I am an employee
What does the emergency regulation of SZW entail?
If your employer is unable to keep you (fully) at work in connection with the coronavirus, he or she can put you under the emergency regulation of SZW. This means that the employer receives a contribution towards the wage costs for the hours that you cannot work. This regulation is intended to prevent employees from being dismissed.
How much is the allowance?
If entitled, eighty percent of your salary is paid to your employer over the hours you cannot work (a maximum daily wage applies). The employer must pay this amount to you.The percentage might be reconsidered in January 2021.
SZW's allowance is lower than my regular salary. Must my employer pay the remaining amount?
The Civil Code (Burgerlijk Wetboek BES) offers the employer space to deviate from the principle of full continued payment of wages. He or she can deviate from this by means of a written agreement or by regulation. An agreement requires your approval, a regulation is a unilateral decision by your employer. (You can look this up in article 1614d, Burgerlijk Wetboek BES). It is advisable to discuss this issue with your employer. That can contribute to understanding each other's positions. SZW has no role in this, because the application of the Civil Code lies in the sphere of private law.
SZW does require that your employer pays you at least the amount as paid by SZW. In any case, your income may not fall further than eighty per cent of your regular salary up to the maximum daily wages.
Is this emergency regulation only for permanent employees?
No. Your employer can also submit a request for employees with a zero-hour contract or a temporary contract.
Can my employer dismiss me because sales are down?
The SZW emergency regulation is intended to prevent people from losing their job. At the same time, it is important that companies adapt to the changed situation. In some cases, companies will have to restructure in such a way that layoffs are unavoidable.
The regular provisions with regard to dismissal are applicable again during the third phase of the emergency regulation. This means that the employer can request dismissal at the RCN unit SZW or at the court. The employer must demonstrate that the expiry of your job is unavoidable. When reviewing the request for dismissal, the specific situation and the availability of emergency arrangements will be taken into consideration. So, dismissal due to a loss of turnover cannot simply be done and must be approved by the RCN unit SZW or by the court.
If you are on probationary period or if your contract expires, your employer may let you go without interference of SZW or the court. There is no case of dismissal in these events. If you have a zero-hour contract, your employer may set you to zero hours. There is no case of dismissal in this event either.
Am I entitled to the SZW emergency regulation if my contract is not renewed?
You may be able to apply for temporary support as a former employee. This support is provided for a maximum of three months. It is only possible to make an application if your former employer is making use of the SZW emergency regulation and if your dismissal is directly related to the corona crisis
Am I entitled to the emergency regulation of SZW if I resign from my job?
No. If you yourself agree to terminate your employment contract, you are not entitled to this emergency regulation. The regulation is intended to prevent people from losing their jobs.
Do I have a duty to report?
Important changes must be reported to SZW by means of a mutation form. Assuming that your employer is the applicant for the emergency regulation, your employer must do this. You must immediately inform your employer if there are issues that may be important for the emergency regulation.
May I leave the Caribbean Netherlands if I fall under the emergency regulation and my employer allows it?
The premise is that you are available for work. Your right to the emergency regulation expires if you stay outside the Caribbean Netherlands for a total of four weeks or more during the term of the regulation.
What should I do if I fall ill during the term of the emergency regulation?
The normal duty to report applies in the event of illness. On the first day of illness, you must inform your employer. On Bonaire you report to your doctor (GP) on the first day of illness and on the third day to the examining physician (by telephone).
On Saba and St. Eustatius, you report to the occupational physician on the first day of illness. As long as you are fully covered by the emergency regulation, your employer cannot submit an application for loss of wages and no sickness benefits will be paid. The benefit from the emergency regulation is exactly as high as the sickness benefit. The compensation will be paid to your employer, who will then pass this on to you in the form of your salary.