Chapter 6Allowances

Article 6.1 | Professional expenses

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:

1. the employer provides material and resources necessary for carrying out the profession properly;
2. employees are responsible for providing material and resources and can declare the expenses for them to the employer;
3. the employer gives a fixed allowance for the specified expenses. This allowance lapses if the employee has not worked for more than six weeks.

Article 6.2 | Allowances for activities outside the company location

1. 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.
2. 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.
3. 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.

Article 6.3 | Meal provision or allowance at the company location

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 accommodation expenses 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.

Article 6.4 | Cooperation on publicity

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.

Article 6.5 | Cooperation on and publication of audiovisual recordings

Definitions of terms used in this Article:

1. Cooperation on audiovisual recordings
   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.
   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.
2. Entitlement to fees and exceptions
   1. 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.
   2. 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.
      • publicity and/or marketing purposes
        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.
        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.
      • benefit events
        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.
      • non-commercial educational purposes
        This is the case when the recording/publication is used solely as teaching material for education.
      • the producer’s sales purposes
        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.
3. Employees’ right to information
   1. Schedules and agreements
      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.
      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.
   2. Exploitation and income
      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.
4. Permission for publication
   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.
5. Nude scenes
   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.
6. Acknowledgement
   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’.
7. Remuneration based on the Dutch Neighbouring Rights Act
   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:
   1. A gross sum of € 45 per employee for a livestream of a performance.
   2. 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.
   3. 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:
      – € 100 gross for a period of 5 years OR
      – € 250 gross for a period of 10 years OR
      – € 500 gross for an unlimited period.
   4. In addition, employees entitled to WNR receive supplementary remuneration if there are substantial marginal returns for the employer, after deduction of the fees referred to in 7a, 7b and 7c 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.

Article 6.6 | Reinforcement of the trade union contribution

1. 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.
2. Insofar as permissible by the tax authorities, the employer will reimburse the employee’s contribution for union membership – on production of proof of membership – while simultaneously having the gross salary reduced by an equal amount.
3. 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.

Article 6.7 | Allowance for legal healthcare insurance excess

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.

Article 6.8 | Compensation for commuting expenses

The employer makes a suitable arrangement for the organisation to compensate the employees’ commuting expenses.

Article 6.9 | Allowance for appearing as an extra

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.

Article 6.10 | Allowance for emergency response and prevention officers

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.

Article 6.11 | Allowance for working from home

1. 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.
2. 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 nibud.