I am an employee
What will change for me as an employee during the extension from the 13th of July up to and including the 12th of October, 2021?
The ban on work is abolished. This means that your employer can bring you back to the workplace, while he or she still receives support for your wage costs.
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 wage.
Can my employer dismiss me because sales are down?
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 emergency regulation of SZW if my contract is not extended?
You may be able to apply for support as a former employee. This support is provided for a maximum of three months up to and including the 12th of October 2021. It is possible to apply if your former employer uses the emergency regulation and your job loss is the direct result of the measures regarding corona.
Am I entitled to the emergency regulation of SZW if I resign myself?
No. If you resign yourself, you will not be entitled to the emergency regulation.
Do I have to report changes?
Important changes must be reported to the SZW unit of RCN via a mutation form. Assuming that your employer is the applicant for the emergency regulation, your employer must do this. During the extension, your employer does not have to inform us when you start working (more) again.
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 become ill during the term of the emergency regulation?
Inform your employer as usual on the first day that you are ill. Your employer cannot receive the emergency regulation and a loss of wages benefit for you at the same time. Your employer will contact the SZW unit of RCN to discuss the right consideration.