Common use of DEFINITIONS Definitions Clause in Contracts

DEFINITIONS Definitions. ‌ Additional earnings This refers to the amount earned by an employee for a period, possibly as a result of a bonus system, over and above the salary agreed for that period. In this context ‘additional earnings’ does not include holiday pay, profit sharing, bonuses and other end- of-year payments, or premiums for overtime, shift work, working conditions or inconvenience of another nature. Amounts (monetary) Unless stated otherwise, all monetary amounts referred to in the collective agreement are gross amounts. Annual salary This is the salary which the employer and the employee have contractually agreed will be paid at regular intervals, calculated on an annual basis. Annual earnings ‘Annual earnings’ is the annual salary plus fixed additional earnings or, in the case of fluctuating additional earnings, the average additional earnings received by the employee in the last calendar year. The annual earnings relate to the number of hours to be worked by the employee in the calendar year, the public holidays recognised in the collective agreement, and the scheduled paid hours off and annual leave that apply for the employee concerned. Basic Collective Agreement Collective Agreement in the Metalektro: Basic. Basic Work Year (BWY) The Basic Work Year is calculated by taking the number of days in a calendar year and subtracting: • the number of Saturdays and Sundays; • the number of days’ annual leave as referred to in 4.1.2(a), and the number of days’ additional annual leave for working a six-day work week as referred to in 4.1.4(a); • the number of public holidays that do not fall on a Saturday or Sunday; and • 13 scheduled paid days off (104 scheduled paid hours off), and then multiplying the result by 8 hours. The following table shows the number of hours in the Basic Work Year for 2018 to 2020. Table: Basic Work Year (BWY) in 2018 to 2020 2018 1728 1712 2019 1736 1720 2020 1744 1728 Collective agreement, the/this The collective agreement’ or ‘this collective agreement’ refers to the Collective Agreement in the Metalektro: Basic. Dutch state retirement age This is the age of retirement as specified in the Dutch General Old Age Pensions Act [Algemene ouderdomswet; AOW]. Employee In the context of this collective agreement, an employee is a person: • who has a contract of employment within the meaning of Article 7:610 of the Dutch Civil Code; or • who, as part of contracted work, personally performs work, possibly as a homeworker but not acting independently in the conduct of a business or profession. Employer The employer is the natural or legal person for whom an employee normally performs work. Employers’ association FME, the Dutch employers’ organisation in the technology industry. Excess hours These are the hours worked by the employee on employer’s instructions in excess of the number of hours in the Basic Working Year. Full-time These are the hours worked by the employee on employer’s instructions in excess of the number of hours in the Basic Working Year. Hourly earnings This is 0.58% of the monthly earnings. Monthly earnings The monthly earnings are one-twelfth of the annual earnings. Non-standard working hours This refers to when an employee works at times other than his or her scheduled normal working hours, but for no longer than the number of hours the employee was scheduled to work that day. Overtime These are the hours worked by the employee on the employer’s instructions: • in excess of the hours to be worked according to the daily schedule insofar as the total hours worked that day is more than eight; • on Saturdays and Sundays on which the employee was not scheduled to work; • on public holidays. Sundays and public holidays are considered to last from midnight to midnight. Parties to this collective agreement The entities signing this collective agreement, i.e.: Vereniging FME, FNV, CNV ▇▇▇▇▇▇▇▇▇.▇▇ and De Unie. Part-time This refers to a number of hours to be worked in a calendar year less than the Basic Work Year. Public holidays New Year’s Day, Easter Monday, Ascension Day, Whit Monday, Christmas and Boxing Day, and the Dutch national holiday (April 27). Remuneration system This is a system used to determine the manner in which a job is to be performed (individually, in a group, or collectively) according to one or more quantifiable factors, or according to a combination of factors, most of which or the most important of which are quantifiable (i.e. performance-based pay or performance-based assessment systems). Fluctuations are possible in these systems. ROM The Consultative Council in the Metalektro [Raad van Overleg in de Metalektro (ROM)], which is authorised to carry out the tasks assigned to it in this collective agreement.