-article-label">Trial period</span></a></li>



<li><a href="#contracts-of-employment"><span class="nav-article-title">Article 2.3</span> <span class="nav-article-label">Contracts of employment</span></a></li>



<li><a href="#on-call-contracts"><span class="nav-article-title">Article 2.4</span> <span class="nav-article-label">On-call contracts</span></a></li>



<li><a href="#medical-examination-prior-to-commencing-employment"><span class="nav-article-title">Article 2.5</span> <span class="nav-article-label">Medical examination prior to commencing employment</span></a></li>



<li><a href="#medical-examination-during-employment"><span class="nav-article-title">Article 2.6</span> <span class="nav-article-label">Medical examination during employment</span></a></li>



<li><a href="#termination-of-employment"><span class="nav-article-title">Article 2.7</span> <span class="nav-article-label">Termination of employment </span></a></li>
</ul>



<article id="concluding-a-contract-of-employment" class="wp-block-group has-global-padding is-layout-constrained wp-block-group-is-layout-constrained">
<h2 class="wp-block-heading">Article 2.1 | Concluding a contract of employment</h2>



<ol>
<li>If there is a case of work that, in view of its nature and the circumstances in which it is carried out, requires employment in accordance with the laws and regulations, then the employer must offer a contract of employment to those carrying out this work.</li>



<li>The contract of employment is concluded in writing in duplicate in Dutch and signed by the employer and the employee. Any translation into English or another language will not be legally binding.</li>



<li>If the contract of employment is initially concluded by verbal agreement, the employer will confirm this in writing within two weeks. This written confirmation will include at least the nature of the work, the salary, the period in which the work is to be carried out and the minimum number of hours to be worked or FTE. Before commencing employment, the employer will offer the employee a written contract of employment, which will include at least the following points:
<ol style="list-style-type:lower-alpha">
<li>employer’s name, address and registered office;</li>



<li>employee’s personal details and address;</li>



<li>employee’s job title and/or nature of the activities;</li>



<li>place(s) where the activities are carried out;</li>



<li>date of commencement of employment;</li>



<li>nature of the contract of employment (definite or indefinite period, on-call or payroll contract);</li>



<li>duration of the contract of employment, period of notice and associated procedure requirements;</li>



<li>trial period, if applicable, referring to the relevant provisions in this CAO;</li>



<li>scope of the employment, expressed in hours per week and/or part-time percentage or FTE;</li>



<li>agreements about overtime and compensation for overtime;</li>



<li>working hours and how many hours are worked on which days of the week, stating that agreements about deviations from this must be agreed in writing;</li>



<li>number of days’ holiday and atv days, and any other paid leave;</li>



<li>amount of starting salary (gross monthly wage), stating all wage components, deductions, salary scale, and method and date of payment;</li>



<li>8% holiday bonus and date of payment;</li>



<li>participation in the PFZW pension scheme;</li>



<li>a provision about permission for and use of personal details in accordance with the GPDR;</li>



<li>a provision about behaviour/social safety, with a reference to the<br>     organisational policy in this regard;</li>



<li>a declaration that the employee has taken cognizance of the content of the relevant CAO(s) and any company regulations and is in agreement with them.</li>
</ol>
</li>
</ol>
</article>



<article class="wp-block-group has-global-padding is-layout-constrained wp-block-group-is-layout-constrained">
<article id="trial-period" class="wp-block-group has-global-padding is-layout-constrained wp-block-group-is-layout-constrained">
<h2 class="wp-block-heading" id="proeftijd">Article 2.2 | Trial period</h2>



<ol>
<li>An agreement about a trial period must always be included in writing in the employee’s individual contract of employment, otherwise the agreement will not be valid.</li>



<li>In a contract of employment for a period of six months or less, no trial period can be agreed.</li>



<li>In a contract of employment for a definite period of longer than six months, or one for an indefinite period, a trial period of a maximum of two months can be agreed.<br><br></li>
</ol>
</article>
</article>



<article id="contracts-of-employment" class="wp-block-group has-global-padding is-layout-constrained wp-block-group-is-layout-constrained">
<h2 class="wp-block-heading" id="arbeidsovereenkomsten">Article 2.3 | Contracts of employment</h2>



<ol>
<li>The artistic (supporting) jobs of actor, dancer, ballet master, rehearsal director, stage director, scenographer, designer (lighting, sound, video), composer, musician/singer, choreographer, children’s supervisor and dramaturge, as well as the production and performance-related jobs of production director, production assistant, theatre technician (assistant stage manager), surtitler/subtitler, prompter, extra, costume, wigs, make-up or scenery assistant, tour supervisor, education assistant and all assistants to the aforementioned jobs, are excluded from the statutory Chain Provision by Ministerial Order. A contract of employment for an indefinite period will apply to these jobs if more than 15 contracts of employment have been concluded between employer and employee and/or if several contracts of employment together exceed a period of 48 months. In order to break this chain of contracts of employment, there must be an interval of more than 3 months.</li>



<li>The statutory chain provision is applicable to all other jobs not stated in section 1 of this Article. This means that a contract of employment for an indefinite period will apply if more than 3 contracts of employment have been concluded between employer and employee and/or if several contracts of employment together exceed a period of 36 months. In order to break this chain of contracts of employment, there must be an interval of more than 6 months.</li>



<li>If the rehearsal and/or performance dates of a production do not form a consecutive contract period and the activities take place on separate days and/or in clusters of a few days with gaps between them over longer periods, employees with a performance-related job will be compensated for this gap by the employer’s offer of weekly or monthly contracts with a higher part-time factor than the equivalent of the actual scope of employment. This provision is valid from 1 January to 31 December 2022 as a recommendation. From 1 January 2023, this provision will be binding. See appendix 3 for further details and a guideline.</li>
</ol>
</article>



<article id="on-call-contracts" class="wp-block-group has-global-padding is-layout-constrained wp-block-group-is-layout-constrained">
<h2 class="wp-block-heading">Article 2.4 | On-call contracts</h2>



<p></p>



<ol>
<li>If possible, the employer will call up the employee at least four days beforehand. If necessary, this call-up term can be reduced to at least 24 hours beforehand. The employee is not obliged to comply with a call-up.</li>



<li>If a call-up is retracted less than 48 hours beforehand, the employee retains the right to 50% of the salary for the period for which they were called up. If a call-up is retracted less than 24 hours beforehand, the employee retains the right to 100% of the salary for the period for which they were called up.</li>



<li>When an on-call contract has lasted for a year, the employer must offer the employee a contract of employment for the average number of hours worked by the employee over the past year.</li>



<li>The minimum duration of a call-up is three hours.</li>
</ol>
</article>



<article id="medical-examination-prior-to-commencing-employment" class="wp-block-group has-global-padding is-layout-constrained wp-block-group-is-layout-constrained">
<h2 class="wp-block-heading">Article 2.5 | Medical examination prior to commencing employment</h2>



<ol>
<li>A pre-employment medical examination can only be part of the appointment procedure if there are specific medical requirements for a job, e.g. for the jobs of dancers and technicians. The examination is restricted to those specific job-related medical requirements.<br>The employer can oblige candidates for such jobs to cooperate on a job-related pre-employment medical examination. In that case, sections 2 to 6 of this Article are applicable.</li>



<li>
<ol style="list-style-type:lower-alpha">
<li>The contract of employment is not considered to be binding until a declaration has been issued by a doctor, chosen by or on behalf of the employer, stating that, on the basis of a job-related examination prior to entering employment, the employee to be appointed is able to perform the activities in question.<br>voor de te verrichten werkzaamheden.</li>



<li>This job-related examination will be held before the date fixed for entering employment. The result of the examination will be passed on to those concerned within 14 days of the determination of the result.</li>
</ol>
</li>



<li>The employer bears the costs of the examination as specified in section 1, including the travel and accommodation expenses of the employee within the Netherlands. These expenses are remunerated in accordance with the travel and accommodation regulations included in this CAO.</li>



<li>The prospective employee can submit a request for a second job-related examination within 14 days of receipt of the result of the examination as specified in section 1. The employer is obliged to comply with this request. The employer bears the costs of the second examination. The doctor for this second examination is chosen by or on behalf of the employer in consultation with the employee, and will not be the same as the doctor who performed the first pre-employment examination. The result of this second examination is binding.</li>



<li>Contrary to the provisions of section 2 of this Article, the employer may conclude a contract of employment with the employee in special cases, even though the employee has not been medically approved.</li>



<li>The provisions of the preceding sections are not applicable to the employee who engages in a new contract of employment as the result of a merger or alteration in the private law status of the employer.</li>
</ol>
</article>



<article id="medical-examination-during-employment" class="wp-block-group has-global-padding is-layout-constrained wp-block-group-is-layout-constrained">
<h2 class="wp-block-heading">Article 2.6 | Medical examination during employment</h2>



<ol>
<li>Employees are obliged to undergo a medical examination if the employer considers that their physical or mental condition hinders or may hinder them from performing their work properly. Those concerned will be informed of the result of this medical examination within 14 days of its determination.</li>



<li>Without prejudice to the provisions in section 1, those employees who perform heavy manual work in the performance of their duties will be examined periodically on the initiative of the employer to see whether there are any medical objections to the continuation of their activities. The employer determines which employees are subject to compulsory examination, on the understanding that it will apply at any rate to those employees who are employed as dancers or technicians. The frequency of the periodical examination will be determined per company.</li>



<li>The employer can also offer a preventive medical examination (PMO), in which the employee can participate voluntarily. The employer is not informed of the results of the PMO unless the employee wishes to discuss the results with the employer.</li>
</ol>
</article>



<article id="termination-of-employment" class="wp-block-group has-global-padding is-layout-constrained wp-block-group-is-layout-constrained">
<h2 class="wp-block-heading">Article 2.7 | Termination of employment</h2>



<ol>
<li>Employment is terminated:
<ol style="list-style-type:lower-alpha">
<li>during or at the expiry of the trial period at the request of the employer or the employee;</li>



<li>on the date agreed by the employer and employee by mutual agreement;</li>



<li>legally on the expiry date of a contract of employment for a definite period. NB: from 1 January 2015, the employer is obliged to announce this and confirm it in writing at least one month in advance;</li>



<li>by termination by the employer or the employee, subject to the provisions of sections 3 and 4 of this Article;</li>



<li>on the date on which the employee reaches the legal retirement (AOW) age;</li>



<li>on the death of the employee;</li>



<li>in the case of instant dismissal for urgent reasons affecting the employer or employee in accordance with the statutory provisions;</li>



<li>h. if dissolved in court at the request of employer or employee on the basis of the statutory provisions.</li>
</ol>
</li>



<li>After a period in which the employee has been incapacitated for work for at least 24 months, the employer can apply for permission to dismiss the employee on the grounds of incapacity for work.</li>



<li><em>The manner and date of giving notice</em>
<ol style="list-style-type:lower-alpha">
<li>Notice must be given in writing and with a statement of the reasons.</li>



<li>Notice of termination should be given in such a way that termination of employment coincides with the end of the calendar month.</li>



<li>Any additional relevant provisions in the individual contract of employment or in the company rules and regulations are applicable.</li>
</ol>
</li>



<li><em>The term of notice</em><br>In the case of contracts for an indefinite period, contrary to Article 7:672 paragraphs 2 and 3 of the Civil Code, a period of notice of at least two months must be observed by both the employer and the employee.<br><br></li>
</ol>
</article>


Chapter 2 Chapter 2 Employment


<ul class="table_of_contents">
<li><a href="#reference-jobs-and-salary-matrix"><span class="nav-article-title">Article 3.1</span> <span class="nav-article-label">Reference jobs and salary matrix</span></a></li>



<li><a href="#application-of-job-and-salary-matrix"><span class="nav-article-title">Article 3.2</span> <span class="nav-article-label">Application of job and salary matrix</span></a></li>



<li><a href="#minimum-remuneration-for-self-employed-persons"><span class="nav-article-title">Article 3.3</span> <span class="nav-article-label">Minimum remuneration for self-employed persons (zzp’ers)</span></a></li>



<li><a href="#salary-development"><span class="nav-article-title">Article 3.4</span> <span class="nav-article-label">Salary development</span></a></li>



<li><a href="#end-of-year-bonus"><span class="nav-article-title">Article 3.5</span> <span class="nav-article-label">End-of-year bonus</span></a></li>



<li><a href="#holiday-bonus"><span class="nav-article-title">Article 3.6</span> <span class="nav-article-label">Holiday bonus</span></a></li>



<li><a href="#salary-during-incapacity-for-work"><span class="nav-article-title">Article 3.7</span> <span class="nav-article-label">Salary during incapacity for work</span></a></li>



<li><a href="#payment-of-salary-in-the-event-of-death"><span class="nav-article-title">Article 3.8</span> <span class="nav-article-label">Payment of salary in the event of death</span></a></li>
</ul>



<article id="reference-jobs-and-salary-matrix" class="wp-block-group has-global-padding is-layout-constrained wp-block-group-is-layout-constrained">
<h2 class="wp-block-heading">Article 3.1 | Reference jobs and salary matrix</h2>



<ol>
<li>The job and salary matrix included in this CAO will be introduced by the employer as of 1 January 2017. The job and salary matrix – see the relevant appendices in this CAO – consists of the following parts:<br><br>&#8211; Job grid with a limited number of reference jobs<br>&#8211; Job descriptions of the reference jobs<br>&#8211; List of common jobs<br>&#8211; Job matrix with salary scales<br><br>Reference jobs are model jobs in which a particular job content and weighting is linked to a particular salary level. The reference jobs are not standard jobs. This means that they can/must be deviated from if the employer changes the content of the job and sets different requirements for it, whereby the job may become lighter or heavier than the reference job.For jobs that deviate from the reference jobs, the employer will make a suitable description, on the basis of a comparison with the reference job(s). On this basis, the job can then be scaled higher or lower than the reference job(s). Jobs that correspond to a reference job precisely, with regard to weighting, content and result expectations, are scaled in accordance with the classification in the job matrix in the CAO. The employer provides suitable, result-focused job descriptions for all employees.</li>



<li>If employees are of the opinion that their job is not (or no longer) described and/or classified correctly, they can object to this. The objection is dealt with in accordance with the applicable procedure within the organisation. If the internal procedure does not lead to agreement, the case can be presented to the Social Committee for Theatre and Dance, in compliance with the applicable procedure included as an appendix to this CAO.</li>
</ol>
</article>



<article id="application-of-job-and-salary-matrix" class="wp-block-group has-global-padding is-layout-constrained wp-block-group-is-layout-constrained">
<h2 class="wp-block-heading">Article 3.2 | Application of job and salary matrix</h2>



<ol>
<li><em>Classification</em><br>The salary scales are divided into steps or salary increments. These increments are an indication of the development in a job, if it is performed well. As a guideline, one indicative salary increment corresponds to one year of experience and development in a job. In principle, one year of experience is counted if the employee can make a reasonable case for having worked in the same or similar job for at least eight months in the previous (calendar) year. The moment at which salary increments are awarded differs per company. As a consequence, employees switching employer cannot claim more than one salary increment per (calendar) year.</li>



<li><em>Awarding salary increments</em><br>In the case of good performance, the employee is entitled to one salary increment per year, until the maximum of the scale has been reached. In the case of exceptional performance and/or in exceptional circumstances, the employer may award more than one salary increment to the employee. The increments are awarded on the basis of performance and/or appraisal interviews, which are recorded in writing. In the case of poor performance that has been pointed out to the employee, or in the case of insufficient opportunity to make an appraisal due to leave of absence or incapacity for work during six months or longer, the employer can decide not to award a salary increment. If there is no performance or appraisal policy, the employee will receive one salary increment per year until the maximum of the scale is reached.</li>



<li><em>Classification of combined jobs</em><br>If an employee combines different jobs that have different scales, the salary is composed of the sum of the part-time salaries of the jobs concerned. If a job on a higher scale is done for a limited number of hours on a temporary basis, another option is to temporarily increase the gross monthly salary by a suitable bonus, equivalent to two salary increments, for example.</li>



<li><em>Classification in a higher scale</em><br>If the job changes or is weighted more heavily and is thus classified in a higher scale, the employee will be placed in the next salary increment up in the new scale.</li>
</ol>
</article>



<article id="minimum-remuneration-for-self-employed-persons" class="wp-block-group has-global-padding is-layout-constrained wp-block-group-is-layout-constrained">
<h2 class="wp-block-heading">Article 3.3 | Minimum remuneration for self-employed persons (zzp’ers)</h2>



<p>For the remuneration of zzp’ers as defined in Article 1.1, the job and salary matrix of this CAO forms the starting point for the otherwise freely negotiable remuneration agreements. This means that the rate to be agreed has a lower limit, which corresponds to the salary level attached to the job, increased by at least 50%. In the case of an hourly rate, this will amount to 1/143 of the corresponding gross monthly salary, increased by at least 50%.</p>
</article>



<article id="salary-development" class="wp-block-group has-global-padding is-layout-constrained wp-block-group-is-layout-constrained">
<h2 class="wp-block-heading">Article 3.4 | Salary development</h2>



<p>As of 1 January 2024, a general structural salary increase of 5% will be given and a fixed sum of € 150.</p>
</article>



<article id="end-of-year-bonus" class="wp-block-group has-global-padding is-layout-constrained wp-block-group-is-layout-constrained">
<h2 class="wp-block-heading">Article 3.5 | End-of-year bonus</h2>



<ol>
<li>Besides the regular salary, the employee is entitled to a bonus of € 400 gross per year, in the case of a full-time contract. In the case of part-time contracts and contract periods shorter than 12 months, a proportionate amount is applicable.</li>



<li>The bonus is paid in one instalment, along with the salary for the month of December over the previous twelve months or, if the contract of employment between employer and employee ends earlier in the year in question, along with the last salary payment..</li>



<li>Employees can opt to exchange their end-of-year bonus for three extra days of holiday (see also the chapter Days off, holidays and leave), in the case of a full-time contract of employment. In the case of a part-time contract of employment and periods of employment shorter than 12 months, this will apply pro rata. These extra days of holiday are taken in agreement with the employer.</li>
</ol>
</article>



<article id="holiday-bonus" class="wp-block-group has-global-padding is-layout-constrained wp-block-group-is-layout-constrained">
<h2 class="wp-block-heading">Article 3.6 | Holiday bonus</h2>



<ol>
<li>Employees are entitled to a holiday bonus for each calendar month or part of that month during which they are employed. This holiday bonus amounts to 8% of the salary earned per calendar month. In accordance with the Minimum Wage Act (WML), the sum of the wage (including overtime) and holiday allowance is guaranteed to be at least 108% of the minimum wage.</li>



<li>The holiday bonus is paid over a period of twelve months, calculated from the month of June of the previous calendar year.</li>



<li>The employer will pay the holiday bonus to the employee on 31 May of the calendar year concerned at the latest.</li>
</ol>
</article>



<article id="salary-during-incapacity-for-work" class="wp-block-group has-global-padding is-layout-constrained wp-block-group-is-layout-constrained">
<h2 class="wp-block-heading">Article 3.7 | Salary during incapacity for work</h2>



<ol>
<li>Besides the legal obligations in Article 7:629 of the Civil Code, the Regeling beleidsregels beoordelingskader poortwachter is also applicable to both employee and employer.</li>



<li>An employee who is incapacitated for work as a result of illness, pregnancy or childbirth, and to whom the exclusion and suspension clauses in Article 7:629 of the Civil Code are not applicable, is entitled to continued payment of wages in accordance with the following phasing:<br>&#8211; 100% in weeks 1-26<br>&#8211; 90% in weeks 27-52<br>&#8211; 80% in weeks 53-78<br>&#8211; 70% in weeks 79–104</li>



<li>In addition to the provisions of sections 1 and 2 of this Article, an employee who is incapacitated for work as a result of illness, pregnancy or childbirth and who meets one of the conditions below is entitled to 100% continued payment of wages for a maximum of 104 weeks &#8211; calculated from the first day of illness. This concerns an employee who:<br>&#8211; is fully and permanently incapacitated for work and is entitled to IVA benefit; or<br>&#8211; is working in their own job or in another suitable job, for at least 40% of the contract of employment as part of a reintegration process, whether or not on an occupational therapy basis; or<br>&#8211; is training or retraining, or has started in a suitable job with their own or another employer as part of a reintegration process.</li>



<li>If, in connection with their partial incapacity for work, employees are carrying out another job, whether or not for the same employer, on the grounds of which they earn income from work or activities, this income will be deducted from the continued payment of wages insofar as it exceeds the 100% level of income from the employer.</li>



<li>The continued payment of wages referred to in sections 2 and 3 is discontinued when the contract of employment with the employer is terminated or when the employee reaches the legal retirement (AOW) age.</li>
</ol>
</article>



<article id="payment-of-salary-in-the-event-of-death" class="wp-block-group has-global-padding is-layout-constrained wp-block-group-is-layout-constrained">
<h2 class="wp-block-heading">Article 3.8 | Payment of salary in the event of death</h2>



<ol>
<li>On the death of the employee, besides the payment of salary up to and including the last day of the month in which the death occurred, a one-off benefit of two monthly salaries will be paid to the partner with whom the employee had a joint household. If this situation is not applicable, the payment may be made to the person/people whom the employer considers to be eligible in all fairness.</li>



<li>The death benefit referred to in section 1 of this Article is reduced by the amount paid to the surviving relatives in the case of the employee’s death pursuant to a health or occupational disability insurance policy.</li>
</ol>
</article>


Chapter 3 Chapter 3 Salary

Chapter 4 Chapter 4 Working hours and rest periods


<ul class="table_of_contents">
<li><a href="#days-off"><span class="nav-article-title">Article 5.1</span> <span class="nav-article-label">Days off</span></a></li>



<li><a href="#public-holidays"><span class="nav-article-title">Article 5.2</span> <span class="nav-article-label">Public holidays</span></a></li>



<li><a href="#holiday-leave-and-atv-days"><span class="nav-article-title">Article 5.3</span> <span class="nav-article-label">Holiday leave and atv days</span></a></li>



<li><a href="#accumulation-of-holiday-leave-during-incapacity-for-work"><span class="nav-article-title">Article 5.4</span> <span class="nav-article-label">Accumulation of holiday leave during incapacity for work</span></a></li>



<li><a href="#special-leave"><span class="nav-article-title">Article 5.5</span> <span class="nav-article-label">Special leave</span></a></li>
</ul>



<article class="wp-block-group has-global-padding is-layout-constrained wp-block-group-is-layout-constrained">
<h2 class="wp-block-heading">General</h2>



<p>In the case of a full contract of employment, employees are entitled every year to at least 104 weekend days or compensation of those days, 27 holiday days, 12 atv days and a maximum of 7 public holiday days, insofar as they fall on a working day. (See the Article Public holidays).</p>
</article>



<article id="days-off" class="wp-block-group has-global-padding is-layout-constrained wp-block-group-is-layout-constrained">
<h2 class="wp-block-heading">Article 5.1 | Days off</h2>



<ol>
<li>For each unbroken period of 13 weeks, a minimum of 18 days off are scheduled, of which at least 5 x 2 days are allocated consecutively.</li>



<li>Employees are entitled to at least 13 free Sundays per year (period of 52 weeks).</li>



<li>Employees are entitled to at least 8 performance-free days per month, of which at least 6 are completely free (i.e. with no rehearsals).</li>
</ol>
</article>



<article id="public-holidays" class="wp-block-group has-global-padding is-layout-constrained wp-block-group-is-layout-constrained">
<h2 class="wp-block-heading">Article 5.2 | Public holidays</h2>



<p>The following count as public holidays: 25 and 26 December, 1 January, Easter Sunday and Easter Monday, Whit Sunday and Whit Monday, Ascension Day, the King’s Birthday and once every five years 5 May. Employees who have to work on a public holiday are compensated with a special free day on a date to be agreed.<br>Employees may request the employer to exchange the aforementioned days (or one of them) for holidays and festivals related to their own cultural background or beliefs. The employer will agree to this request, in principle, providing it fits in with the company’s schedules and performance dates.</p>
</article>



<article id="holiday-leave-and-atv-days" class="wp-block-group has-global-padding is-layout-constrained wp-block-group-is-layout-constrained">
<h2 class="wp-block-heading">Article 5.3 | Holiday leave and atv days</h2>



<ol>
<li>In the case of full-time employment, the employee is entitled to 27 days of holiday leave. The employer gives the employee the opportunity to take the days of holiday leave, in compliance with the other provisions in this Article. With regard to the lapsing of days of holiday leave, the statutory provisions are applicable.</li>



<li>In the case of a 40-hour working week and a full-time contract of employment, the employee is entitled to 12 atv days. In agreement with the employee participation body, a maximum of 6 of these 12 atv days can be allocated as half days. The employer gives the employee the opportunity to take atv days, in compliance with the other provisions in this Article. Atv days that are not taken will lapse at the end of the year for which they have been allocated.</li>



<li>In agreement with the employee participation body, the employer can set collective holiday periods, which are announced before 1 January of the year concerned. In the case of unforeseen circumstances, collective holiday periods may be communicated by 1 March of the year concerned at the latest. Employees give notice in good time of when they are planning to take the other, non-collective agreed days of holiday leave. Employees on a contract of employment of at least one year are entitled to a continuous holiday of at least 3 weeks per year.</li>



<li>The employer and employee may agree to cancel the days of holiday leave and/or atv days that exceed the legal number. In that case, employees will receive compensation for these days on the basis of their hourly wage.</li>



<li>With the agreement of the employee participation body, the employer can make an arrangement for all employees or for certain groups of employees for saving up atv days until a subsequent year or until the end of the contract of employment.</li>



<li>Employees can choose to exchange their end-of-year bonus (see the relevant Article in the chapter Salaries) for three extra days of holiday leave, in the case of a full-time contract of employment. In the case of part-time contracts of employment and periods of employment shorter than 12 months, this will apply proportionately. These extra days of holiday leave are taken in agreement with the employer.</li>
</ol>
</article>



<article id="accumulation-of-holiday-leave-during-incapacity-for-work" class="wp-block-group has-global-padding is-layout-constrained wp-block-group-is-layout-constrained">
<h2 class="wp-block-heading">Article 5.4 | Accumulation of holiday leave during incapacity for work</h2>



<p>Employees who are incapacitated for work accumulate holiday leave over the whole period of their incapacity for work. When to take the accumulated holiday leave is agreed by the employer and the employee, in compliance with the legal period of limitation.</p>
</article>



<article id="special-leave" class="wp-block-group has-global-padding is-layout-constrained wp-block-group-is-layout-constrained">
<h2 class="wp-block-heading">Article 5.5 | Special leave</h2>



<ol>
<li>Under the Work and Care Act (WAZO), the employee is entitled to short-term care leave of a maximum of twice the working hours per week. Contrary to the legal entitlement of continued payment of 70% of the salary, the employee is entitled to continued payment of 100% of the salary in the case of short-term care leave. With regard to allocation, and possible refusal of allocation in the case of conflict with urgent organisational interests, the legal provisions will apply.<br>With regard to all other forms of special leave covered by the WAZO, the legal provisions will apply. See <a href="http://wetten.overheid.nl/BWBR0013008/">http://wetten.overheid.nl/BWBR0013008/</a>.</li>



<li>The employee is entitled to special leave with full pay in the following cases:
<ul>
<li>if the employee&#8217;s spouse, registered partner, legal cohabitant, person with whom the employee acknowledges the child, surrogate mother or co-parent gives birth: the working hours of one week (in accordance with the legal regulations). For supplementary leave, see https://www.rijksoverheid.nl/onderwerpen/geboorteverlof-en-partnerverlof.</li>



<li>in the event of the death of the employee&#8217;s (adoptive) parents, partner/co-parent and/or children: from the day of decease up to and including the day after the funeral;</li>



<li>in the event of the death of the employee’s (adoptive) grandparents, brothers/sisters and parents-in-law: two days.</li>
</ul>
</li>



<li>The employee is entitled to special leave with full pay, insofar as the activities of the company are not unduly disturbed by it, in the following cases:
<ul>
<li>for the wedding of the employee: three days;</li>



<li>if the employee moves house: one day;</li>



<li>if the employee who is a member of a trade union takes part in meetings, board meetings and consultations about terms of employment or CAO matters.</li>
</ul>
</li>
</ol>
</article>


Chapter 5 Chapter 5 Days off and holiday leave


<ul class="table_of_contents">
<li><a href="#professional-expenses"><span class="nav-article-title">Article 6.1</span> <span class="nav-article-label">Professional expenses</span></a></li>



<li><a href="#allowances-for-activities-outside-the-company-location"><span class="nav-article-title">Article 6.2</span> <span class="nav-article-label">Allowances for activities outside the company location</span></a></li>



<li><a href="#meal-provision-or-allowance-at-the-company-location"><span class="nav-article-title">Article 6.3</span> <span class="nav-article-label">Meal provision or allowance at the company location</span></a></li>



<li><a href="#cooperation-on-publicity"><span class="nav-article-title">Article 6.4</span> <span class="nav-article-label">Cooperation on publicity</span></a></li>



<li><a href="#cooperation-on-and-publication-of-audiovisual-recordings"><span class="nav-article-title">Article 6.5</span> <span class="nav-article-label">Cooperation on and publication of audiovisual recordings</span></a></li>



<li><a href="#reinforcement-of-the-trade-union-contribution"><span class="nav-article-title">Article 6.6</span> <span class="nav-article-label">Reinforcement of the trade union contribution</span></a></li>



<li><a href="#allowance-for-legal-healthcare-insurance-excess"><span class="nav-article-title">Article 6.7</span> <span class="nav-article-label">Allowance for legal healthcare insurance excess</span></a></li>



<li><a href="#compensation-for-commuting-expenses"><span class="nav-article-title">Article 6.8</span> <span class="nav-article-label">Compensation for commuting expenses</span></a></li>



<li><a href="#allowance-for-appearing-as-an-extra"><span class="nav-article-title">Article 6.9</span> <span class="nav-article-label">Allowance for appearing as an extra</span></a></li>



<li><a href="#allowance-for-emergency-response-and-prevention-officers"><span class="nav-article-title">Article 6.10</span> <span class="nav-article-label">Allowance for emergency response and prevention officers</span></a></li>



<li><a href="#allowance-for-working-from-home"><span class="nav-article-title">Article 6.11</span> <span class="nav-article-label">Allowance for working from home</span></a></li>
</ul>



<article id="professional-expenses" class="wp-block-group has-global-padding is-layout-constrained wp-block-group-is-layout-constrained">
<h2 class="wp-block-heading">Article 6.1 | Professional expenses</h2>



<p>Employees are entitled to reimbursement of expenses if expenses are incurred in carrying out the professions. In agreement with the employee participation body, the employer can choose from the following options:</p>



<ol style="list-style-type:lower-alpha">
<li>the employer provides material and resources necessary for carrying out the profession properly;</li>



<li>employees are responsible for providing material and resources and can declare the expenses for them to the employer;</li>



<li>the employer gives a fixed allowance for the specified expenses. This allowance lapses if the employee has not worked for more than six weeks.</li>
</ol>
</article>



<article id="allowances-for-activities-outside-the-company-location" class="wp-block-group has-global-padding is-layout-constrained wp-block-group-is-layout-constrained">
<h2 class="wp-block-heading">Article 6.2 | Allowances for activities outside the company location</h2>



<ol>
<li>If activities take place outside the company location, whether in the Netherlands or abroad, a contribution towards accommodation expenses is given, in accordance with the appendix Accommodation Expenses included in this CAO.</li>



<li>Travelling expenses are paid by the employer. The employer can specify the means of transportation. If employees choose not to make use of the specified means of transportation, they pay the travelling expenses themselves. If employees do not make use of the specified means of transportation by necessity, or with permission from the employer, their travelling expenses will be reimbursed on the basis of the specified means of transportation.</li>



<li>In all cases, the employee is required to be at the performance location at the time before curtain-up specified by the employer at the latest.</li>
</ol>
</article>



<article id="meal-provision-or-allowance-at-the-company-location" class="wp-block-group has-global-padding is-layout-constrained wp-block-group-is-layout-constrained">
<h2 class="wp-block-heading">Article 6.3 | Meal provision or allowance at the company location</h2>



<p>In the case of an unbroken and event-related shift at the company location starting at 15.00 at the latest and lasting until at least 20.00, employees are entitled to a meal or to financial reimbursement in accordance with the regulations included in this CAO. This allowance is paid on the basis of declaration, on the submission of receipts. The amount is indexed annually, based on the consumer price index, in accordance with the accommodation expenses regulations in this CAO. These regulations will also apply if the period of work lasts 9 hours or longer. These regulations do not change any agreements about this already in existence between employers and employees that are more favourable to the employee.</p>
</article>



<article id="cooperation-on-publicity" class="wp-block-group has-global-padding is-layout-constrained wp-block-group-is-layout-constrained">
<h2 class="wp-block-heading">Article 6.4 | Cooperation on publicity</h2>



<p>The employee will, in principle, cooperate on publicity for the organisation and its productions for no extra fee. The term publicity is understood in the broadest sense of the word, within the limits of reasonableness. If publicity activities concern the publication of audiovisual recordings of artistic performances as referred to in Article 6.5.1, the remuneration agreements or the exceptions to those agreements pursuant to Article 6.5.2.b will apply.</p>
</article>



<article id="cooperation-on-and-publication-of-audiovisual-recordings" class="wp-block-group has-global-padding is-layout-constrained wp-block-group-is-layout-constrained">
<h2 class="wp-block-heading">Article 6.5 | Cooperation on and publication of audiovisual recordings</h2>



<p>Definitions of terms used in this Article:</p>



<figure class="wp-block-table def-table pb-1"><table><tbody><tr><td>Recording</td><td>any form of audiovisual recording of a performance.</td></tr><tr><td>Livestream</td><td>digital distribution of a performance that is being presented at that time (live). A livestream is a one-off event by definition. A livestream is always recorded for technical reasons.</td></tr><tr><td>Publication</td><td>first or repeated showing/publication of any form of recording or livestream.</td></tr><tr><td>Performance</td><td>a performing arts production that may comprise one or more parts or acts, and which is presented in a single performance and under a single title.</td></tr></tbody></table></figure>



<ol>
<li><em>Cooperation on audiovisual recordings</em><br>Employees will cooperate, in compliance with the following provisions, on making audiovisual recordings of their artistic performances as a performing artist in presentations that are usually (also) given to an audience.<br>Pursuant to Article 7 of the Dutch Copyright Act, the employer is the owner of what is produced on a contract of employment, unless alternative agreements are made about this in specific cases. In line with Article 3 of the Dutch Neighbouring Rights Act, the employer is entitled to exploit the rights of the performing artists, unless alternative agreements are made about this in specific cases.</li>



<li><em>Entitlement to fees and exceptions</em>
<ol style="list-style-type:lower-alpha">
<li>The employer will pay employees cooperating on recordings a reasonable fee for all forms of exploitation. See paragraph 2. b for exceptions to this and paragraph 7 of this Article for the agreed fees.</li>



<li>For recordings/publications for one of the following purposes, the fee referred to in paragraph 2 under 1 is not applicable or set at zero.
<ul>
<li><em>publicity and/or marketing purposes</em><br>This concerns artistic production material that does not form a whole in its own right, which has a maximum recording/publication duration of three minutes. If the maximum of three minutes is exceeded, prior permission is required from the parties concerned/employee participation body and a fee applies in accordance with paragraph 7.<br>Employees themselves are also entitled to publish recordings of a maximum of three minutes made by the employer for publicity and/or marketing purposes, provided the form is unaltered.</li>



<li><em>benefit events</em><br>This concerns events where all the proceeds go to the intended goal or charity of the event. Prior permission is required from the parties concerned/employee participation body. A fee in accordance with paragraph 7 applies to further publication.</li>



<li><em>non-commercial educational purposes</em><br>This is the case when the recording/publication is used solely as teaching material for education.</li>



<li><em>the producer’s sales purposes</em><br>This is the case when recordings/publications of (complete) productions are made available only to programmers or professionals for the purpose of selling performances and tours. This is on condition that a watermark is included in the recording, making the recording unsuitable for showing to the public.</li>
</ul>
</li>
</ol>
</li>



<li><em>Employees’ right to information</em>
<ol style="list-style-type:lower-alpha">
<li>Schedules and agreements<br>The parties concerned/employee participation body will be informed in writing and heard by the employer well in advance about concrete plans for the making of audiovisual recordings as referred to in paragraph 2.<br>If the recording takes place, the parties concerned/employee participation body will also be informed in writing by the employer about the agreements regarding content, scheduling, logistics and financing, and with which parties they have been agreed. They will also be informed in writing about the method and period of publication, as well as about the agreements regarding management, archiving and security of the recordings.</li>



<li>Exploitation and income<br>The parties concerned/employee participation body will be informed at least once a year about the exploitation of the organisation’s recordings, particularly with regard to the exploitation methods, the income generated thereby and the fees owed. This is in compliance with the further provisions in this regard equivalent to the provisions in Article 25ca of the Dutch Copyright Act.</li>
</ol>
</li>



<li><em>Permission for publication</em><br>Permission for the publication of recordings is deemed to have been given on signing the contract of employment. The employer is thereby obliged always to provide detailed information in writing to the employee(s) concerned well in advance about the purpose and use of the recordings. See paragraph 3 of this Article.</li>



<li><em>Nude scenes</em><br>If a performance to be recorded includes nude scenes, prior written agreements are made between the employer, producer, co-producer and performer(s) about the approach and procedure. The agreements set out what exactly is expected of the performer(s), what will be in shot, who will be present at the recordings and how the images will be used, including for trailers. The prior agreements cannot be revised or expanded on without prior permission from parties. Decisions about them cannot be made during rehearsals and/or performances. In order to ensure that parties keep to the agreements made and that the surroundings in which nude scenes take place fulfil the agreements made, an intimacy coordinator will be appointed, who makes sure that during a rehearsal or performance the performers do not come under pressure to depart from the agreements made.</li>



<li><em>Acknowledgement</em><br>All the names of those entitled are registered for acknowledgement in the credits, or for another form of acknowledgement, such as through subtitling, on the website or through other channels (digital or otherwise). The employer will make every effort to realise the credits or other acknowledgement, in compliance with Article 5 of the Dutch Neighbouring Rights Act and Article 25 of the Dutch Copyright Act, which set out the entitlement to acknowledgement. The content of this provision applies to all publications, with the exception of the agreement regarding ‘publicity and/or marketing purposes’.</li>



<li>Remuneration based on the Dutch Neighbouring Rights Act<br>For recordings and their publication, insofar as not belonging to the exceptions referred to in paragraph 2b, the following fees will apply to employees who are performing artists as referred to in the Dutch Neighbouring Rights Act:
<ol style="list-style-type:lower-alpha">
<li>A gross sum of € 45 per employee for a livestream of a performance.</li>



<li>A gross sum of € 100 per employee per recording, which may be published during 1 year – counted as a period of 12 months from the first date of distribution.</li>



<li>After the first year, as referred to in paragraph 7. b, a choice can be made from the following buyout periods and associated additional sums per employee per recording for all further publications:<br>&#8211; € 100 gross for a period of 5 years OR<br>&#8211; € 250 gross for a period of 10 years OR<br>&#8211; € 500 gross for an unlimited period.</li>



<li>In addition, there may be supplementary remuneration that is paid only when there are substantial marginal returns after deduction of the fees referred to in 7.a, 7.b and 7.c of this Article and after deduction of exceptional production costs for making the recording, to be specified by the employer. Exceptional production costs do not include the production costs also incurred for live performances on stage. The marginal returns will be paid to the performer(s) in accordance with a distribution formula to be set fairly by the employer.</li>
</ol>
</li>
</ol>
</article>



<article id="reinforcement-of-the-trade-union-contribution" class="wp-block-group has-global-padding is-layout-constrained wp-block-group-is-layout-constrained">
<h2 class="wp-block-heading">Article 6.6 | Reinforcement of the trade union contribution</h2>



<ol>
<li>In view of the importance of well organised negotiations about terms of employment and to support the position of the trade union, the employer pays an annual sum of € 21.34 per FTE to the trade union party of this CAO. This entails an obligation from the trade union to make every effort to actively recruit new members.</li>



<li>Insofar as permissible by the tax authorities, the employer will reimburse the employee’s contribution for union membership &#8211; on production of proof of membership &#8211; while simultaneously having the gross salary reduced by an equal amount.</li>



<li>Along with the employers – collectively or individually – the trade union provides information and communication about the trade union, in order to promote union membership among employees.</li>
</ol>
</article>



<article id="allowance-for-legal-healthcare-insurance-excess" class="wp-block-group has-global-padding is-layout-constrained wp-block-group-is-layout-constrained">
<h2 class="wp-block-heading">Article 6.7 | Allowance for legal healthcare insurance excess</h2>



<p>In accordance with the appendix included in this CAO, Regulations for Allowance for Healthcare Insurance Excess, employees may claim an allowance for the legal excess of their healthcare insurance.</p>
</article>



<article id="compensation-for-commuting-expenses" class="wp-block-group has-global-padding is-layout-constrained wp-block-group-is-layout-constrained">
<h2 class="wp-block-heading">Article 6.8 | Compensation for commuting expenses</h2>



<p>The employer makes a suitable arrangement for the organisation to compensate the employees’ commuting expenses.</p>
</article>



<article id="allowance-for-appearing-as-an-extra" class="wp-block-group has-global-padding is-layout-constrained wp-block-group-is-layout-constrained">
<h2 class="wp-block-heading">Article 6.9 | Allowance for appearing as an extra</h2>



<p>Employees not employed as a performing artist who appear on stage under direction and in a prescribed costume throughout the whole performance or large parts of it (at least 60%), will receive an allowance for appearing as an extra of € 35.00 gross per performance.</p>
</article>



<article id="allowance-for-emergency-response-and-prevention-officers" class="wp-block-group has-global-padding is-layout-constrained wp-block-group-is-layout-constrained">
<h2 class="wp-block-heading">Article 6.10 | Allowance for emergency response and prevention officers</h2>



<p>Employees who have additional extra responsibility through carrying out emergency response and prevention tasks will receive an allowance of € 35 gross per month, on the basis of a full-time contract of employment. In the case of a part-time contract of employment, the allowance will be paid pro rata. Exceptions to this allowance are the jobs of location assistant and tour attendant, for whom emergency response and prevention tasks are standard tasks for which remuneration is already calculated in their salary in accordance with the CAO. Other exceptions to this allowance are employees in other jobs who are classified in a higher salary scale for the job concerned in accordance with the CAO, in compensation for emergency response and prevention tasks.</p>
</article>



<article id="allowance-for-working-from-home" class="wp-block-group has-global-padding is-layout-constrained wp-block-group-is-layout-constrained">
<h2 class="wp-block-heading">Article 6.11 | Allowance for working from home</h2>



<ol class="pb-1">
<li>If the employer and employee have agreed that the employee is to work from home (in full or in part), the employer is responsible for the proper set-up of the workplace at home.</li>



<li>In consultation with the employee participation body or with the individual employee, the employer will make agreements about a suitable allowance for the work-related costs incurred by working from home, based on the advice from <a href="https://www.nibud.nl/onderwerpen/werken/wat-kost-thuiswerken/" data-type="link" data-id="https://www.nibud.nl/onderwerpen/werken/wat-kost-thuiswerken/" target="_blank" rel="noreferrer noopener">nibud</a>.</li>
</ol>
</article>


Chapter 6 Chapter 6 Allowances


<ul class="table_of_contents">
<li><a href="#night-shifts"><span class="nav-article-title">Article 7.1</span> <span class="nav-article-label">Night shifts</span></a></li>



<li><a href="#generation-scheme"><span class="nav-article-title">Article 7.2</span> <span class="nav-article-label">Generation scheme</span></a></li>



<li><a href="#long-term-unpaid-leave"><span class="nav-article-title">Article 7.3</span> <span class="nav-article-label">Long-term unpaid leave</span></a></li>
</ul>



<article id="night-shifts" class="wp-block-group has-global-padding is-layout-constrained wp-block-group-is-layout-constrained">
<h2 class="wp-block-heading">Article 7.1 | Night shifts</h2>



<ol>
<li>For working a night shift, with the exception of travelling time, as defined in this CAO, a bonus of 50% applies for each hour worked. If employees are already entitled to a night shift bonus on the basis of their individual terms of employment or on the basis of another CAO, only the highest bonus will be paid.</li>



<li>Employees who are less than 7 years away from their legal retirement age (AOW) may request the employer for exemption from night shifts. The employer will grant this request as a rule. Only in incidental, unforeseen situations can the employer ask the employee to work a night shift.</li>
</ol>
</article>



<article id="generation-scheme" class="wp-block-group has-global-padding is-layout-constrained wp-block-group-is-layout-constrained">
<h2 class="wp-block-heading">Article 7.2 | Generation scheme</h2>



<ol>
<li>Employees who are less than 7 years away from their legal retirement age (AOW), who have been in employment with the employer for at least 5 years and who wish to reduce their employability by no less than 50% of their original working hours, can opt to continue to accrue pension on the basis of their original working hours as set out in paragraphs 2 and 3 of this Article. This scheme applies on the condition of participation in the applicable pension fund.</li>



<li>The pension accrual remains based on the original working hours. The associated premium is paid by the employer and the employee in accordance with the ratio agreed in the CAO. If the employee reduces the working hours by at least 0.2 FTE, the salary belonging to the new working hours is increased by 0.1 FTE. If the employee reduces the working hours by less than 0.2 FTE, the new salary is increased by 0.05 FTE.<br><em>Examples:</em>
<ul>
<li>from 1.0 FTE to 0.8 FTE means: 80% work, 90% salary, 100% pension accrual</li>



<li>from 0.8 FTE to 0.4 FTE means: 40% work, 50% salary, 80% pension accrual</li>



<li><em>from 0.8 FTE to 0.7 FTE means: 70% work, 75% salary, 80% pension accrual</em></li>
</ul>
</li>



<li>The new working hours form the basis for all other terms of employment, such as the accumulation of holiday leave and the calculation of allowances. The reduction in an employee’s working hours is given in whole or half days, in agreement between the employer and the employee. Employees with irregular working hours are not entitled to a fixed free day. These employees are given the extra free days spread out as evenly as possible over the roster period.</li>
</ol>
</article>



<article id="long-term-unpaid-leave" class="wp-block-group has-global-padding is-layout-constrained wp-block-group-is-layout-constrained">
<h2 class="wp-block-heading">Article 7.3 | Long-term unpaid leave</h2>



<ol>
<li>Employees who have a contract of employment for an indefinite period and who have been in employment with the employer for at least five years may request long-term unpaid leave, for the purpose of long-term employability. Such a request may be made a maximum of once every five years.</li>



<li>Long-term unpaid leave must be requested at least six months before the start of the season in which the unpaid leave starts with the employer, for a period of at least two months and a maximum of twelve months. When making the request, employees indicate the way in which the leave contributes to their long-term employability.</li>



<li>The employer will comply with the request, unless it conflicts with organisational interests. If that is the case, then a solution will be sought by possibly honouring the request for a different duration and/or in a different period.</li>



<li>Outstanding days of holiday leave must be taken first, as far as possible, after which the remaining period is filled with unpaid leave.</li>



<li>Employees are obliged to keep well informed of pension accrual, and partner and orphan pension, as well as other financial risks during the period of unpaid leave. If the pension scheme allows, employees can choose to continue accruing pension voluntarily during the period of unpaid leave, at their own cost.</li>



<li>At the end of the period of unpaid leave, employees are entitled to return to a position that is at least equivalent to their previous one.</li>



<li>During the period of unpaid leave, employees are prohibited from doing paid work for third parties, whether on a contract of employment or as a self-employed person, unless prior written agreements have been made about this with the employer.</li>



<li>In the case of illness during the period of unpaid leave, in principle this period will not be interrupted or terminated. If the illness continues after the end of the leave period, entitlement to continued payment of the salary will commence from the first working day after the leave period.</li>
</ol>
</article>


Chapter 7 Chapter 7 Long-term employability


<ul class="table_of_contents">
<li><a href="#career-hours"><span class="nav-article-title">Article 8.1</span> <span class="nav-article-label">Career hours</span></a></li>



<li><a href="#refresher-courses"><span class="nav-article-title">Article 8.2</span> <span class="nav-article-label">Refresher courses</span></a></li>
</ul>



<article id="career-hours" class="wp-block-group has-global-padding is-layout-constrained wp-block-group-is-layout-constrained">
<h2 class="wp-block-heading">Article 8.1 | Career hours</h2>



<ol>
<li><em>Goal and target group</em><br>Promoting long-term career management and long-term employability is a responsibility of both the employer and the employee. The employer pursues a personnel policy that is geared towards different phases of life and long-term employability. The content of the policy is subject to the conditions below. These conditions are not applicable to employees employed as dancers, as this specific professional group comes under the scheme of Omscholing Dans Nederland. See the relevant article in this CAO.</li>



<li>Maintaining employability
<ol style="list-style-type:lower-alpha">
<li>At least once a year, the employer and employee talk about the progress of the employee’s internal and external employability.</li>



<li>This talk is held partly in relation to agreements about the career hours (see below) and can be linked to the performance and/or appraisal interview.</li>



<li>The agreements made in this talk are recorded in writing in an action plan.</li>



<li>Employees will adopt a proactive attitude to increasing their internal and external employability, and to fulfil the agreements made with regard to their employability.</li>



<li>The employer holds consultation with an employee who is not/no longer functioning optimally about the possibilities of changing job or tasks and about any associated refresher courses, retraining and changes in hours and/or salary.</li>



<li>In realising the agreements made, use can be made of the employee’s career hours referred to below.</li>
</ol>
</li>



<li><em>Accruing career hours</em>
<ol style="list-style-type:lower-alpha">
<li>The employee has 24 career hours per year in the case of full-time employment. Saving up career hours is maximised at 24 days (of 8 hours) in the case of full-time employment. After this, no more accrual takes place until hours that have already been saved have been taken. In the case of part-time employment, the accrual of career hours applies pro rata.</li>



<li>The career hours are granted annually on an advance basis in hours (time). If the contract of employment is interrupted in the interim or if the part-time employment factor changes, there will be a recalculation. No limitation period applies to the career hours. On termination of employment, the hours that have not been taken will lapse, unless the termination is on the employer’s initiative, except in the case of dismissal for urgent reasons.</li>



<li>Employees who are partially incapacitated for work under the WAO/WIA and who carry out work for the employer for the part that they are able to work accrue career hours proportionate to the hours worked.</li>
</ol>
</li>



<li><em>Aim of the career hours and how they are used</em>
<ol style="list-style-type:lower-alpha">
<li>The aim of the career hours is to promote the long-term employability of the employee. The following conditions apply to using the career hours:
<ul>
<li>the hours are used in the first place for leave for the purpose of training, refresher courses or retraining, or other activities that directly benefit the labour market position of the employee. For a contribution to financing, employees can submit a request to the career scheme of the SFPK, in compliance with the regulations and procedures of this scheme. If it concerns training assigned by the employer, then Article 48 Refresher courses will apply.</li>



<li>in second place, the hours can be used for other leave purposes, e.g. supplementary care leave or reduction in working hours (up to a maximum of 50%) directly prior to retirement.</li>
</ul>
</li>



<li>The career hours are used on the basis of agreement between the employee and the employer. Every year, the employer and employee talk about this and make concrete agreements about the use and future use of the hours. The agreements are recorded in writing.</li>



<li>The employee must submit leave requests, in compliance with the aforementioned aims of use and following the agreements made with the employer, as soon as possible to the employer. If the employee wishes to take leave of one month or longer, this leave must be requested in writing at least three months before the leave commences. The employer grants the request unless it conflicts with urgent organisational or shift interests.</li>
</ol>
</li>
</ol>
</article>



<article id="refresher-courses" class="wp-block-group has-global-padding is-layout-constrained wp-block-group-is-layout-constrained">
<h2 class="wp-block-heading">Article 8.2 | Refresher courses</h2>



<ol>
<li>The employer may instruct the employee to take training or refresher courses that are necessary for carrying out the employee’s job in the employer’s organisation. Insofar as applicable under the SFPK scheme, the employer and employee may apply for financial support from this fund.</li>



<li>The costs of training or refresher courses assigned by the employer are paid in full by the employer, and the training or refresher course activities take place during working hours as far as possible.<br>This does not apply to training that is necessary for a certificate or diploma that the employee must have as a starting qualification on entering employment.</li>



<li>Training that the employer must provide by law includes training as referred to in Article 7:611a paragraph 1 CC. This concerns, for example, training related to an improvement programme or a refresher course related to a new computer system) and training that enables continuation of the contract of employment should the employee’s job disappear.</li>



<li>The following costs associated with the training or refresher course are paid by the employer:
<ul>
<li>necessary course and lesson fees;</li>



<li>exam and diploma costs;</li>



<li>costs of purchasing mandatory study material;</li>



<li>costs of travelling to lesson and/or exam locations, in accordance with the company’s usual scheme.</li>
</ul>
</li>



<li>If lessons for training or refresher courses take place during the agreed working hours, leave will be granted for them. Days off will be granted for taking exams. Lessons and exams that take place outside the agreed working hours will not be compensated in working hours, in principle.</li>
</ol>
</article>


Chapter 8 Chapter 8 Career management


<ul class="table_of_contents">
<li><a href="#social-plan"><span class="nav-article-title">Article 9.1</span> <span class="nav-article-label">Social plan</span></a></li>
</ul>



<article id="social-plan" class="wp-block-group has-global-padding is-layout-constrained wp-block-group-is-layout-constrained">
<h2 class="wp-block-heading">Article 9.1 | Social plan</h2>



<ol>
<li><em>General</em><br>These social plan regulations apply only to the consequences for personnel of situations resulting from subsidy cuts or withdrawal, such as closure, reorganisation, restructuring, partial closure or merger, whether or not coupled with changes in policy and activities in the employer’s organisation. In the case of closure, reorganisation, restructuring, partial closure or merger that is not a result of subsidy cuts or withdrawal, the employer will consult with the employees’ organisation involved in this CAO, in order to discuss the social consequences of this organisational change. If so wished, parties may agree on a social plan.</li>



<li><em>The target group</em><br>These social plan regulations apply only to:
<ol style="list-style-type:lower-alpha">
<li>employees on a written contract of employment for an indefinite period with an employer as defined in this CAO, who have not yet reached the legal retirement age on the date of termination of employment.</li>



<li>employees with a broken or unbroken chain of written contracts of employment for a definite period,  who have worked for an employer as defined in this CAO for longer than three years on the date of termination of employment and who have not yet reached the legal retirement age on the date of termination of employment.</li>
</ol>
</li>
</ol>



<div class="wp-block-group part-of-li has-global-padding is-layout-constrained wp-block-group-is-layout-constrained">
<p>Staff and employees to whom these social plan regulations are not applicable are:</p>



<ul>
<li>all employees excepted as an employee from the application of this CAO in Article 1.1 of this CAO;</li>



<li>employees whose contract of employment is or will be terminated during the trial period or due to an urgent reason as referred to in Article 7:677 or 7:678 of the Civil Code, or because of otherwise poor performance;</li>



<li>employees whose contract of employment is or will be terminated in connection with incapacity for work for a period of two years or longer;</li>



<li>employees who have reached the legal retirement age on the intended final date of the contract of employment;</li>



<li>employees whose contract of employment is or will be terminated due to a reason other than in connection with a situation resulting from subsidy cuts or withdrawal as referred to in section 1 of this Article.</li>
</ul>
</div>



<ol start="3">
<li><em>Income support</em><br>Employees who are made redundant as the result of a situation as described in section 1 of this Article and who belong to the target group in section 2 of this Article are entitled to either the legal transition allowance from their employer or, if that is more favourable for the employee, to a supplement of 15% of their last-earned salary during the period of wage-related WW benefit to which the employee is entitled as of the dismissal date, with a maximum of three years.</li>



<li><em>Continuation of pension accrual</em> <br>Employees receiving a WW supplement as referred to in the previous section of this Article can continue to accrue pension during the wage-related WW benefit on a voluntary basis, insofar as this is permitted under the pension scheme. Continuation of pension accrual only takes place if the employee so wishes and is prepared to pay the employee’s part of the premium that applied before the dismissal date. In that case, the employer will continue to pay the employer’s part of the premium.</li>



<li><em>Employee’s obligations</em><br>Employees threatened with dismissal as a result of a situation as referred to in section 1 of this Article and who meet the conditions of the target group referred to in section 2 of this Article are obliged to actively work on their reappointment within or outside their own organisation and to do everything possible to provide the employer with all necessary information and details (including documents needed for calculating financial supplements) in good time and in accordance with the truth. <br>Not cooperating actively on reappointment and/or giving incorrect or incomplete information, as well as improper use or misuse of the arrangements provided may result in exclusion from these social plan regulations and lead to reclamation of any sums already paid.</li>



<li><em>Financial contribution towards mobility or retraining</em><br>For each employee who is made redundant, the employer will defray the costs of support in finding a new job to a maximum of € 5,000 excluding VAT in the case of full-time employment, or the costs of retraining to a maximum of € 8,000 excluding VAT in the case of full-time employment. Retraining is offered only if this is considered necessary by the employer. In the case of part-time employment, the maximum amounts stated in this section will apply pro rata.<br>Employees who do not make use of the support or retraining arrangements or terminate them prematurely will not be entitled to any substitute financial support.</li>
</ol>
</article>


Chapter 9 Chapter 9 Social consequences of reorganisation


<ul class="table_of_contents">
<li><a href="#general-obligations"><span class="nav-article-title">Article 10.1</span> <span class="nav-article-label">General obligations</span></a></li>



<li><a href="#social-safety"><span class="nav-article-title">Article 10.2</span> <span class="nav-article-label">Social safety</span></a></li>



<li><a href="#outsourcing"><span class="nav-article-title">Article 10.3</span> <span class="nav-article-label">Outsourcing</span></a></li>



<li><a href="#legal-liability"><span class="nav-article-title">Article 10.4</span> <span class="nav-article-label">Legal liability</span></a></li>



<li><a href="#working-for-third-parties"><span class="nav-article-title">Article 10.5</span> <span class="nav-article-label">Working for third parties</span></a></li>
</ul>



<article id="general-obligations" class="wp-block-group has-global-padding is-layout-constrained wp-block-group-is-layout-constrained">
<h2 class="wp-block-heading">Article 10.1 | General obligations</h2>



<ol>
<li><em>Good practices for employers and employees</em><br>The employer and employee are generally obliged to act as a good employer or employee is expected to act in similar circumstances. Employees are obliged to carry out the agreed activities to the best of their ability, and to follow the instructions provided to that end by or on behalf of the employer. The employer will enable employees to carry out the agreed activities to the best of their ability, and provide instructions to that end if necessary.</li>



<li><em>Incapacity for work</em><br>In the event of incapacity for work as the result of illness or accident, also during the holiday period, the employee will inform the employer of this immediately, in compliance with the company regulations and/or the standing rules of the organisation concerned. The employer and employee are also obliged, in accordance with the legal provisions, to promote reintegration as soon as possible.</li>



<li><em>Property</em><br>All items, including written documents and electronic and digital information and media made available to employees for their activities for the organisation remain the property of the employer. The employee is obliged to hand back these items to the employer as soon as requested to do so, and otherwise on the day on which the contract of employment terminates at the latest. The employee is responsible and liable for any damage to the employer’s property caused by wilful act or through deliberate negligence.</li>



<li><em>Confidentiality</em><br>The employee and employer are obliged to confidentiality concerning all affairs, in the broadest sense of the word, of which they could reasonably have knowledge, or could presume that disseminating that knowledge, in any way whatsoever, might damage the other party. This obligation to confidentiality is applicable both during the contract of employment and after its termination. Violation of this Article by the employee can form an urgent reason for dismissal by the employer.</li>
</ol>
</article>



<article id="social-safety" class="wp-block-group has-global-padding is-layout-constrained wp-block-group-is-layout-constrained">
<h2 class="wp-block-heading">Article 10.2 | Social safety</h2>



<ol>
<li>Both employee and employer are expected to treat each other and everyone else at work with respect. Unacceptable behaviour, including harassment, sexual harassment, aggression, bullying and discrimination, is inadmissible. The employer is obliged to do everything possible to prevent unacceptable behaviour in the organisation and to guarantee social safety for everyone in the workplace. For this purpose, the employer will follow the advice and guidelines of the Social Safety for Performing Arts Foundation, by, for example, drawing up a protocol and behaviour regulations, by informing everyone at work about this and by ensuring consistent implementation of and compliance with the protocol and regulations. See <a href="https://socialeveiligheidpodiumkunsten.nl/documenten/" data-type="link" data-id="https://socialeveiligheidpodiumkunsten.nl/documenten/">model protocol</a>.</li>



<li>The employer also ensures that employees have access to a professional, external and independent confidential advisor, and if possible also to an internal confidential advisor. The confidential advisor is responsible for handling reports and/or complaints about unacceptable behaviour and informing the complainant about the possible steps for taking action against it. If, for whatever reason, there is (temporarily) no confidential advisor available, then the complainant can contact the disclosure office <a href="https://mores.online/voor-wie/" data-type="link" data-id="https://mores.online/voor-wie/">mores</a>.</li>



<li>Employees who encounter a serious form of unacceptable behaviour can lodge a formal complaint for further investigation and advice with the Social Safety for Performing Arts complaints committee, see <a href="https://socialeveiligheidpodiumkunsten.nl/documenten/" data-type="link" data-id="https://socialeveiligheidpodiumkunsten.nl/documenten/">complaints regulations</a>. This does not affect the possibility of lodging a complaint with an independent complaints committee that may have been set up by an employer who has their own complaints regulations.</li>
</ol>
</article>



<article id="outsourcing" class="wp-block-group has-global-padding is-layout-constrained wp-block-group-is-layout-constrained">
<h2 class="wp-block-heading">Article 10.3 | Outsourcing</h2>



<ol>
<li>If they agree to the conditions under which it takes place, employees can be temporarily outsourced to another employer. A written outsourcing contract is entered into that is signed by all parties concerned: the outsourcing employer, the insourcing employer and the employee.</li>



<li>During the period that the employee is working for the insourcing employer, the insourcing employer is responsible for proper working conditions, and working hours and rest periods.</li>



<li>The insourcing employer is liable for any damage resulting from the employee’s actions, negligence or inadequate functioning in connection with carrying out the activities stated in the outsourcing contract, unless otherwise agreed.</li>



<li>The insourcing employer is responsible for the employee being properly insured for legal liability on account of the activities stated in the outsourcing contract.</li>
</ol>
</article>



<article id="legal-liability" class="wp-block-group has-global-padding is-layout-constrained wp-block-group-is-layout-constrained">
<h2 class="wp-block-heading">Article 10.4 | Legal liability</h2>



<ol>
<li>For the employer’s legal liability, the employer takes out suitable insurance for damage caused or incurred by employees as a result of performing their job.</li>



<li>The employer is obliged to pay for damage incurred by employees as a result of performing their job, unless it was caused by wilful act or deliberate negligence on the part of the employee.</li>



<li>If employees can claim from third parties with regard to damages they have incurred, they lose their entitlement to compensation from the employer. If and insofar as employees pass on their entitlement to compensation to the employer, the employer will pay an advance sum that is offset against what the employer receives from the third party/parties as compensation. In the latter case, the collection charges are paid by the employer.</li>
</ol>
</article>



<article id="working-for-third-parties" class="wp-block-group has-global-padding is-layout-constrained wp-block-group-is-layout-constrained">
<h2 class="wp-block-heading">Article 10.5 | Working for third parties</h2>



<ol>
<li>Work for third parties is understood to mean activities carried out by employees during their term of employment with the employer for other parties than their own employer.</li>



<li>The employee is obliged to inform the employer as soon as possible about working for third parties. If the work involves more than one day, whether the days are consecutive or not, the employee must request permission from the employer, and provide the employer with the necessary information about the activities at the same time.</li>



<li>In principle, the employer cooperates and gives permission for the employee to carry out activities for third parties. The employer may only refuse permission if there is objective justification to do so. Examples of objective justification are: the protection of the employee’s health and safety, the protection of the confidentiality of business information and the avoidance of conflict of interests. These examples are not exhaustive and may also include other interests of the employer.</li>



<li>The employer responds as quickly as possible, but within seven days at least, to the employee’s request. The employer can impose restrictions and/or attach conditions to the permission, such as not paying for hours that are not worked. If an employer has not responded to the request within seven days, the employer is presumed to have given permission.</li>



<li>Working for third parties without permission may lead to the employer imposing sanctions and at worst may form an urgent reason for the employer to terminate the contract of employment with immediate effect and/or to recover the damage incurred from the employee.</li>



<li>Employees who become incapacitated for work as a consequence of working for third parties without permission can therefore forfeit their entitlement to the non-statutory wage supplements referred to in this CAO.</li>
</ol>
</article>


Chapter 10 Chapter 10 Other rights and obligations


<ul class="table_of_contents">
<li><a href="#temporary-early-retirement-scheme-rvu"><span class="nav-article-title">Article 11.1</span> <span class="nav-article-label">Temporary early retirement scheme (RVU)</span></a></li>



<li><a href="#pension-scheme"><span class="nav-article-title">Article 11.2</span> <span class="nav-article-label">Pension scheme</span></a></li>



<li><a href="#stichting-omscholing-dansers-nederland"><span class="nav-article-title">Artikel 11.3</span> <span class="nav-article-label">Stichting Omscholing Dansers Nederland</span></a></li>



<li><a href="#sociaal-fonds-podiumkunsten"><span class="nav-article-title">Article 11.4</span> <span class="nav-article-label">Sociaal Fonds Podiumkunsten (Performing Arts Social Fund)</span></a></li>



<li><a href="#trainees-and-traineeship-fee"><span class="nav-article-title">Article 11.5</span> <span class="nav-article-label">Trainees and traineeship fee</span></a></li>



<li><a href="#agency-staff"><span class="nav-article-title">Article 11.6</span> <span class="nav-article-label">Agency staff</span></a></li>



<li><a href="#vacancy-policy"><span class="nav-article-title">Article 11.7</span> <span class="nav-article-label">Vacancy policy</span></a></li>



<li><a href="#social-commission-for-drama-and-dance"><span class="nav-article-title">Article 11.8</span> <span class="nav-article-label">Social Commission for Drama and Dance</span></a></li>
</ul>



<article id="temporary-early-retirement-scheme-rvu" class="wp-block-group has-global-padding is-layout-constrained wp-block-group-is-layout-constrained">
<h2 class="wp-block-heading">Article 11.1 | Temporary early retirement scheme (RVU)</h2>



<p>On the basis of the Dutch Act ‘Wet bedrag ineens, RVU-heffing en verlofsparen’, employees who meet the conditions below can make use of the scheme set out in this Act in order to take early retirement. The scheme is intended solely for employees born in the period 1955 to 1961, who are no more than 36 months away from the legal retirement age. Employers can agree an RVU arrangement with these employees until 31 December 2025 at the latest. In that case, the RVU payments will not be taxed as an Early Retirement Scheme (RVU) until 31 December 2028 at the latest.<br>The following conditions are applicable:</p>



<ul>
<li>As part of an exit scheme, the employee and employer can make agreements about participation in this RVU scheme; the agreements are set out in a settlement agreement;</li>



<li>Participation is intended for situations in which both parties are of the opinion that it is uncertain whether the employee will be able to remain sufficiently employable until reaching their legal retirement age;</li>



<li>The employee must have been in employment with the employer for at least ten consecutive years directly prior to the exit date;</li>



<li>One consequence of the scheme is that an employer making use of it is not entitled to unemployment benefit or a transition allowance.</li>



<li>In principle, the employer will consider an employee’s request to make use of the scheme favourably, and only refuse the request for important reasons.</li>
</ul>
</article>



<article id="pension-scheme" class="wp-block-group has-global-padding is-layout-constrained wp-block-group-is-layout-constrained">
<h2 class="wp-block-heading">Article 11.2 | Pension scheme</h2>



<ol>
<li>A pension scheme is arranged through the obligation of Stichting Pensioenfonds Zorg en Welzijn (PFZW). The obligation is included in appendix A of the PFZW pension regulations.</li>



<li>Employers in the theatre and dance branch and the employees in employment as defined in the PFZW pension regulations come under the scope of the obligation. As a consequence, they are obliged to comply with the statutes and regulations, and any associated decisions, of PFZW. The pension documents can be found on <a href="http://www.pfzw.nl/" data-type="link" data-id="http://www.pfzw.nl/">www.pfzw.nl</a>.</li>



<li>PFZW sets the annual premium for the compulsory pension scheme.</li>



<li>The affiliated employer pays the total premium to PFZW in good time and deducts the employees’ contribution from the salary of employees who are deemed participants on the basis of the pension regulations.<br>The division of the total premium owed is as follows:<br>&#8211; by the employer: 60% of the total premium.<br>&#8211; by the employee/participant: 40% of the total premium.<br></li>
</ol>
</article>



<article id="stichting-omscholing-dansers-nederland" class="wp-block-group has-global-padding is-layout-constrained wp-block-group-is-layout-constrained">
<h2 class="wp-block-heading">Article 11.3 | Stichting Omscholing Dansers Nederland (Dancers Retraining Scheme)</h2>



<ol>
<li>The employer has arranged a retraining scheme with Stichting Omscholing Dansers Nederland (ODN) for employees who are dancers.</li>



<li>As of 1 January 2022, the premiums paid by employers and employees are as follows:
<ul>
<li>by the employer: 6.93% of the gross monthly salary, including holiday bonus.</li>



<li>by the employee: 2.32% of the gross monthly salary, including holiday bonus.</li>
</ul>
</li>



<li>From the legal transition allowance of a dancer whose contract of employment is terminated (under the terms of the ‘Besluit voorwaarden in mindering brengen op kosten transitievergoeding’) the employer is permitted to deduct the amount of employer’s premiums paid by the employer for the dancer concerned, calculated over the complete duration of the dancer’s term of employment. In the case of a full-time contract of employment, 24 times the dancer’s gross hourly salary per year worked must be deducted from this amount of employer’s premiums. In the case of a part-time contract of employment, this deduction is made pro rata. This deduction is related to the entitlement to the equivalent of 24 career hours per year, as set out in this CAO.</li>



<li>A dancer who works as a self-employed person is entitled to voluntary participation in ODN. The employer/commissioning body informs the dancer about this possibility. If a dancer working on commission wishes to participate, or continue to participate in ODN, the commissioning body will reimburse the part of the premium they would have paid if the dancer had been in employment – in accordance with the provisions in the CAO ODN 2023-2027.</li>
</ol>
</article>



<article id="sociaal-fonds-podiumkunsten" class="wp-block-group has-global-padding is-layout-constrained wp-block-group-is-layout-constrained">
<h2 class="wp-block-heading">Article 11.4 | Sociaal Fonds Podiumkunsten (Performing Arts Social Fund)</h2>



<ol>
<li>The organisations covered by this CAO participate in the Performing Arts Social Fund (SFPK), see www.sfpk.nl. The goals and tasks of the fund, as well as the premium amounts, are set out in the CAO for the Performing Arts Social Fund.</li>



<li>The total premium for the SFPK is 0.8%. This premium is made up of two components: 0.3% social provisions and 0.5% career guidance. The premium is calculated over the gross monthly salary excluding holiday allowance and including fixed allowances. The following division of premium applies to the drama and dance sector:
<ul>
<li>drama employer:   0.65% of the total salary amount</li>



<li>dance employer:    
<ul>
<li>0.15% of the dancers’ salary amount, and </li>



<li>0.65% of the salary amount of other employees</li>
</ul>
</li>



<li>drama and/or dance employee: 0.15%</li>
</ul>
</li>



<li>Self-employed persons can participate on a voluntary basis, on condition that a premium of 0.8% is paid by them or for them, calculated over each invoice from the self-employed person. In their role as commissioning body, employers can make agreements with the self-employed persons working for them.</li>
</ol>
</article>



<article id="trainees-and-traineeship-fee" class="wp-block-group has-global-padding is-layout-constrained wp-block-group-is-layout-constrained">
<h2 class="wp-block-heading">Article 11.5 | Trainees and traineeship fee</h2>



<ol>
<li>Students who carry out activities for the employer as part of their studies or course receive a traineeship fee of € 375 gross per month in the case of five full trainee days per week. A pro rata fee applies to a part-time traineeship. The traineeship fee is exclusive of any allowance for students’ travel and accommodation costs, on agreement with the institution.</li>



<li>Further agreements about the content of the traineeship, supervision, and allowances and insurances are set out in a written traineeship contract signed by the school, the employer and the trainee, in compliance with the provisions included in the Traineeship Policy appendix.</li>
</ol>
</article>



<article id="agency-staff" class="wp-block-group has-global-padding is-layout-constrained wp-block-group-is-layout-constrained">
<h2 class="wp-block-heading">Article 11.6 | Agency staff</h2>



<p>Employers may only enter into contracts with certified agencies that are included in the Stichting Normering Arbeid register (see <a href="http://www.normeringarbeid.nl" data-type="link" data-id="www.normeringarbeid.nl">www.normeringarbeid.nl</a>).<br>The insourcing employer must ensure that the outsourcing organisation applies the terms of employment to the insourced agency staff in accordance with this CAO.</p>
</article>



<article id="vacancy-policy" class="wp-block-group has-global-padding is-layout-constrained wp-block-group-is-layout-constrained">
<h2 class="wp-block-heading">Article 11.7 | Vacancy policy</h2>



<p>In accordance with Article 27 of the Works Council Act, the employer presents the organisation’s vacancy policy to the employee participation body for approval and will inform employees in good time about any vacancies that may arise, so that they can take part in the application procedure.</p>
</article>



<article id="social-commission-for-drama-and-dance" class="wp-block-group has-global-padding is-layout-constrained wp-block-group-is-layout-constrained">
<h2 class="wp-block-heading">Article 11.8 | Social Commission for Drama and Dance</h2>



<p>In order to promote correct and clear interpretation and application of this CAO, the social partners Kunstenbond and NAPK are founding a Social Commission CAO for Drama and Dance. Further provisions regarding the tasks of this Commission, as well as its composition and the procedures to be followed by the Commission are included in the Social Commission CAO for Drama and Dance appendix to this CAO.</p>
</article>


Chapter 11 Chapter 11 Additional provisions

Salary matrix, job descriptions and more

Appendices


<p>The official text of the CAO for Drama and Dance can be found on this website, along with the appendices to the CAO. The CAO for Drama and Dance is the biggest CAO in the performing arts sector, and it regulates the terms of employment for employees. <br><br>The CAO for Drama and Dance applies to all drama and dance companies in the Netherlands, whether or not they are a member of the NAPK (the Dutch Association of Performing Arts). The current CAO runs from 1 January 2024 to 31 December 2024.<br><br>For more details, please see Preamble and formal agreements.</p>



<p>Op deze website staat de officiële tekst van de bepalingen en de bijlagen van de Cao Toneel en Dans. Deze cao regelt de arbeidsvoorwaarden voor medewerkers in loondienst, de werknemers, van podiumkunstproducenten op het gebied van toneel en dans.<br><br>De Cao Toneel en Dans is algemeen verbindend en geldt voor alle toneel- en dansgezelschappen, ongeacht of de werkgever lid is van de NAPK (Nederlandse Associatie voor Podiumkunsten) en ongeacht of de werknemers lid zijn van de Kunstenbond. De huidige cao loopt van 1 januari 2024 tot en met 31 december 2024.</p>



<p>Raadpleeg voor meer informatie over de totstandkoming van de Cao Toneel en Dans de preambule en protocollaire afspraken.</p>
