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Bonaire, Sint Eustatius and Saba

Working Hours and Overtime Regulations

Understand the laws governing work hours and overtime in Bonaire, Sint Eustatius and Saba

Standard working hours

In Bonaire, Sint Eustatius, and Saba, collectively known as the BES islands, labor laws are governed by a common legal framework. The regulations pertaining to standard working hours are outlined in the Landsverordening Arbeid BES(v) legislation.

The maximum working hours are set at 40 hours per week, calculated over a period of four weeks. This allows employers to distribute working hours unevenly across the four-week period, provided the total does not exceed 40 hours per week.

The legislation does not explicitly stipulate a maximum number of daily working hours. However, it does state that the maximum working hours per week, including overtime, cannot exceed 50 hours calculated over a four-week period. This implies a daily maximum of 10 hours assuming no overtime is worked.

While the legislation does not explicitly mandate a 40-hour workweek, it does encourage employers to adopt shorter workweeks. This promotes a better work-life balance for employees.

Overtime

In Bonaire, Sint Eustatius, and Saba, also known as the BES islands, there are specific regulations in place for overtime work. These regulations ensure that employees who work beyond the agreed hours are treated fairly.

Overtime work is defined as any work that surpasses the standard working hours as agreed upon between the employer and employee, or as stipulated by law. This includes weekly working hours exceeding 40 hours, calculated over a four-week period, and daily working hours exceeding 10 hours, assuming no overtime is worked. This is derived from the weekly maximum of 50 hours including overtime, calculated over four weeks.

Work performed on rest days, whether weekly or holidays, is also considered overtime. The legislation does not explicitly define a maximum limit on overtime work. However, it does state that the total working hours, including overtime, cannot exceed 50 hours per week, calculated over a four-week period.

Employers are legally obligated to compensate employees for overtime work at a higher rate than standard wages. The overtime pay rate is at least 150% of the normal hourly wage. This is not explicitly stated in the legislation but is a commonly accepted practice based on regional standards.

Rest periods and breaks

There are specific regulations regarding rest periods and breaks for workers in Bonaire, Sint Eustatius, and Saba. These are outlined in the Landsverordening Arbeid (Labor Ordinance) for each island, which is a legal document establishing labor laws. While there isn't one overarching document for all three islands, their labor ordinances share many similarities.

Rest Periods

  • Daily Rest: Every worker is entitled to an uninterrupted rest period of at least 11 hours between working days. Similar provisions are in place for Sint Eustatius and Saba.

  • Weekly Rest: Workers are also entitled to an uninterrupted weekly rest period of at least 36 hours. This applies to Sint Eustatius and Saba as well.

Breaks

  • Short Breaks: The Labor Ordinances don't mandate specific short breaks throughout the workday. However, employers are generally expected to provide reasonable breaks for workers, considering the nature of the work and duration of shifts.

Night shift and weekend regulations

In Bonaire, Sint Eustatius, and Saba, collectively known as the BES islands, labor regulations are governed by the "Landsverordening Arbeid BES [Labor Ordinance BES]". This ordinance provides specific guidelines for night and weekend work.

Night work is typically defined as work performed between 7:00 PM and 7:00 AM. However, employers and employees can agree on a different timeframe in a collective labor agreement. Employers generally need a permit from the Labor Inspectorate to schedule employees for night work, with exceptions for specific sectors like hospitality and security. Night work may be compensated with a night shift allowance, the specific amount of which can be determined by a collective labor agreement or company policy.

Weekend work is not explicitly restricted in the Labor Ordinance BES. However, employees do have the right to at least one uninterrupted rest day per week. Weekend work may be compensated with a weekend allowance, though this is not mandatory and depends on individual employment agreements or collective bargaining agreements. Working on Sundays or designated holidays may require a permit from the Labor Inspector and may come with additional compensation requirements.

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