CAO for Theatre and Dance

Chapter 11Additional provisions

    Article 11.1 | Temporary early retirement scheme (RVU)

    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.
    The following conditions are applicable:

    • 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;
    • 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;
    • The employee must have been in employment with the employer for at least ten consecutive years directly prior to the exit date;
    • One consequence of the scheme is that an employer making use of it is not entitled to unemployment benefit or a transition allowance.
    • 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.

    Article 11.2 | Pension scheme

    1. 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.
    2. 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 www.pfzw.nl.
    3. PFZW sets the annual premium for the compulsory pension scheme.
    4. 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.
      The division of the total premium owed is as follows:
      – by the employer: 60% of the total premium.
      – by the employee/participant: 40% of the total premium.

    Article 11.3 | Stichting Omscholing Dansers Nederland (Dancers Retraining Scheme)

    1. The employer has arranged a retraining scheme with Stichting Omscholing Dansers Nederland (ODN) for employees who are dancers.
    2. As of 1 January 2022, the premiums paid by employers and employees are as follows:
      • by the employer: 6.93% of the gross monthly salary, including holiday bonus.
      • by the employee: 2.32% of the gross monthly salary, including holiday bonus.
    3. Under the terms of the ‘Besluit voorwaarden in mindering brengen op kosten transitievergoeding’, the employer is permitted – as partial compensation for the employer’s contribution to ODN – to deduct the amount of employer’s premiums paid by the employer to ODN from the legal transition allowance of a dancer who, on terminating their contract of employment, is entitled to that allowance, in accordance with Article 7:673, paragraph 1 of the Civil Code, whereby at least 50% of the accrued amount of transition allowance remains.
    4. 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.

    Article 11.4 | Sociaal Fonds Podiumkunsten (Performing Arts Social Fund)

    1. 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.
    2. 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:
      • drama employer: 0.65% of the total salary amount
      • dance employer:
        • 0.15% of the dancers’ salary amount, and
        • 0.65% of the salary amount of other employees
      • drama and/or dance employee: 0.15%
    3. 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.

    Article 11.5 | Trainees and traineeship fee

    1. 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.
    2. 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.

    Article 11.6 | Agency staff

    Employers may only enter into contracts with certified agencies that are included in the Stichting Normering Arbeid register (see www.normeringarbeid.nl).
    The insourcing employer must ensure that the outsourcing organisation applies the terms of employment to the insourced agency staff in accordance with this CAO.

    Article 11.7 | Vacancy policy

    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.

    Article 11.8 | Social Commission for Drama and Dance

    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.