Article 1.1 | Definitions and abbreviations
| activities | The activities agreed on between employer and employee. |
| atv | 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. |
| break | 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). |
| cabaret | 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. |
| circus | 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. |
| company location | The place(s) where the employer is based and where the employee works. |
| contract of employment | The agreement concluded between employer and employee as specified in Art. 7:610 of the Civil Code. |
| dance | See drama and/or dance. |
| day contract | 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. 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. |
| day off | 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. |
| drama and/or dance | 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. |
| employee | Employees covered by this CAO include: Any natural person who has a contract of employment with an employer as defined in this CAO, with the exception of: – employees of DNO&B who are not part of the department Dutch National Ballet, and to whom the Dutch National Opera & Ballet CAO applies on the basis of their contract of employment; – 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); – 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; – 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; – 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. |
| employee participation body | Representation of the personnel, such as a works council (OR), staff representation or staff meeting. |
| employees’ organisation | Kunstenbond/Arts Union |
| employer | Employers covered by this CAO include: 1. Any legal entity, who: – 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 – for this purpose employs one or more employee(s) on the basis of a contract of employment, as defined in this CAO, and who – produces drama and/or dance on the basis of continuity, by rehearsing and/or performing one or more productions for an audience during at least six months a year. 2. Laswerk|Duda Paiva Company, based in Amersfoort; Dutch National Opera & Ballet (DNO&B), department Dutch National Ballet, based in Amsterdam; Oorkaan, youth music company, based in Amsterdam, Panama Pictures, based in ‘s-Hertogenbosch. |
| employers’ organisation | Nederlandse Associatie voor Podiumkunsten (NAPK)/Dutch Association of Performing Arts |
| GDPR | General Data Protection Regulation |
| gross hourly wage | In the case of a 40-hour working week, the gross hourly wage is 1/174 of the gross monthly salary. In the case of a 38-hour working week, the gross hourly wage is 1/165 of the gross monthly salary. |
| holiday worker | Pupil or student who works during holidays for a maximum of eight weeks per year. |
| journey time | 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. |
| music | 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. |
| musical | 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. |
| night shift | A shift in which more than one hour of work is carried out between 00.00 and 06.00. 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. |
| opera | 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. |
| operetta | 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. |
| other personnel | 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. |
| partner | 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. |
| performance-related personnel | 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. |
| performing | Someone performing as an actor, dancer, musician/singer, cabaret artist, mime artist, acrobat or other type of artist or multidisciplinary artist. |
| puppetry | 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. |
| rest period | The hours that are not working hours and which do not coincide with a free day. |
| salary | 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. |
| season | 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. |
| shift | 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. |
| social commission | 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. |
| trainee | 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 the content of a 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. |
| WagwEU | Employment Conditions (Posted Workers in the European Union) Act |
| WAZO | Work and Care Act |
| WNR | Neighbouring Rights Act |
| week/working week | An unbroken period of 7 x 24 hours in which work is carried out in accordance with the shift timetable that has been set. |
| working day | A day on which work is carried out in accordance with the scheduled shift (see definition of shift). |
| working hours | The hours in which work is carried out for the employer (ATW). |
| working week | Each organisation opts for: a 40-hour working week whereby atv days are allocated. OR a 38-hour working week whereby no atv days are allocated. |
| werknemersorganisatie | Kunstenbond |
| zzp’er | 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. This CAO includes some provisions that state explicitly that they relate to zzp’ers. The other CAO provisions do not apply to zzp’ers. |