Appendices

Article 1 | Definition

Combination officers or combi-officers are employees who are appointed in whole or in part on the basis of the Impuls Brede Scholen covenant, and who carry out activities in education alongside their theatre activities. The terms combi-post and combination post are synonymous.

Article 2 | Commencing employment

1. In addition to the obligatory content of the written contract of employment, the details concerning name, address and registered office of the employer, the place(s) where the work is carried out and the job(s) and standard job(s) of the borrowing educational institute must be stated.
2. On commencement of the contract of employment, the employer and the combi-officer make agreements about the allocation of tasks and hours, resulting in a suitable pattern of work.

Article 3 | Exclusion from CAO provisions

1. Insofar as it concerns the activities outside the employer’s organisation, the CAO provisions relevant to the borrowing institute will apply instead of the provisions from the CAO for Drama and Dance, as far as allowances, working hours and rest periods are concerned. If the CAO of the borrowing institute does not offer a suitable alternative, or if the alternative cannot be implemented reasonably and practically, then the provisions of this CAO will remain fully applicable throughout the whole period of employment.
2. The employer and the combi-officer may submit CAO Articles to the Social Commission for Drama and Dance for exemption, either jointly or separately.

Article 4 | Termination of the contract of employment

A termination of or amendment to the subsidy or the subsidy conditions, on the basis of the Impuls Brede Scholen covenant, resulting in the lapse of the combination post, may form a reason to terminate the contract of employment.

Article 5 | Job classification

Employees who are appointed in whole or in part as a combi-officer are classified in accordance with the activities they carry out within the employer’s organisation.

Article 6 | Tasks

Besides the usual performance and appraisal interviews, there is an annual meeting between the employer, the borrowing institute and the employee about the arrangement of the tasks. At this meeting, parties make agreements about the following matters at least:

• nature and scope of educational tasks;
• nature and scope of extracurricular tasks;
• availability and work schedule;
• arrangement of holiday leave;
• work discussions.

1. Application

The guideline below is intended as a recommendation for the compensation of employees in performance-related jobs who cannot earn sufficient income as a result of activities for a production that are very limited in scope and broken up in time. Depending in part on the practical experience of implementing this recommendation, it may be amended during the duration of this CAO.
The guideline is intended for situations in which rehearsal and/or performance dates of a production do not fall in a continuous contract period and whereby the activities take place on separate days and/or in clusters of a few days with gaps between them of longer periods of several days or weeks. If this is the case and the employee is only used for a few days in a week or month, the employee must receive a contract for a whole week, two weeks or a month. A higher part-time factor must be applied to these contracts. See the examples in the tables below.
If work is done on only one day in a week or month, then a day contract may be given with a higher rate, as included in Article of this CAO under the definition of the term day contract.

For situations to which the examples in the tables do not apply, contractual agreements must be made that correspond to the intention of this guideline: the financial compensation (in whole or in part) of employees for limited work for which they receive limited income and limited fringe benefits.

2. Recommendation on the scope of week contracts

The principle is that separate working days within 1 week are included in a week contract. In two consecutive weeks, if work is done for a few days a week (e.g. 2×2 or 2×3), then these days are included in a contract for the duration of 2 weeks. The part-time factor is increased by at least 0.2 FTE to a maximum of 1 FTE. If work is done for 5 days (of 8 hours) in one week, then this is counted as a full working week of 1 FTE and the recommendation for an increase does not apply in that case.

3. Recommendation on the scope of month contracts

The principle is that separate days spread over 3 or 4 weeks are included in a month contract. The part-time factor is increased by at least 0.2 to 0.3 FTE to the maximum of 1 FTE. From 15 working days to a full month contract (an average of 21.75 working days of 8 hours), the recommended scope is therefore 1 FTE.

General

These regulations cover an allowance for accommodation expenses incurred by performing artists and performance-related staff in carrying out activities requested by the employer.

In the case of activities carried out outside the company location, the amounts stated in Article 3 of this appendix are paid out as a fixed allowance, unless agreed with the employee participation body that the allowance is to be paid on the basis of declaration or that certain allowances are to be compensated in kind (in whole or in part). The amounts are applicable per employee, regardless of the scope of the contract of employment. If the allowance is agreed on the basis of declaration, the maximum of the amounts below will apply.
The evening meal allowance for activities at the company location will be paid on the basis of declaration, unless the meal is provided by the employer.

The amounts are indexed annually on 1 August by the average percentage of the Consumer Price Index (hotels, cafés, restaurants) of the CBS (‘Jaarmutatie CPI afgeleid’) from January to December of the previous year, up to the maximum of the exemptions specified in the ‘Handboek Loonheffingen’ published by the tax authorities.

Article 1 | Explanation accommodation expenses for the Netherlands and Dutch-speaking Belgium

Article 2 | Explanation accommodation expenses for abroad

1. The amounts are paid out on a daily basis during travelling and staying abroad, unless the allowances are included in the accommodation arranged and paid for by the employer or provided by the performance location, or in other situations where it has been agreed with the employee participation body to pay certain allowances in kind (in whole or in part).
2. If, in the opinion of the employee participation body and/or the employer, the price levels of a country or city necessitate it, higher amounts than stated in this allowance under Article 3 abroad may be agreed for that destination on an incidental basis, by mutual agreement.

Article 3 | Schedule of amounts of allowances of accommodation expenses

1. General

These regulations cover the reimbursement of the legal deductible of employees who incur healthcare costs as a result of incapacity for work and/or injuries caused by or due to all work-related activities or work-related injuries throughout which the employee continues to work. The legal deductible is defined as the annual amount set by the government as the obligatory deductible for healthcare costs.

2. Conditions of reimbursement

1. Reimbursement of the legal deductible will apply only to employees who work for the employer on the basis of a contract of employment and are thus covered by the CAO.
2. Reimbursement will be made only for the healthcare costs that come under the remaining legal deductible in a certain year and which are the direct result of an injury or accident that occurred through carrying out professional duties. If such an injury/accident occurs, the employee must notify the employer of this as soon as possible. Costs within the legal deductible resulting from injuries or complaints that are not connected to carrying out professional duties or which arise outside the scope of the professional duties or during work for third parties will not be reimbursed.
3. If in a certain year the deductible has been paid because of healthcare costs that do not come under the aforementioned declarable costs, costs can no longer be declared on the basis of this reimbursement scheme if an industrial accident should occur later in the same year.

3. Method of declaration

Declarations of the legal deductible that meet the conditions above will be dealt with at least once a year. In principle, the declarations concern the previous calendar year. If, by January, an employee has not yet received a final decision on the amount of the legal deductible (or remaining deductible) that has been paid, the costs concerned must be declared in January of the following year, unless the employer makes other arrangements for this.

Declaring costs is the individual responsibility of every employee. The legal deductible can be declared annually in January or at another time set by the employer, on the basis of a completed application form. The form must be accompanied by photocopies of invoices and a specification from the healthcare insurer of the legal deductible (or remaining legal deductible). Employees must submit the application form and the required enclosures to the employer before the set deadline. Applications will be dealt with in confidence.

4. Assessment committee

The application will only be assessed by a committee comprising at least two people that has been appointed for this purpose by the employer. The tasks of this committee are to assess the applications, to determine the reimbursement amounts and to ensure payment of the reimbursement amounts. The committee will deal with all the details concerning the applications and medical treatment in strict confidentiality. The committee will announce its decisions to the applicants in writing by the month of May at the latest. Correspondence about the committee’s decisions may not be entered into.

5. Method of payment

Approved applications will be transferred by the employer as a regular declaration to the bank account of the employee concerned.

Article 1 | Tasks, composition and secretary of the Commission

1. 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 (hereinafter the Commission). The Commission comprises four members and four deputy members, of which two members and two deputy members are appointed by NAPK and two members and two deputy members by Kunstenbond. The Commission elects a chair from it ranks, preferably in such a way that this post is occupied in turn by each of the social partners. If required, the Commission can be temporarily expanded by an independent chair.
2. The tasks of the Social Commission are:
   1. Giving a viewpoint/decision or advice to an employer/employers, an employee/employees, social partners or other parties concerned regarding the definition and/or application of the provisions in this CAO;
   2. At the request of an employer of employers, dealing with requests for exemption from provisions in this CAO, see Article 4 of this Appendix;
   3. Giving weighty advice to employer(s) or employee(s) in the case of disputes about the definition and/or application of this CAO. At the request of parties concerned the advice may be considered as binding.
3. The secretary of the Commission is located at NAPK, e-mail info@napk.nl.

Article 2 | Procedure for submitting an appeal

1. A request for a viewpoint/decision, exemption or (binding) advice about the interpretation and/or application of this CAO may be submitted by employers, employees, CAO parties and other parties concerned at any time by e-mail to the secretary of the Commission, via info@napk.nl;
2. A request as referred to in section 1 will only be dealt with after the request has been submitted with reasons in writing via e-mail. A request for advice must state:
   • full name and address of the opposite party/parties;
   • which Article(s) of the CAO pertain to the request;
   • dthe facts and circumstances that have led to the dispute, and the conclusion that should be drawn from this in the opinion of the claimant;
   • signature of the claimant and date.
3. The secretary will send the appeal and any appendices within 14 days of receipt to the members and deputy members of the Commission, and – in the case of a dispute – also to the opposite party.
4. The opposite party is given the opportunity to submit a written defence to the Commission by sending it to the secretary, within 21 days of the secretary sending the appeal and any appendices. The secretary immediately sends on the written defence and any appendices to the Commission.
5. The secretary will send a copy of the written defence within 14 days of receipt to the members and deputy members of the Commission, and to the claimant.

Article 3 | Procedure for dealing with an appeal

1. The period during the date of the deadline for submitting the written defence and the date it will be dealt with by the Commission will be at least 21 days.
2. The Commission will deal with the case preferably within two months, but at the latest within four months of submission of the appeal by the secretary. Exemption may be granted under restrictions; conditions and/or regulations may be applied.
3. If the Commission sees a reason to do so on the grounds of the appeal and/or written defence, it can request parties for additional written reactions and/or information. In each case, the Commission sets the deadline for receipt of these documents by the secretary. If further reactions and/or information are requested, the case will be dealt with by the Commission preferably within four months, but at the latest within six months of the appeal being submitted to the secretary.
4. If the Commission sees a reason to do so, it can summon parties, witnesses or experts to give further information. Such a summons takes place at least 14 days before the case is dealt with.
5. The Commission takes a decision by majority vote and determines its binding advice outside the presence of parties to the dispute.
6. The Commission determines what costs are to be charged to which party. If the costs are charged to the employee (in whole or in part), the employer is entitled to deduct this sum from the salary owed to the employee by the employer, in compliance with the legal provisions and with the obligation to pay the amount owed to the Commission within one week of the deduction. The parties’ costs do not include the costs of any legal aid.
7. The advice is drawn up in writing, giving reasons. A copy of the advice signed by the chair and the secretary is sent to each of the parties and to all members and deputy members of the Commission within the set term (four or six months).
8. Due to the importance of the advice for the CAO and for collective bargaining, the Commission may decide to send the anonymised advice to the Social Partners. Parties to the dispute will be notified of this.

Article 4 | Exemption regulations

1. At the request of the employer(s) covered by the scope of this CAO, the Committee can grant exemption from the application of the CAO or its provisions. CAO parties hereby implement the recommendation of the Stichting van de Arbeid to preferably regulate the exemption from a sector CAO independently and transparently.
2. A request for exemption from the application of the CAO or its provisions must be submitted in writing, giving reasons, to the Committee secretary by e-mail info@napk.nl. The Committee is authorised to decide on an exemption request on behalf of CAO parties.
3. A request for exemption must contain at least the following:
   • full name and address of the applicant(s);
   • the CAO provision(s) to which the request pertains;
   • reasons for the request;
   • signature(s) of applicant(s) and date.
4. Exemption from this CAO or its provisions may be granted if the situation of the applicant(s) differs from the usual situation in the sector or one of its segments (temporarily or permanently) to such an extent that the employer(s) cannot reasonably be required to fully apply the CAO or its provisions.
5. On request, the applicant will provide details and documents, or additional details and documents necessary for assessing the request, within the stipulated term. A request is dealt with when the information provided is sufficient for assessing the request.
6. Within two months of the date of receipt of the complete dossier of the request for exemption, the Committee will give a decision in writing, with reasons. If necessary, the decision term of two months may be extended by a maximum of one month.
7. The Committee secretary will send the written decision to the applicant as soon as possible.
8. Exemption will be granted for the duration of the CAO at the most and may be granted with restrictions; i.e. conditions and/or regulations may be attached to the exemption. If a new CAO is applicable, applicants may submit a new request for exemption, if they wish.

Article 5 | Procedural costs

NAPK and Kunstenbond will make further agreements about the costs of the Commission and the secretary regarding the execution of the Commission’s tasks.