I am an employer
What does the emergency regulation of SZW entail?
As an employer, you can receive a contribution towards the wage costs of employees that you cannot keep (fully) at work because of the coronavirus. There must be a loss of turnover of at least twenty percent due to the coronavirus, which means that you cannot keep your staff (fully) at work. When entitled, eighty percent of the employee's wages are paid over the hours he or she does not work for you. This percentage might be reconsidered in January 2021. A maximum daily wage applies to this arrangement.
How long can I use this emergency regulation?
The arrangement has been extended up to and including the 12th of July 2021. This longer period provides certainty and security. At the same time companies must continue to adapt to the changing situation. You should make efforts to reduce usage of this arrangement.
What changes in the third phase for employers?
- A new application can be taken into consideration retroactively with a maximum of four weeks.
- Employees covered by the arrangement may not exceed four weeks outside the Caribbean Netherlands during the term of the regulation.
- Employees whose contract you do not renew can have a maximum of three months of direct support from the emergency regulation.
I already make use of the emergency regulation. What should I do to apply for the third phase?
If you already make use of the arrangement, you don’t have to do anything to apply for the third phase.
What should I do if my situation changes?
If important changes occur, you must notify us via a mutation form.
If you want to bring employees under the arrangement for whom you have not previously used the emergency arrangement of SZW, we advise you to use the application form. This will give you more space to fill in the details of these employees fully.
Can I dismiss staff 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 changing 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 you can request dismissal at the RCN unit SZW or at the court. You must demonstrate that the expiry of the job in question is unavoidable. When reviewing the request for dismissal, the specific situation and the availability of emergency arrangements will be taken into consideration.
The emergency regulation does not fully compensate for labor costs. Do I have to pay the remaining amount myself?
To be entitled to the emergency regulation, you are obliged to pay your employee(s) at least the amount that SZW pays you. NOTE: The emergency regulation does not set aside the provisions of the Civil Code (Burgerlijk Wetboek BES). The application of the Civil Code lies in the private law sphere, over which the RCN-unit SZW has no control. We advise you to discuss the remaining part of the wages with your employee(s) and to make joint agreements about this. This helps to understand each other's position and to weigh in on the business economic interest versus the continuity of the income of the employee(s). (You can look this up in article 1614d, Burgerlijk Wetboek BES).
Does this emergency regulation only apply to permanent employees?
No. You can also submit a request for employees with a zero-hour contract or a temporary contract.
Can I hire new employees and immediately bring them under the emergency regulation?
No. The emergency regulation is designed to help you retain the employees you had before the corona crisis began. If you choose to hire new employees at this time, you must pay their salary yourself.
Can I keep the employee(s) for whom I use this regulation, working?
The starting point is that this is not allowed for the part that you apply for the emergency regulation. In principle, you must pay the hours that your employees perform work for you yourself.
Exceptions are possible. You can submit a request to the SZW unit in which you explain why an exception is necessary in your situation. For example, it may be the situation in which your company is shut down completely, but some work must be done to be able to continue business activities after the crisis. It can also involve work during the reopening of your company, while the market is still hampered by the corona crisis.
The SZW unit assesses per request whether and for which part a subsidy can be granted while work is being performed.
Employers can send their request to noodregelingSZW@rijksdienstcn.com. In any case, the request should explain why the work is essential, which employees will perform it, their job title and the number of hours per week they will work.
Can I also keep employees working part-time?
Yes. For example, you can keep your employees working for fifty percent and you can claim this emergency regulation for the remaining fifty percent.
Does it matter what legal form my organization has?
No. All employers who meet the conditions are eligible for the allowance.
Do I have to continue to pay my usual employer contributions?
What should I do if an employee for whom I receive compensation falls ill or takes maternity leave?
You cannot submit an application for lost wages for employees for whom you make full use of this emergency regulation. After all, you already receive compensation for labor costs. They must report to the GP on the first day of illness and report (by telephone) to the examining physician on the third day of illness.
I have not yet used the SZW emergency regulation. How can I submit a new request as an employer?
In connection with social distancing, we request everyone to apply digitally. We must put the health of you and our employees first.
If you want to make a new application, you can complete the application form for employers, sign it and e-mail it to noodregelingSZW@rijksdienstcn.com. You should include a copy of your valid identification document (ID card or passport).
If you need help filling in your application you can contact the Chamber of Commerce (on Bonaire) via the e-mail address email@example.com.
When will I receive the allowance?
If entitled, the RCN unit SZW will pay the allowance to you monthly. The legal payment term to receive the first payment is a maximum of five weeks. The RCN unit SZW strives for a prompter payment.
Until when can I submit a new application?
For the period from the 13th of June through the 21st of October 2020, you can submit an application up to and including the 12th of November 2020. For the period from the 13th of October 2020 through the 12th of July 2021, you can submit an application during the term of the arrangement. Please note that no subsidy will be granted more than four weeks retroactively.
What happens if I do not pay the amount that I receive from SZW to my employee(s)?
In that case you are committing a criminal offense. This has legal consequences.