The provisions in this chapter are applicable, insofar as relevant, to all personnel groups: performing artists, performance-related personnel and other personnel. Other personnel includes all employees who are not in the groups of performing artists and/or performance-related artists, and who usually have a regular pattern of work from Monday to Friday. These employees are covered by the standard provisions of the ATW. Employers from each organisation make further agreements with their employees within the limits of this Act. The employer ensures the best possible balance between working hours and rest periods, in accordance with the legally required working conditions policy and, where possible, taking account of the personal circumstances and wishes of employees. If these do not correspond to the interests of the organisation, the interests of the organisation will prevail.
Article 4.1 | Announcement of the schedules
As far as possible, the schedule for the calendar year or season will be set before or at the start of the calendar year or season, following agreement with the employee participation body. Activities that cannot be planned in advance will be announced at least one week beforehand, with the exception of emergencies.
The employer will inform the employee about the activities (and any special circumstances) of a working week 12 days prior to that working week at the latest.
Performance dates are announced in writing four weeks beforehand. In the case of unforeseen circumstances, this rule may be deviated from in agreement with the employee participation body.
With regard to employees whose working hours amount to less than 60% of a full-time contract of employment, the employer is obliged to announce which (optional) days and times the employee is required to work at least six weeks in advance. On this basis, the employee can enter into commitments regarding work for third parties.
Article 4.2 | Breaks
If the working hours are longer than 5.5 hours, there will be one break of at least half an hour or two breaks of 15 minutes. If the working hours are longer than 10 hours, there will be one break of at least 45 minutes or three breaks of 15 minutes.
The employee is entitled to a lunch break of at least half an hour if the working hours are longer than 5.5 hours, if they start before 12.00 and end after 14.00.
The employee is entitled to a dinner break if the working hours are longer than 5.5 hours, if they start before 16.00 and end after 19.30. The length of the dinner break is at least:
1 hour in the case of activities in the company location, if dinner can be eaten on the working premises;
1.5 hours in the case of activities in the company location, if dinner cannot be eaten on the working premises;
1.5 hours in the case of activities outside the company location, if dinner can be eaten on the working premises;
2 hours in the case of activities outside the company location, if dinner cannot be eaten on the working premises;
Breaks of half an hour or longer are not counted as working hours.
On agreement with the employee participation body, the employer can implement different break regulations. In that case, the breaks are counted as working hours.
Article 4.3 | Availability per season
The employer can ask an employee to be available for 1720 hours per calendar year/season. All travelling times in the Netherlands and abroad are included in calculating this availability. In the case of a 40-hour working week, the maximum number of working days per year is 215. In agreement with the employee participation body, this can be extended to a maximum of 221, by splitting up a maximum of 6 of the 12 atv days into half atv days. In the case of a 38-hour working week, the maximum number of working days per year is 227
Broad overview of days and hours
Working hours per year/season
40 hours per week / 8 hours per day
38 hours per week / 7.6 hours per day
Days
Hours
Days
Hours
Average number of days and hours per year
365
2920
365
2774
Statutory holiday days
– 20
– 160
– 20
– 152
Non-statutory holiday days
– 7
– 56
– 7
– 53,2
Public holidays (average)
– 7
– 56
– 7
– 53,2
Weekends or days off instead of weekends
– 104
– 832
– 104
– 790,4
Atv days, standard
– 12
– 96
n/a
– 5,0*
Maximum number of working days/hours minus 12 whole atv days
215
1720
227
1720
Option in agreement with the employee participation body: Atv split into at least 6 whole days
– 6
– 48
n/a
n/a
and a maximum of 12 half days
– 12
– 48
n/a
n/a
Maximum number of working days/hours minus 6 whole and 12 half atv days
221
1720
227
1720
* A correction of 5 hours on an annual basis is applied in order to cancel out the effect of rounding off in the calculation method. The principle that the allocation of 12 atv days leads to a working week of 38 hours per week is only approximately correct: in actual fact, allocating 12 atv days leads to a working week of 37.88 hours per week.
In the case of activities that cannot be planned beforehand (e.g. repeat performances), the working hours can be extended by a maximum of 200 hours to a maximum of 1920 hours per year. For dancers, the working hours can be extended by 80 hours to a maximum of 1800 hours per year, in agreement with the individual employee. The employer and employee agree to compensate these overtime hours in time or in money, based on the hourly wage in accordance with the factor monthly salary/165. Except for emergencies, the employee is not obliged to work overtime.
Article 4.4 | Activities during unscheduled hours
The employer can request the employee to carry out activities outside the scheduled hours. The employee is not obliged to do so, unless agreed in the individual written contract of employment and except for emergencies. Working hours outside the scheduled hours will be compensated in time as soon as possible, or else saved up by mutual agreement between employer and employee and allocated at a later date.
Article 4.5 | Activities abroad
The employer will announce the tours to be made in good time. If tours last longer than 15 days, the employer will give all the relevant information to the employee participation body well in advance.
Only in consultation with the employee participation body can the employer make alternative agreements about the allocation of days off, rest periods, breaks and atv days, in connection with a foreign tour. These agreements may not be materially worse on average than the regulations in this CAO.
Section 2 | Working hours and rest periods for performing artists
This second section of chapter 4 applies to performing artists aged 18 and up (dancers, actors, musicians and singers, etc.), who are excluded from the working hours and rest periods provisions of the Working Hours Act (ATW). For the aforementioned performing artists, performance time counts as working hours and no classes or rehearsals will be planned on Sundays in principle.
Article 4.6 | Rest periods
Daily rest periods
Employees are entitled to an unbroken rest period of at least 11 hours in each continuous period of 24 hours. This rest period is calculated from the end of a shift, or else – if it occurs outside the company location – from the time of arrival back at the company location. For dancers, this unbroken rest period will be more than 11 hours as a rule, in accordance with the agreements set out for this in the company regulations.
In the case of a dress rehearsal, the rest period may be shortened to no less than 8 hours, with the agreement of the employee participation body and no more than twice per season. Contrary to this rule, for dancers the rest period may be reduced, no more than twice per season, to at least 10 hours, with the agreement of the employee participation body.
Between the end of the afternoon activities and the start of the evening activities, dancers are entitled to a rest period of at least 2 hours.
Weekly rest periods Employees are entitled to an unbroken weekly rest period of at least 36 hours in each continuous period of 7 x 24 hours. Contrary to this rule, an unbroken rest period of at least 60 hours in each continuous period of 12 x 24 hours can be implemented, with the agreement of the employee participation body. This deviation from the rule does not apply to dancers.
Article 4.7 | Performance-free weeks for actors
An actor who plays main roles in two consecutive productions is entitled to a period of at least two performance-free weeks between the last performance of one production and the dress rehearsal of the next production.
Section 3 | Working hours and rest periods for performance-related personnel
The provisions in this section are based on both the Working Hours Decree (ATB, section on performing arts) and the Working Hours Act (ATW). The performance-related personnel includes, as a rule, technicians/stage managers, rehearsal directors, directors, stage director’s assistants, ballet masters, prompters, production directors and assistants, education staff, tour supervisors, costume, wigs, make-up and scenery assistants.
Article 4.8 | Working hours and rest periods in the Netherlands
General In the case of activities outside the company location in the Netherlands, the shift begins at the start of the activities at the performance venue and ends at the time of arrival back at the company location, or else – if not returning to the company location – at the overnight accommodation. The rest periods are allocated in such a way as to ensure that there is always a period of at least 8 hours between the time of arrival back at the company location or the overnight accommodation and the time of departure from the company location or the accommodation the following day.
Daily working hours and rest periods
The employer will organise the work in such a way that the employee:
does no more than 12 hours’ work per shift, followed by an unbroken rest period of at least 11 hours, whereby the rest period may be reduced to no less than 8 hours no more than 10 times per year and 4 times per period of 4 consecutive weeks, or
with the agreement of the employee participation body, does no more than 14 hours’ work per shift, providing that this shift is followed by an unbroken rest period of at least 24 hours. This may be applied no more than 26 times per period of 52 consecutive weeks, or
with the agreement of the employee participation body, has an unbroken rest period of at least 11 hours in a period of 24 consecutive hours, whereby the rest period may be reduced to no less than 8 hours no more than 117 times per period of 52 consecutive weeks. In that case, the shift may comprise no more than 16 hours, including breaks and travelling time. If this is followed by a day or night shift of no more than 12 hours, this shift will be followed by an unbroken rest period of at least 24 hours.
The employer will also organise the work in such a way that the employee does no more than 12 hours’ work per day or night shift that ends after 02.00, followed by an unbroken rest period of at least 14 hours. Once per unbroken period of 7 x 24 hours, this rest period may be reduced to no less than 8 hours no more than 10 times per year.
Weekly working hours and rest periods
In each unbroken period of 7 x 24 hours, the employee will do no more than 65 hours of work. During the two weeks prior to a premiere, the employee will do no more than 72 hours of work per week.
In each unbroken period of 4 weeks, the employee will do no more than 50 hours of work per week on average. In each unbroken period of 13 weeks, the employee will do no more than 45 hours of work per week and in each unbroken period of 52 weeks, an average of 38 hours of work per week.
In each unbroken period of 7 x 24 hours, the employee is entitled to an unbroken rest period of at least 36 hours. In deviation from this rule, with the agreement of the employee participation body, an unbroken rest period of at least 60 hours in each unbroken period of 12 x 24 hours may be applied instead.
Working hours and rest periods abroad
In the case of performances abroad, the working hours included in this CAO will be observed, unless critical unforeseen circumstances necessitate deviating from them. The employee participation body will be notified of this necessity.
In the case of activities at performance venues abroad, the travelling time to and from the performance venue counts as working hours.
In the case of flights where there is a difference in time zone of more than four hours, a rest period of at least 24 hours is scheduled after arrival, in order to acclimatise, before commencing the activities. If necessary, this rule may be deviated from, in agreement with the employee participation body.
Working hours in the case of overnight stays
In the case of an overnight stay following activities outside the company location, the working hours end on arrival in the overnight accommodation and start the next day on leaving the overnight accommodation. If the employee decides to arrive at the overnight accommodation later than strictly necessary, the time at which the employee could have arrived is counted as the ending time of the working hours.
If several performances take place in series at the performance venue where the overnight accommodation is located, a fixed 8-hour period of working hours is calculated, or the actual number of hours if that is more than 8, for the second and subsequent day(s).