FROM SINT MAARTEN Year 2021
No. 08 Temporary National Ordinance of 16 March 2021 laying down rules regarding the remuneration maximum and the adjustment of the employment conditions at (semi) public sector entities (Temporary National ordinance standardization for top incomes and adjustment of employment conditions at (semi) public sector entities)
IN THE NAME OF THE KING!
The Governor of Saint Martin,
Having taken into consideration:
that as a result of the COVID-19 pandemic, the 2020 budget shows a revenue deficit that prevents necessary expenditure from being covered;
that the State of the Netherlands has offered conditional assistance in the form of loans to cover the missing income;
that one of the Dutch conditions is to maximum the remuneration and other terms of employment of the top officials of the public or semi-public sector entities by national ordinance;
that another condition is to reduce the total package of employment conditions for all employees in the (semi-) public sector by national ordinance by 12.5%;
that it is necessary for Sint Maarten to comply with the requirements
conditions for receiving money loans from the State of the Netherlands;
Having heard the Advisory Council, has adopted the following national ordinance in consultation with Parliament:
AB 2021, no.08
Chapter 1
Introductory Provisions
Article 1
- In this national ordinance and the provisions based on it, the following terms have the following meanings:
a. (semi) public sector entity:
1 ° a legal person established by or pursuant to national ordinance as referred to in appendix 1 to this national ordinance;
2 ° an institution that is subsidized or funded directly for more than fifty percent by the country of Sint Maarten as referred to in appendix 2 to this national ordinance;
3 ° a company incorporated pursuant to the second book of the Civil Code, in which the country of Sint Maarten has a share of more than fifty percent, directly or indirectly, as referred to in appendix 3 to this national ordinance;
b. minister: Minister of Finance;
c. subsidy or funding: a claim based on a decision to financial resources directly at the expense of ‘s Landskas for the performance of certain activities by the person entitled to the claim and whereby the financial means do not serve as payment for the delivery of goods or services to the country Sint
Maarten;
d. consultant: hired in externally to carry out work on behalf of the government or a (semi) public sector entity, by a private organization, through the use of personnel capacity and expertise for a fee. - The minister may amend the appendices adopted pursuant to subsection 1 by ministerial regulation.
Chapter 2
Agreement
Article 2
- The public or semi-public sector does not agree on any remuneration that per calendar year exceeds the maximum remuneration referred to in Article 3, plus employer’s contributions.
- The employer’s contributions, as referred to in the first paragraph, are the social and supplementary insurance policies in which participation is compulsory on the basis of a national ordinance or a generally binding collective labor agreement. Social and supplementary insurance means at least the employer’s share of the premiums for General Old Age Insurance, General Widows and Orphans Insurance, General Insurance for Special Medical Expenses, Accident Insurance, Health Insurance and Pension Insurance.
- In the event of an employment contract of a smaller size than the usual full-time employment contract of the responsible person, the parties will not agree on any income that per calendar year exceeds the maximum remuneration referred to in Article 3, multiplied by the number of hours to which the employment relates. and divided by the number of hours of full-time employment.
- In the event of an employment contract of shorter than one calendar year, the parties will not agree on a remuneration that exceeds the maximum remuneration referred to in Article 3, multiplied by the number of days to which the employment relates and divided by 365.
Chapter 3
Remuneration maximum
Article 3
- At a (semi) public sector entity, the highest annual remuneration does not exceed NAf 474,236.76 gross. This remuneration includes: a. Remuneration;
b. the holiday allowance;
c. the holidays;
d. monthly fees;
e. accrual of pension rights;
f. allowances and allowances; and
g. any other remuneration or benefit, in cash or in kind, under whatever name. - The employer’s contributions, as referred to in Article 2, second paragraph, are not counted as income.
- The amount
