KHN. Terms and Conditions of Employment. KHN makes out a case for the hotel, restaurant and café industry and related industries

Transcription

1 KHN Terms and Conditions of Employment KHN makes out a case for the hotel, restaurant and café industry and related industries

2 Disclaimer Dutch law is aplicabel. Dutch version is leading. Attention: These regulations can be applied by companies that carry on businesses in the hotel, restaurant and café industry and related industries to the extent that a legally valid or universally binding Collective Labour Agreement is not applicable to the company. The statutory rules for employee participation are applicable upon the introduction and application of these regulations. If followed then the regulations are applicable as collective regulations for the Dutch Working Hours Act. These regulations were established through cooperation between Koninklijke Horeca Nederland and AWVN. Version 2.2 of May 2014

3 Important! Koninklijke Horeca Nederland prepared the model of the Terms and Conditions of Employment with the model employment agreements with due care. When you establish the same with consent of your employees then they become your terms and conditions of employment. Also and mostly if you deviate from the KHN model this will be at your own risk and expense.

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5 Table of Contents (in conformity with the Collective Labour Agreement up to and including March 2014) Topic 1 My Work page Model of the Terms and Conditions of Employment (TCE) page Employer page Hotel, restaurant and café establishment page Application of the TCE page Employee page Fully competent employee page Young employee page Knowledge Centres for Vocational Education and Trade and Industry page Skilled worker page Stand-by worker page Seasonal worker page Apprentice page Trainee page Partner page Reference job page Business function page Job page Job group page Job category page Manual Reference Jobs Hotel, Restaurant and Café Industry page On-call duty page Salary for the skilled worker aged 22 and over page Monthly salary page Gross hourly salary page Part-time page State pension age page Good employment practices (employer) page Good employment practices (employee) page Security deposit page 15

6 1.30 Employment in front office of accommodation provider page Employment for third parties page 16 Topic 2 My TCE and Employment Agreement page Proportionate application of these TCE page Exception trainees page Minimum character page Written employment agreement page Probationary period page Statutory provisions in case of termination of an employment page Fixed-term employment agreement page Notification of expiry or renewal of fixed-term employment of 6 months of more page Deficit hours page Rights and obligations from previous CLAs and the TCE model page Individual arrangements page Term and validity of TCE page 20 Topic 3 My Time page Duty and work roster page Adjustment of duty and work roster page Registration page Normal working time page Peaks and troughs page On-call duty page Working time in case of on-call duties page Working on Sundays page Nigh duties page Overtime definition page Overtime definition in case of on-call duties page Reimbursement of overtime page Payment of overtime in cash page 24

7 3.14 Public holidays page Holiday compensation page Extraordinary leave page Holiday year page Accrual of holiday hours page Holiday hours of apprentice page Exception stand-by worker page Establishment of a holiday page Duration of a holiday page Consecutive holidays page Change of holiday period by employer page 27 Topic 4 My Job and Remuneration page Job classification page Responsibility for classification page Dispute about classification page Performance of job page Performance and evaluation of the performance page Assessment of performance page Job change page Skilled and fully competent worker page Vesting increment and/or no skilled worker page Night surcharge front office in case of accommodation providing companies page Gross hourly salary in case of on-call duty page Youth salaries page Remuneration during on-call duty page Performance increase page Salary for the apprentice page Working time exceeds 1,976 hours page No work performed then no salary payable (first 6 months) page Payslip page Withholdings page Holiday allowance page 36

8 Topic 5 My Development page Development budget page Work placement companies page Practical training agreement page Employment agreement with work placement company page Working time of apprentice page Link practical training agreement / employment agreement for apprentices page Termination of practical training agreement page Learning whilst working page The apprentice trainer page Trainees page 40 Topic 6 My Choice page Objective permissible for tax purposes page 41 Topic 7 My Vitality page Waiting days page Continued salary payment in case of sickness page Rules in case of sickness page Fluctuating number of working hours page Full or partial resumption of work page Rules page Right of recourse page Customised rules page Health and safety officer page Working Conditions Catalogue page Industry RI&E instrument page 45

9 SCHEDULES (part of the TCE) Schedule I Working time, duties and age categories page 46 Schedule II Salary Table Terms and Conditions of Employment Koninklijke Horeca Nederland - 1 April 2014 page 52 Schedule III Rules in case of sickness page Reporting sick page Consulting a GP page Staying home page Making visit possible page The correct address page Not hindering recovery page Performing duties page Staying abroad page Personal Declaration page Visiting consulting hours page Medical examination page Recovery and reintegration page If you do not agree with a decision page If you have a complaint page Reporting sick from abroad page Supply of information to your employer page Recovery of continued salary payment page Sanctions page 55 Fixed-term employment agreement stand-by worker page 56 Open-term employment agreement stand-by worker page 60 Employment agreement for apprentices page 64 Fixed-term employment agreement page 68 Open-term employment agreement page 72

10 Topic 1 My Work In this topic definitions are explained that are applicable to these TCE. 1.1 Model of Terms and Conditions of Employment (TCE) This model and subsequent versions of the model that is established by Koninklijke Horeca Nederland. 1.2 Employer If you operate a hotel, restaurant and café establishment and you consequently employ one or more employees within the meaning of these terms and conditions of employment. 1.3 Hotel, restaurant and café establishment 1. The company in which the hotel, the pension, the restaurant, the café, the cafeteria, the lunchroom or the catering business (not including the contract catering business) is conducted. 2. Other companies in which the provision of accommodation, coupled with services or the supply of meals, food or beverages for consumption on the spot, is conducted as a business. 1.4 Application of the TCE 1. The TCE are applies, even if the company conducts the hotel, restaurant and café establishment and related activities (however excluding contract catering) in the area of the operation of care, sports, recreation, stock exchange station or airport company then these activities with wage bill are related to the hotel, restaurant and café establishment. 2. Exception: The TCE are not applied if a different legally valid CLA is applicable to the company as a whole. This is the case if a notification of receipt has been issued for that CLA (article 4 of the Dutch Wage Formation Act). 1.5 Employee 1. The person who is employed by an employer in pursuance of an employment agreement. In these TCE the employee is, where possible, referred to in the masculine form, however this is understood to also include the feminine form. 2. Exception: a. the employee / director of an NV / BV who is not (no

11 longer) compulsorily covered by the statutory employee insurance schemes; b. the employee who is the partner of the employee / director as intended under a. and who is not compulsorily covered by the statutory employee insurance schemes; c. the employee who is a family member (up to and including the third degree) of the employee / director as intended under a. and who is (fellow) director or financial partner in the company of the employer and who is not compulsorily covered by the statutory employee insurance schemes; d. the employee who is the partner of the employer and who is not compulsorily covered by the statutory employee insurance schemes; e. the musician and the artist. 1.6 Fully competent employee The employee aged 22 or over, unless he has been placed in the vesting increments (employment agreement prior to 1 April 2014) or who is not a skilled worker. 1.7 Young employee The employee aged 17 and under. 1.8 KBB The Knowledge Centres for Vocational Education and Trade and Industry established pursuant to the Dutch Adult and Vocational Education Act, including Kenwerk. 1.9 Skilled worker An employee is a skilled worker and hence competent if he demonstrably has sufficient hours of experience in the relevant position. This is certainly the case if he accrued 1,976 hours of experience in the position, regardless whether in fulltime or in part-time employment, at his own employer. If at the conclusion of the employment agreement the employee is not skilled yet then it is included in the employment agreement how many hours he still needs to accrue. The hours of experience are the hours as from the age of Stand-by worker The employee who is basically employed on an incidental basis without having agreed on a fixed number of hours or a fixed pattern of hours.

12 The stand-by worker who has been employed for more than three months can, having regard to the work pattern in the previous period provided that this does not regard a peak period, request the employer for an employment agreement in conformity with said work pattern. If the employer and the employee agree on this kind of employment agreement then this will not be a stand-by agreement Seasonal worker The employee whose activities are only required during a certain period of the year. The seasonal character of the activities can derive from commercial, tourist, or climatological circumstances or the relevant annual closing of the company deriving from the same Apprentice 1. If you follow training in a work placement company recognised by the Knowledge Centre for Vocational Education and Trade and Industry (KBB) and if you were hired pursuant to a practical training agreement (within the meaning of articles and of the Dutch Adult and Vocational Education Act). 2. We distinguish the following possibilities: a. a hotel, restaurant and café training at the level of Senior Secondary Vocational Education ( MBO ) at a Regional Training Centre ( ROC ); b. a different (private) educational institution in vocational training falling under the scope of the Dutch Adult and Vocational Education Act of 31 October 1995 (Dutch Bulletin of Acts and Decrees 1995, 501) Trainee The natural person (m/f) who is in supervised employment at the employer pursuant to an education plan of an institution of Prevocational Secondary Education ( VMBO ), an institution of Senior Secondary Vocational Education ( MBO ) or a University of Applied Sciences ( HBO ) in order to gain the theoretical and practical experience required for the training Partner The spouse or registered partner of the employee or the person with whom the employee lives together without being married whilst running a joint household, unless it regards a person with whom a consanguinity of the first or second degree is in place.

13 There is question of a joint household within the meaning of the first sentence if two people who are not married or registered as partners have their principal residence in the same house and appear to provide for each other by contributing to the costs of the household or otherwise provide for each other s care Reference job The standard job with which you can compare your own business function(s) as an employer Business function All duties and responsibilities that have been included in a company and a job and as established by your employer Job The total of duties and responsibilities that is allocated to an employee within a company Job group The collection of jobs that refers to the same type of work Job category The category in which your business function has been classified after your employer has compared it with the reference job Manual Reference Jobs Hotel, Restaurant and Café Industry 1. You can find the manual on 2. This includes: a. the reference job descriptions; b. the manual on the basis of which you, as an employer, classify the business functions of your employees into job categories On-call duty An on-call duty is a duty where you need to be present at your workplace but only carry out your duties on call. This duty is exceptionally used in accommodation providing companies for security and management tasks Salary scale for the skilled worker aged 22 and over 1. The gross amount from the salary scale in which your job has been classified. 2. The salary according to the salary scale starts with the basic salary and continues up to the final salary. 3. The job categories and salary scales are included in the salary tables in Schedule II of the TCE.

14 1.23 Monthly salary The gross salary that you earn per month Gross hourly salary As a fulltime employee you work an average of hours per month. Consequently your gross hourly salary equals the monthly salary that you receive as a fulltime employee divided by paid hours per month Part-time If you work fewer hours than the normal working hours of 1,976 hours per calendar year (an average of 38 hours per week) then the TCE rules are, where possible, applicable in proportion to the working time that you have stipulated with your employer State pension age The age that you must have reached to qualify for the state pension benefit ( AOW ) Good employment practices (employer) 1. Your employer is respectful towards you in terms of conduct and approach as befits a good employer. 2. Your employer reacts to a written request from you, as an employee, about terms and conditions of employment and participation within 4 weeks Good employment practices (employee) 1. You act as befits a good employee: you are respectful in your conduct and approach. In this respect you must comply with the company rules and work instructions of your employer. 2. You use the company assets entrusted to you in a proper manner. You return all company assets and clothing, which are owned by your employer, to your employer when your employment comes to and end. 3. If you cause damages to the company assets entrusted to you due to your own recklessness or intent then your employer will have the possibility of recovering these damages from you. 4. Both during your employment and after termination thereof you are held to observe absolute confidentiality about all facts and particulars concerning the company that could prejudice the company s interests if disclosed. In case of a breach of

15 this obligation your employer will be entitled to compensation Security deposit As an employer you are entitled to desire a security deposit from your employee for the supply of company clothing and materials that your employee receives on loan for the performance of his duties. Attention: if your employer desires a security deposit then this should be reported in the employment agreement with reference to the amount of the security deposit Work in front office of accommodation provider As an employee you inform your employer of arrangements about referrals and recommendations to guests and possible commissions of the same. Arrangements about this are established with the employer in writing. Without written arrangement with your employer it is not allowed to receive commissions on the basis of said recommendations and referrals Employment for third parties 1. As an employee you inform your employer in writing of your plans to work for your own company or in the employ of a different employer or to expand the work for a different employer. 2. As an employer you are held to monitor that your employee does not work, adding up the work for you and for different employers, more hours than the limits provided by the Dutch Working Hours Act: you can prohibit ancillary activities if this opposes compliance with legislation and regulations or if there can be question of a conflict of other interests of the company of the employer.

16 Topic 2 My TCE and Employment Agreement 2.1 Proportionate application of the TCE These TCE were written departing from the fulltime employee who works an average of 38 hours per week (the normal working time). If according to your employment agreement you work less than the normal working time then your employer will apply the TCE proportionately. 2.2 Exception trainees These TCE are not applicable to trainees. 2.3 Minimum character These TCE have a minimum character. This implies that an employer must at least apply the provisions included in these TCE; deviations in favour of the employee are permitted. 2.4 Written employment agreement Your employer is held to conclude a written employment agreement with you. 2.5 Probationary period The probationary period amounts to at most 2 months when concluding an open-term employment agreement. For a fixed-term employment agreement: a. a probationary period cannot be stipulated in case of a fixed term of at most six months or shorter; b. a probationary period can be stipulated of at most: 1 month, if the agreement is concluded for more than 6 months but shorter than 2 years; 2 months, if the agreement is concluded for 2 years or more. Attention: If you stipulate a probationary period then this probationary period must be established in writing. In case of a renewal of an employment agreement for a fixed term you cannot stipulate a probationary period again. In case of renewal of an employment agreement a probationary period can exclusively be stipulated if the renewal clearly requires different skills and responsibilities of you.

17 2.6 Statutory provisions in case of termination of an employment The provisions of the Dutch Civil Code are applicable to the termination of the employment agreement, unless expressly deviated from the same below. Exception: The employment agreement for a fixed term or an open term comes to an end, without any further notice being required, on the day that you reach the state pension age. 2.7 Fixed-term employment agreement A fixed-term employment agreement automatically comes to an end on the expiry of the period for which it was concluded, without any notice being required. Exception: A fixed-term employment agreement can be terminated before the end of the term if this possibility has been included in the employment agreement. You and your employer must then observe the statutory notice period and the dismissal / resignation rules. 2.8 Notification of expiry or renewal of fixed-term employment of 6 months of more Attention: The statutory provisions for communicating in a timely fashion whether or not a new employment agreement is offered after the expiry of an employment agreement of 6 months or shorter are applicable in full. At the latest one month prior to the expiry of the fixed term your employer will inform you in writing: 1. whether or not a new employment agreement is offered; 2. whether or not different terms and conditions are offered. It is not obliged to provide such information in case of an employment agreement of fewer than 6 months. Not providing said information in a timely fashion implies that, in accordance with the legislation regarding a series of employment agreements that come to an end after 31 July 2014, your employer is liable to pay you at most one monthly salary.

18 2.9 Deficit hours 1. If at the end date of your employment or in a period of a year you, as an employee, have worked fewer hours than the hours that you stipulated (on average) with your employer then you have accrued deficit hours. 2. If there are deficit hours at the end of a period of a year they can be settled at the latest in the next six months in time for time. After that they expire. 3. If you, as an employee, have deficit hours when your employment comes to an end (whilst your employer did pay the average number of stipulated hours) then your employer can settle the surplus paid salary with the final settlement. 4. If after this settlement your employer still has a claim against you then you need to repay this debt to your employer within 2 months after the end of your employment. Attention: if you, as an employee, have deficit hours and you have given notice of termination of your employment your employer must still timetable you and offer you work until the end date to the extent that work is available within the company. However, your employer must also take the interests of possible other employees into account Rights and obligations from previous CLAs and the model of the TCE 1. Rights and obligations deriving from provisions of previous collective labour agreements (CLAs) expire. 2. In lieu thereof the provisions of the Terms and Conditions of Employment (TCE) of the Koninklijke Horeca Nederland ( KHN ) apply. This also applies to future changes of the TCE by the KHN after they have been communicated to the employees within the company. Employee participation is applicable to this Individual arrangements Individual arrangements established in writing that derive from a previous CLA or previous regulations or not remain in full force and effect. The transitional reduction in working hours scheme remains applicable to you if it was applicable to you on 31 March 2012.

19 2.12 Term and validity of the TCE The TCE have an open validity as from 1 April The TCE can be adjusted by the employer if this can within reason be expected on account of tax, statutory, or legal considerations. Employee participation is applicable to this. The TCE expire as soon as a new Collective Labour Agreement ( CLA ) is concluded for the hotel, restaurant and café industry and related industries for the companies that fall under the scope of application thereof.

20 Topic 3 My Time 3.1 Duty and work roster Your employer prepares a duty and work roster. Your employer communicates the roster to you at least 2 weeks in advance. 3.2 Adjustment of the duty and work roster Once your employer has established the duty and work roster in consultation with you as an employee your employer can, if necessitated by operating conditions, adjust the duty and work roster after consultation. 3.3 Registration Your employer is held to keep a reliable registration of working and rest hours. 3.4 Normal working time 1. Basic rule: The normal working time per advancing period of one year amounts to 1,976 hours. This implies an average working time of 38 hours per week. 2. Deviation: In your employment agreement you can establish with your employer that the working time over a year amounts to more than 1,976 hours and therefore more than an average of 38 hours per week. However the limits pursuant to the working time regulations must be observed. 3. Exception: The normal working time is not applicable if you annually earn at least 3 times the statutory minimum salary*. * The reference amount of 3 times the statutory minimum salary in 2014 amounts to 57, This amount is indexed annually. 3.5 Peaks and troughs Together with your employer you establish your working time within the annual hourly limit of 1,976. It is possible to work more or less than an average of 38 hours per week. Attention: as an employer and an employee you must observe the rules about working hours established in these TCE. More information: In Schedule I you can find a complete overview of all duties and

21 limits per age category. 3.6 On-call duty Your accommodation providing employer can assign you on-call duties if this is required on the basis of security or management regulations and these duties cannot be avoided by organising the work differently. Attention: there is also question of a call if the employee needs to act at the request of a guest. 3.7 Working time in case of on-call duties Basic rule: If on average you carry out one or more on-call duties per week then your normal working time per year amounts to 2,496 hours. This implies an average working time of 48 hours per week. 3.8 Working on Sundays 1. The nature of the work in the hotel, restaurant and café industry implies that you also work on Sundays. Hence you can also be timetabled for all Sundays. 2. If you are timetabled on a Sunday then you must come to work on Sunday. 3. If you basically work on Sundays and you would like to have a weekend without duties then you can request your employer to timetable accordingly. The employer must permit this if a. prior to that weekend you carried out duties before and after that weekend for at least 39 Sundays; b. the operating conditions also make this possible. 3.9 Night duties A night duty is a duty during which more an hour of work is performed between 00:00 o clock and 06:00 o clock. Your employer organises the work in such manner that in each period of a. 52 consecutive weeks you perform a maximum of 140 night duties in a shift that ends after 02:00 o clock; or b. 2 consecutive weeks you perform a maximum of 38 hours of duties between 00:00 o clock and 06:00 o clock.

22 The other provisions regarding night duties (reference is made to the working time table in schedule I) remain applicable in full, also to places of entertainment where activities are exclusively or basically performed during a night shift Overtime definition It can happen that at the request of your employer you carried out work as a result of which you exceed the normal working time in a calendar year (1,976 hours or the working time you stipulated with your employer). Exception: The normal working time is not applicable to you if you annually earn at least 3 times the statutory minimum salary*. * The reference amount of 3 times the statutory minimum salary in 2014 amounts to 57, This amount is indexed annually Overtime in case of on-call duties If you carry out an average of one or more on-call duties per week it is noted that there will be question of overtime if your working time exceeds 2,496 hours Reimbursement of overtime 1. Overtime is reimbursed in the form of time off. For 1 hour of overtime you receive 1 hour of time off. Overtime calculated after a year must be reimbursed in time off at the latest within the subsequent 26 weeks. 2. If it is not possible to reimburse all overtime in time off within the period of 26 weeks then the remaining overtime must be paid out within 4 weeks after the 26 weeks at 100% of the hourly salary Payment of overtime in cash You can submit a request for direct reimbursement of overtime in cash. This always takes place in consultation with your employer Public holidays Recognised public holidays are: - New Year s Day - Easter Sunday - Easter Monday - Ascension Day - Whit Sunday - Whit Monday - Christmas Day

23 - Boxing Day - King s Day 3.15 Holiday compensation You receive a compensation for working on a public holiday between 02:00 o clock up to 02:00 o clock the following day: For 1 worked hour (or part of 1 hour) you receive: 1 hour (or part of 1 hour) of alternative time off. You compensate time off in: If compensation in time off is not possible then you receive a surcharge of: the period of 26 weeks following the public holiday. 50% of the relevant hourly salary of those hours. This article is not applicable to you if you: 1. are a stand-by worker; 2. are not a skilled worker; or 3. have been placed in a vesting increment (where there is question of a start salary that equals the statutory minimum salary with a maximum of 4 vesting increments; see article 4.9); 4. do not perform duties during an on-call duty Extraordinary leave In the following instances you are entitled to extraordinary leave on full pay: In case of the death of your partner, child or stepchild from the day of death up to and including the day of the funeral, however at least 4 days In case of the death of one of your 2 days parents or parents-in-law In case of the funeral or cremation 1 day of your brother, brother-in-law, sister, sister-in-law or your own grandparent In case of your marriage or the 1 day

24 conclusion of a registered partnership or that of your child, stepchild, brother, sister, parent or parent-in-law In case of your 25 th, 40 th, 50 th or 60 th anniversary of your marriage or registered partnership or that of your children, parents, parents-inlaw or grandparents In case of childbirth of your partner or in case of adoption 1 day 2 days 3.17 Holiday year The holiday year runs from 1 June up to and including 31 May. The holiday year is the period over which your holiday allowance and your holidays are calculated. It is also possible to use 1 January up to and including 31 December as the holiday year. The choice must apply to the entire company Accrual of holiday hours 1. Statutory holidays: You are entitled to 4 times your stipulated working time per week, hence you accrue holiday hours per worked hour. 2. Calculation method: In case of a fulltime situation this amounts to 20 days per annum (4 times 5 days a week). On average you work 7.6 hours per day (38 divided by 5 days). If you multiple these two numbers then you arrive at 152 statutory holiday hours per annum. If you divide this number by your total working time, 1,976 hours per annum; you consequently accrue holiday hours per worked hour. 3. Holidays exceeding the statutory minimum: You are entitled to 5 holidays per annum exceeding the statutory minimum; you consequently accrue holiday hours per worked hour. 4. Calculation method: Converted based on an average of 7.6 hours per day you arrive at 38 holiday hours per annum. If you divide this number by 1,976 hours per annum you consequently accrue

25 holiday hours per worked hour. Hence per worked hour (in respect of which you are entitled to salary or compensation according to the overtime scheme or the public holiday scheme) you accrue holiday hours ( and added up). Attention: You do not accrue holiday hours over the hours that are compensated through the public holiday surcharge or overtime in cash. Also applicable are: a. The statutory provisions about the accrual and the expiry of (statutory) holiday entitlements over periods that you are not entitled to salary. b. The statutory provisions about the accrual, taking and expiry of (statutory) holiday entitlements, also over periods that you are incapacitated for work Holiday hours of apprentice If you are an apprentice then you also accrue holiday hours over the hours that you go to school. It regards the hours that are part of your employment Exception stand-by worker The accrual of holiday hours exceeding the statutory minimum is not applicable if you are a stand-by worker Establishment of holiday As an employee you establish the start and end of your holiday and holidays in consultation with your employer. In derogation from the provisions set forth in article 3.18 in case of a balance of more than the holiday hours exceeding the statutory minimum the employer can designate the times for those hours Duration of a holiday 1. The length of a holiday amounts to the average number of worked hours per week divided by the average number of worked days per week. 2. You calculate the average number of worked hours and the average number of worked days over the full duration of the

26 employment with a maximum of the last 52 worked weeks Consecutive holidays 1. You are entitled to a holiday period of 3 consecutive weeks. 2. You can request your employer to limit the consecutive holidays to 2 weeks. Your employer can also agree on this if this is necessitated by the duties. In that case you are entitled to an additional holiday period of 1 consecutive week Change of holiday period by employer Your employer can, in consultation with you as an employee, change the previously established period for the consecutive holidays. There must, however, be question of compelling reasons. Your employer must then reimburse you for the consequently incurred damages.

27 Topic 4 My Job and Remuneration 4.1 Job classification 1. For the job classification your employer will use the Manual Reference Jobs Hotel, Restaurant and Café Industry (reference is also made to 2. Your employer establishes a business function by preparing a description of the most important duties and responsibilities that are assigned to you. 3. Your employer compares the business function with the reference jobs occurring in the most appropriate job classification from the Manual and then determines what reference job(s) is (are) best in line with the business function. 4. Your employer then classifies the business function in a job category on the basis of the retrieved comparable reference job(s). 5. Your employer informs you in what job category the business function to be fulfilled by you has been classified and with what reference jobs the business function has been compared. The job category is also mentioned in the written employment agreement. 6. Exception: If you are not a skilled worker then you are not classified in a job category in conformity with the aforementioned method. The job and being a skilled worker or not is included in your employment agreement. 4.2 Responsibility for classification Your employer is responsible for a correct classification of the business function. 4.3 Dispute about classification 1. If you, as an employee, do not agree with the classification or if you are of the opinion that your business function has changed such that the classification must be revised then try to reach a solution in proper consultation with your supervisor. 2. If you do not have a supervisor, then consult with your employer.

28 4.4 Performance of job You can be asked to temporarily carry out duties other than your usual duties if your employer deems this to be required. You must comply with this. As an employer you limit this to the duties that you can within reason assign to your employee. 4.5 Performance and evaluation of the performance Your performance is important to the company and to yourself. That is why there is feedback about your performance: 1. Upon commencement of your employment you agree on working arrangements and arrangements about your personal development with your supervisor or your employer. 2. You hold a progress interview at least once a year in which you evaluate and possibly adjust the cooperation and the progress of the (working) arrangements from the assessment interview. 3. At the start of the first following calendar year you discuss your performance and the results of the past year with your supervisor or your employer. In addition you again agree on new working arrangements and arrangements about your personal development for the coming calendar year. 4. Together you establish the performance targets that are decisive for the performance increase (reference is made to 4.14 My Job and Remuneration, Performance increase). You can agree on the participation in training, the recognition of acquired competences (EVC) or the acquisition of training advice and leave to be taken for this. 4.6 Assessment of performance 1. The employer uses a uniform assessment system and communicates this system within the company prior to the assessment. 2. Your employer informs you in advance about the method of assessment and the associated performance increase, where applicable. 3. Your employer establishes the outcome of the assessment, the performance targets and the basic structure of the possible action plan in writing. 4. If you perform modestly or unsatisfactorily your employer will

29 prepare an action plan. This action plan focuses on improvements as a result of which a subsequent assessment can be expected to be satisfactory. 4.7 Job change Your employer can within reason and after consultation change the stipulated job in case of changed circumstances, permanent unsatisfactory performance or in relation to an action plan, whilst observing the individual transitional provisions to be agreed on. The new arrangements are established in a supplementary employment agreement containing the transitional provisions. Hence your employer cannot do this without your express consent as an employee. 4.8 Skilled and fully competent worker 1. As a skilled and fully competent worker you receive at least the basic salary of the salary scale that pertains to the job category in which your business function has been classified. 2. At the start of your employment you basically receive the basic salary of your salary scale. The job categories and the thereto pertaining salary scales have been included in the salary tables that are part of these TCE as Schedule II. The amounts in the table are indexed annually on 1 January on the basis of the Statistics Netherlands ( CBS ) consumer price index all households based on the position of October of the previous year. 4.9 Vesting increment and/or no skilled worker Your employer can establish your start salary at least equal to the statutory minimum (youth) salary during a period of at most 4 vesting increments if your job has been classified in job category I, II, or III. This scheme applies to employment agreements effective as from 1 April A vesting increment ends: A vesting increment includes: Scaling after the vesting increment: Job change at the same Always on 31 December. At least a full calendar year. In the applicable job category; At least at the basic salary of the salary scale. Not again application of

30 employer: vesting increments. If you obtain a vocational diploma relevant to the business function and recognised by the industry then you are, if your employment agreement took effect before 1 April 2014, entitled to scaling in the applicable job category, without vesting increments. You at least receive the basic salary or the youth salary percentage thereof. If you are not a skilled worker then at least the statutory minimum (youth) salary applies to new employment agreements effective as from and after 1 April The hourly salary is in that case at least 1/38 th of the statutory minimum (youth) salary per week Night surcharge front office in case of accommodation providing companies As from 1 April 2013 you receive a night surcharge for night duties in front office business functions in accommodation providing companies if the duty comprises, at least, the consecutive hours between 00:00 o clock and 06:00 o clock. The surcharge is 10% on every hourly salary of the full night duty, also for the hours before 00:00 o clock and after 06:00 o clock. Attention: If your employer already pays a compensation for night duties or a night surcharge then this remains valid. If your employer pays a compensation or night surcharge that exceeds 10% then nothing changes. If your employer pays a compensation or night surcharge that is less than 10% then this is increased up to a 10% night surcharge Gross hourly salary in case of on-call duty 1. Deviation: If on average you carry out one or more on-call duties per week then your gross hourly salary amounts to the applicable statutory minimum (youth) salary in case of an employment of on average 48 hours per week, divided by Calculation method: 2,496 hours per annum divided by 12 months results in 208 hours per month. Attention: if you stipulated with your employer that your working time amounts to more than an average of 48 hours per week then you are free to agree on arrangements about the salary that will apply per month. Condition is, however, that your salary must at least equal the statutory minimum (youth) salary per day, week or month as applicable to you.

31 4.12 Youth salaries If you are a skilled worker but you did not reach the fully competent age yet then you receive at least the percentage of the basic salary of the job category that your business function has been classified in. The percentages applicable as from 1 April 2014 respectively as from the first following birthday are: Age Percentage of your basic salary as from 1 April 2014 Percentage of your basic salary as from 1 January 2015 Percentage of your basic salary as from 1 January years years years years years years years 30 You are entitled to your (new) percentage with your age as from the day of your birthday Remuneration during on-call duty 1. If during an on-call duty you are called one or multiple times within half an hour then we assume that these calls have lasted at least half an hour. If a call again follows within half an hour after conclusion of activities deriving from a call, then the period in between is remunerated in the same manner. 2. If within the framework of on-call duties you make use of the possibility to establish in the employment agreement that the working time exceeds an average of 48 hours per week then you are free to agree on arrangements about the salary that will monthly apply to the employee. 3. Condition: the salary at least equals the statutory minimum (youth) salary applicable to the employee Performance increase 1. Your employer annually establishes the average amount or percentage of the performance increase and informs you of the same in a timely fashion prior to the assessment. An assessment system then determines the conditions for the

32 allocation of the performance increase and the plus or minus on the average. 2. The increase of the salary depends on the outcome of the assessment that your employer made of the accomplished results in relation to your working arrangements and the arrangements about your personal development agreed on at the start of the year. 3. Condition: On 1 January you were employed in the same business function by the same employer for at least a full calendar year. 4. You calculate this increase as from January of any year over the salary as at 31 December of the previous year. 5. If your employer does not apply an assessment system or did not conduct an assessment interview then you are still entitled to a performance increase. You will need to report this to your employer before 1 April after the assessment year. Then your employer still has the chance of carrying out the assessment according to an unsatisfactory, satisfactory or good performance and allocate a performance increase based on performances and results. 6. The increases are applicable until the end salary of your salary scale has been reached Salary for the apprentice The apprentice is not a skilled worker and the statutory minimum (youth) salary applies to the apprentice for the first year of apprenticeship and for the second, third, and fourth year of apprenticeship the youth salary percentages according to the following table: Age Percentage Statutory Minimum Salary Level 1 Percentage Statutory Minimum Salary Level 2 Percentage Statutory Minimum Salary Level 3 Percentage Statutory Minimum Salary Level years

33 years 21 years 20 years 19 years 18 years 17 years 16 years 15 years Working time exceeds 1,976 hours 4.17 No work performed then no salary payable (first 6 months) If you stipulated a working time with your employer that exceeds 1,976 hours per calendar year then you are proportionately entitled to a higher salary. This also applies to the application of the statutory minimum (youth) salary. Your employer is not held to pay salary if work is not available. Attention: This applies during at most the first 6 months of the duration of your series of consecutive employment agreement(s) with your employer and must have been included separately in your written employment agreement Payslip On every payslip (or accompanying specification) you receive an overview from your employer of the number of hours worked in the relevant salary payment period including the non-worked hours in respect of which salary is paid (e.g. in case of sickness, holiday, or time for time). At your request the employer must submit a specification Withholdings As an employer you can apply withholdings from the salary according to the relevant applicable rules. These withholdings can originate from the law, these TCE and/or individual arrangements stipulated with your employee. This also includes the recovery of half of the differentiated premium

34 for the Dutch Return to Work (Partially Disabled Persons) Regulations Holiday allowance 1. You are entitled to 8% holiday allowance. The surcharge is calculated over the salary that you earned with your employer during the holiday year. This does not include surcharges, possible bonuses and remunerations in kind. 2. The holiday allowance is paid in June of any year.

35 Topic 5 My Development 5.1 Development budget 1. Per calendar year your employer establishes a budget for the costs of development of employees. 2. As from 2013 this budget amounts to at least 2% of the cumulative annual wage bill of the company before income tax and national insurance contributions. 3. Your employer uses this budget for settling in, participation in training including training required for the job or the company, or acquisition of career advice and for support and realisation of development arrangements of the assessment interview. Attention: if you work at a starting company then your employer is not held to establish a development budget until the company has been in place for at least a full calendar year. 5.2 Work placement companies 5.3 Practical training agreement As an apprentice you can only be employed in a hotel, restaurant and café establishment that has been recognised as a work placement company by or on behalf of the KBB for the qualification for which you are trained. Your employer must see to it that a practical training agreement of the educational institution is concluded between the employer, the educational institution and you as the apprentice. Attention: if you are younger than 16 then your legal representative will sign. 5.4 Employment agreement with work placement company 1. You agree on the term of your employment agreement with your work placement company for at most 1 year. Apart from the training interest, the company interest is also decisive. 2. Several subsequent employment agreements can be concluded with the same work placement company, on condition that your practical work experience can be continued at the same work placement company. 3. Within your employment you have an average of 6 hours per week for school visits or other manners of participating in theoretical training. The hours dedicated to school visits are qualified as working time. Salary is not payable over these

36 school hours. 4. During school holidays your employer continues payment of your salary over the hours that are meant for school visits or other manners of participating in theoretical training. Condition is, however, that you make yourself available for duties in time and that you, if so desired, also carry out the same. 5. If you terminate your employment before the end of the term in case of cluster education then your employer will calculate the salary to which you are still entitled. This takes place on the basis of the actual number of worked hours. 6. In case of a difference between the salary to which you are entitled on the basis of the actual number of worked hours and the salary that was actually paid, settlement takes place. 5.5 Working time of apprentice An employer cannot oblige an apprentice to work at the work placement company on a day on which he has had 6 hours of training. The working time for apprentices is as follows: For the employee aged 18 or older and for the employee aged 16 or 17: a. 1,976 hours per annum including the standard school hours; b. on average not more than 38 hours per week, including school hours, calculated over a period of 13 weeks. Attention: for specific rules about working and rest hours for young people reference is made to schedule I. 5.6 Link practical training agreement / employment agreement for apprentices 1. The employment agreement for apprentices and the practical training agreement are linked to each other. This implies that the employment agreement comes to an end as soon as the practical training agreement comes to an end. 2. If the practical training agreement comes to an end as an examination is passed or partial certificates are obtained then the employment agreement comes to an end on the last day of the term of the employment agreement.