Law normalization top officials public and semi-public sector

Original Language Title: Wet normering bezoldiging topfunctionarissen publieke en semipublieke sector

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Law of 15 November 2012 laying down rules on the standard of remuneration of top public and semi-public sector officials (Law on the standard of pay top officials public and semi-public sector)

We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.

All of them, who will see or hear these, saluut! do know:

In this regard, we have taken the view that it is desirable to extend the rules governing the disclosure of top income in the public and semi-public sector to rules concerning the level of these incomes;

In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:


§ 1. General provisions

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Article 1.1

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For the purposes of this Act and the provisions based thereon, the following definitions shall apply:

  • a. Responsible:

    • 1 °. Our Ministers, referred to in the Articles 12 and 51 of the Comptability Act 2001 ;

    • 2 °. Member States of the provinces;

    • 3 °. the colleges of mayor and aldermen of the communes;

    • 4 °. the daily driving of the waterboards;

    • 5 °. the daily driving of the public bodies for occupation and business;

    • 6 °. bodies of a legal person as referred to in Article 1 Article 1.2 Parts f, g and h , who are ultimately responsible for the remuneration paid within the legal person, or are responsible for the adoption of a financial reporting document by or under the law, and

    • 7. the organs of a legal person or the competent authority of an institution as referred to in Article 3 (2). Article 1.3 , Article 1.4 or Article 1.5 , who are ultimately responsible for the remuneration paid within the legal person or organisation, or are responsible for the adoption of a financial reporting document by or under the law;

  • b. Top official:

    • 1. the Secretaries-General, the Directors-General, the inspectors-General and the other members of the top management group in the State, the Vice-Admirals, the Generals, the Lieutenant-Generals and the Lieutenant Generals, the person or the persons who are Responsible for the daily management of the Article 1 (e) to (h) of the 2001 Comptability Act the bodies referred to as well as the members of an independent administrative organ without legal personality and the highest subordinate or the members of the group of senior subordinates to that body and the person or persons responsible for the day-to-day management of that body;

    • 2. the secretaries of the provinces, the municipalities and the offices and the Registrars to the provinces and the municipalities;

    • 3. the chairmen and secretaries of the public bodies of appeal and business, the highest subordinate or the members of the group of highest subordinates to the board and the person or persons in charge of the daily management of the whole public. body;

    • 4. the members of the senior executive and supervisory bodies of a legal person as intended Article 1.2 Parts f, g and h , as well as the highest subordinate or the members of the group of senior subordinates to that body and the person or persons responsible for the day-to-day management of the whole legal person;

    • 5 °. the members of the highest performing and supervisory bodies of a legal person or institution as referred to in Article 1.3 , Article 1.4 or Article 1.5 , as well as the highest subordinate or the members of the group of top subordinates to that body and the person or persons responsible for the day-to-day management of the whole legal person or the institution as a whole;

  • c. parties: the legal person to which the person responsible is responsible and the top official who has agreed a remuneration in return for carrying out the duties assigned to the top official and, in the cases referred to above, as referred to in the Article 2.1, fourth paragraph , and 3.1, fifth paragraph , also the natural or legal person who makes available the top official;

  • ed. Employment: Appointment, contract of employment or any other title under which the top official shall perform his duties against payment;

  • e. Remuneration: the sum of the remuneration, the taxable fixed and variable expenses expenses and the rewards payable in time, excluding the sales tax, or, where a function is completed other than on the basis of a service, the sum of the amount of the remuneration fees for the performance of the duties, with the exception of any fees which would be untaxed in the event of a job performance on the basis of a service, and with the exception of turnover taxes;

  • f. Remuneration: the sum of the recurring rewards and bonuses and bonus payments, with the exception of taxable fixed and variable expenses allowances and excluding employers legally or by virtue of a general binding. (i) a collective agreement not payable on remuneration withheld from social security contributions;

  • g. Service: for the purposes of the provision of services or of the notional provision of services Act on payroll tax 1964 ;

  • h. Rewards affordable in the term: the employer's share of the rewards shall be payable in time, with the exception of the employer's share of the benefits payable in time for the termination of the service;

  • i. Benefits due to termination of employment: the sum of benefits on termination of employment and remuneration payable in time for the termination of employment, with the exception of benefits arising from a general binding collective agreement or a legal requirement;

  • j. Financial reporting document: annual report as referred to in Article 51 of the Comptability Act 2001 , annual accounts as referred to in Article 201 of the ProvincieAct , annual accounts as referred to in Article 197 of the Municipal Act or accounts for the purposes of Book 2, Title 9, of the Civil Code or, if these articles do not apply, another document drawn up by or under the law that is drawn up annually to provide insight into the financial position of a legal person or an organisation of a legal person;

  • k. Payment: For the legal person to which the person responsible is responsible, payment for remuneration or benefit on account of termination of service

    • 1 °. to the top official, or

    • 2 °. in the cases specified in the Article 2.1, fourth paragraph , and 3.1, fifth paragraph , to the natural or legal person who makes available to the top official, or

    • 3 °. for the benefit of the top official to third parties;

  • l. Financial year the year to which the financial reporting document relates;

  • m. related legal person: legal person established for the purposes of public authority law,

  • n. Our Minister: Our Minister of Home Affairs and Kingdom Relations;

  • o. Our Secretary of State, who is:

    • 1 °. in respect of the legal persons referred to in Article 1.2, first paragraph : Our Minister or, in respect of independent administrative bodies without legal personality, public bodies referred to in Article 1.2, first paragraph, parts e and f or other legal persons as referred to in Article 1.2, first paragraph, part h, our minister in whose policy area is the autonomous governing body, public body, body, or legal person, or, with respect to a public body set up under the common law Arrangements: Our Minister;

    • 2 °. in respect of the legal persons referred to in Article 1.3 (a) (a) Our minister in whose policy area the relevant institution is active;

    • 3 °. in respect of the legal persons referred to in Article 1.3 (b) (b) (b) : Our minister who the body, intended to Article 1.3 (b) (b) (b) , is that one or more members of the management of the legal person appoints or otherwise has an influence on the management or policy of the legal person, or, if the institution is not a minister, our minister;

    • 4 °. in respect of the legal persons referred to in Article 1.3 (c) (c) Our minister or, if the legal person is charged to the budget of one of our other ministers, receives one or more grants of at least € 500,000, our other minister providing the highest subsidy;

    • 5 °. in respect of the legal persons and institutions referred to in the Articles 1.3 (d), (d) , 1.4, 1st Member and Article 1.5, first paragraph : Our Minister responsible for the management of the Ministry declared in the Annex;

    • 6 °. in respect of the legal persons referred to in Article 1.3, first paragraph, part e : Our Minister of Education, Culture and Science.


Article 1.2

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  • 1 The paragraphs 2 and 4 shall apply to:

    • a. the organisations referred to by the Ministers, Article 51, first paragraph In conjunction with Article 1 of the Comptability Act 2001 , except for Article 1 (d) of that Act, to be held responsible for financial accounts;

    • b. Provinces;

    • c. communes;

    • d. The water shelves;

    • e. the public bodies for occupation and business;

    • f. the other bodies to which, by virtue of Constitution a delegated authority is granted;

    • g. the European groupings of territorial cooperation with a registered office in the Netherlands;

    • h. the other legal persons established by or under public law, with the exception of those legal persons listed in the Annex to Article 1.3 (d) (d) , or Article 1.4, first paragraph .


Article 1.3

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  • 1 The paragraphs 2 and 4 shall apply to:

    • (a) legal persons other than those established under public law, a body of which is vested in the public authority, in which the exercise of that authority constitutes the core business of the legal person;

    • (b) legal persons other than those established under public law, in which a body of an in Article 1.2 shall appoint one or more members in the management, or otherwise influence management or policy, with the exception of public limited liability companies, the Netherlands State Lottery Operations Foundation and the National Foundation for the Operation of Casinoplay in the Netherlands;

    • (c) legal persons established in the Netherlands to whom, for a period of at least three consecutive calendar years, have been granted one or more grants, which together account for at least € 500,000 per calendar year and at least 50% of the income of the legal person in that calendar year, with the exception of those legal persons included in the annexes to the Articles 1.4, 1st paragraph , and 1.5, 1st Member , with the exception of public limited companies and private companies, which drive a profit-oriented undertaking;

    • d. the Annex 1 legal persons or institutions included in this Act;

    • e. the in Annex 2 associations of educational establishments listed in this Law which are acting for their members as employers ' representatives in collective agreements or as a representative in consultation with the central government.

  • 2 On the nomination of Our Minister in accordance with our Minister (s), in the event of a general measure of management, the Annex to the first paragraph, part d, may be amended in the following cases:

    • (a) legal persons or institutions may be added to the Annex if the financing of such legal persons or institutions is, or has been, indirectly, wholly or substantially from public funds; or where such legal persons or institutions perform a legal task or otherwise serve a public interest;

    • (b) legal persons or institutions may be added to the Annex if any related legal person is involved;

    • c. Legal persons or institutions may be removed from the Annex if the ground for inclusion in the Annex no longer exists;

    • d. for amendment of the terms used in the Annex or in the case of editorial improvements.

  • 3 On the nomination of Our Minister in agreement with Our Minister (s) who it concerns, by general measure of administration the Annex to the first paragraph, part (e), in the following cases are amended:

    • a. Associations may be given to the Annex shall be added if the associations of educational institutions are those acting for their members as employers ' representatives in collective agreements or as a representative in consultation with the central government;

    • b. Associations may be of Annex shall be removed if the ground for inclusion no longer exists;

    • c. for modification of in Annex Indications used or in the case of editorial improvements.


Article 1.4

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  • 2 On the nomination of Our Minister in agreement with Our Minister (s) who co-enters, may at the time of general measure of the Board Annex in the first paragraph, the following are amended in the following cases:

    • (a) legal persons or institutions may be added to the Annex if the financing of such legal persons or institutions is, or has been, indirectly, wholly or substantially from public funds; or if such legal persons or institutions carry out a statutory task or otherwise serve a public interest, but where a remuneration of top officials with the maximum remuneration, as referred to in Article 1 (2), Article 2.3 , having regard to the factors mentioned in Article 3.6, second paragraph , is insufficient;

    • b. Legal persons or institutions may apply to the Annex shall be added if any related legal person is involved;

    • c. may be legal persons or institutions of the Annex shall be removed if the ground for inclusion in the Annex no longer exists;

    • d. for modification of in Annex Indications used or in the case of editorial improvements.


Article 1.5

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  • 2 On the nomination of Our Minister in agreement with Our Minister (s) who co-enters, may at the time of general measure of the Board Annex in the first paragraph, the following are amended in the following cases:

    • a. Legal persons or institutions may apply to the Annex shall be added if the funding of such legal persons or institutions is, or has been, indirectly, wholly or substantially from public funds, or if such legal persons have an interest in the public;

    • b. Legal persons or institutions may of the Annex shall be removed if the ground for inclusion in the Annex no longer exists;

    • c. for modification of in Annex Indications used or in the case of editorial improvements.


Article 1.6

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  • 1 In so far as the parties agree to a higher remuneration than is permitted by or pursuant to this Law, the amount of remuneration shall be automatically the amount of the amount which is not more than the maximum. Payments in excess of that amount shall not be paid.

  • 2 In so far as the parties agree to a higher payment for termination of service than is permitted by or under this law, the amount of the benefit shall be the amount of the amount which is not more than one. Payments that exceed that amount shall be unpaid, unless the payment results from a court ruling.

  • 3 To the extent that parties agree a profit-sharing, bonus or other form of variable remuneration, this agreement shall be void unless that agreement relates to exceptions under the general measure of management, intended to Article 2.11 or Article 3.8 . The payment of a profit-sharing, bonus or other form of variable remuneration is void, unless that payment relates to certain exceptions to or under general management measure.

  • 4 Any clause between the parties to the waiver of an unpayable payment or a donation that is settled by the unpayable payment shall be null and void.


Article 1.7

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  • 1 In so far as this does not already arise from another legal requirement, the information to be included in the financial reporting document under this law shall be subject to the judgment of an auditor, as referred to in Article 3 (1). Article 393, 1st paragraph, of Book 2 of the Civil Code .

  • 2 In the financial reporting document, unowed payments as referred to in Article 1.6 recorded as exposures to the relevant top official or senior senior officer concerned, and, in the cases, intended in the Article 2.1, fourth paragraph , and 3.1, fifth paragraph , also the natural or legal person who makes available the top official and always separately stated in the notes.


Article 1.8

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As regards persons to whom our Minister so decides, the salary items relating to security measures shall not be counted as remuneration for the purposes of this Act.


Article 1.9

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  • 1 Our Minister, by ministerial arrangement, may lay down detailed rules on:

    • a. The salary is calculated;

    • (b) the allocation of items of remuneration to any calendar year;

    • (c) which is counted among the benefits due to the termination of the service;

    • d. the audit of the financial reporting document by the auditor on compliance with this law and the related provisions thereto.

  • 2 Without prejudice to: Articles 2.11 and 3.8 , income components of a general measure of management may be designated that are not part of the remuneration, if there are incidental income items arising from regular employment conditions and that are reasonably available do not qualify as remuneration.


Article 1.10

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Our Minister, in agreement with our Minister, may lay down policy rules relating to the exercise of a power conferred on it by our Minister under this law or on the basis of which it is based.


§ 2. Beatator maximum

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Article 2.1

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  • 1 Parties shall not be remuneated in a calendar year exceeding the maximum amount of remuneration referred to in the Article 2.3 .

  • In the case of a service whose size is smaller than that of the usual full-time employment service, the parties shall not be remunnating more than the maximum remuneration per calendar year, as provided for in Article 2 (1). Article 2.3 , multiplied by the number of hours to which the service relates and divided by the number of hours of a full-time service.

  • 3 In the case of a service with a duration of less than one calendar year, the parties shall not be paid more than the maximum remuneration referred to in Article 3 (1). Article 2.3 , multiplied by the number of days on which the service is related and divided by 365.

  • 4 In case the position of top official is fulfilled for more than 12 months in a period of eighteen months other than on the basis of a service, the parties come from the first day of the thirteenth month in the period of (i) 18 months no remuneration exceeding the maximum remuneration per calendar year in respect of which the salary is to be paid Article 2.3 . The second and third paragraphs shall apply mutatis mutandis. In the case of, or under general management, rules on maximum remuneration shall be laid down in the case of the position of top official in a period of 18 months for a maximum period of 12 months other than on the basis of a general measure. Employment.

  • 5 A top official who is also employed by a related legal person or a legal person as referred to in Article 3 (1). Article 1.3 (b) (b) (b) Where the sum of the remuneration is more than the sum of the remuneration, the person responsible and the person responsible of the related legal person or the legal person referred to in Article 1.3 (b) shall not be remunerating in so far as the sum of the remuneration exceeds the amount of maximum remuneration, for the purpose of Article 2.3 .

  • 6 The second to fifth members shall apply mutatis mutandis if, on the basis of the above, the Article 2.4 , 2.6 or 2.7 one of Article 2.3 Derogation amount has been fixed.


Article 2.2

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  • 1 By way of derogation from Article 2.1, first paragraph, parties to the members of the highest supervisory bodies of a legal person or institution, as referred to in Article 1 (2), shall be the subject of the decision Article 1.2 Parts f, g and h and Article 1.3 does not correspond to a salary which exceeds 10% per calendar year for the legal person or institution on the basis of the Article 2.3 , Article 2.5 , Article 2.6 or Article 2.7 maximum remuneration in force. In the case of, or under general management, exceptions to which the preceding sentence shall be disregarded shall be determined.


Article 2.3

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  • 1 The salary of a top official shall not exceed € 178,000 per calendar year,-[ Red: from 1 January 2016: € 179,000,-].

  • 2 The amount, referred to in paragraph 1, shall be adjusted by 1 January each year under ministerial terms to the development of contractual labour costs for the general government, as in the year of adoption of the ministerial arrangement; the Central Statistical Office has adopted the preceding year, and is rounded off to a thousand times in euro.

  • 3 The amount, referred to in paragraph 1, shall not be changed under paragraph 2 where the application of the second paragraph does not lead to an increase in the amount.

  • 4 The ministerial arrangement referred to in paragraph 2 shall be published before 1 November prior to the year to which the amendment relates.


Article 2.4

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  • 1 Our Minister, for whom it concerns and our Minister, may decide jointly that the parties may agree to a higher pay higher than the maximum salary provided for by that decision in accordance with Article 2.3 .

  • Our Minister to whom it enters and our Minister shall take a decision as referred to in paragraph 1 in respect of a legal person governed by public law or a legal person as referred to in Article 2 (1). Article 1.3 (a) (a) , in accordance with the views of the Council of Ministers.

  • 3 Of a decision referred to in paragraph 1 shall be communicated by the State Official Gazette.


Article 2.5

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Our Minister, who is responsible for it and our Minister, may, in agreement with the Council of Ministers, be able to provide for one or more posts of top officials in a legal person or institution. determining higher than the maximum remuneration, as set out in Article 2.3 Where the special labour market conditions justify a higher amount, but not higher than the maximum remuneration provided for in Article 2.3, first paragraph, as that Article was given on the day prior to the entry into force of the Reduction of WNT salary cap .


Article 2.6

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  • 1 Our Minister, for whom it is a matter of concern, heard our Minister, under ministerial arrangement for legal persons and institutions as referred to in Article 1.2, parts e to h , Article 1.3 (a) (b) and (c) -and the Annexes to Article 1.3, first paragraph, parts d and e, fix a lower amount than the amount of remuneration provided for in the Article 2.3 . Our Minister, for whom it is concerned, shall fix that amount annually in November preceding the year to which that amount relates.

  • 2 Our Secretary of State may decide that the parties may agree a higher amount by that decision than the amount referred to in paragraph 1. The amount shall not exceed the amount of remuneration provided for in Article 2.3 .

  • 3 Of a decision referred to in paragraph 2 shall be communicated by the State Official Gazette.


Article 2.7

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  • 1 In the case of a ministerial arrangement by our Minister, the various legal persons or organizations may enter into Article 1.3 (d) (d) , designated category shall be classified in classes on the basis of criteria relating to, inter alia, the size of legal persons or institutions.

  • 2 Our Minister, for whom it is the Minister of the European Parliament, may, for the various classes, be responsible for fixing a lower sum than the maximum salary, as provided for in Article 2.3 , or the amount, intended in Article 2.6, first paragraph . Our Minister, for whom it is concerned, shall fix the amounts each year in November preceding the year to which the amounts relate.

  • 3 Our Minister of Justice may decide, in respect of a legal person or institution, that the application of the criteria leads to classification in a particular class. A legal person or an institution may ask our Minister for whom it is to be classified in another class. The ministerial arrangement contains rules on the procedure.

  • 4 Our Secretary of State may decide that the parties may agree a higher amount by that decision than the applicable amount referred to in the second or third paragraph. The amount shall not exceed the amount of remuneration provided for in Article 2.3 Under ministerial rules, rules may be laid down on the procedure.

  • 5 A decision as referred to in paragraphs 3 and 4 shall be communicated by the State Official Gazette.


Article 2.8

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Our Minister, for whom it is a matter of ministerial arrangement for legal persons and institutions as referred to in Article 2.6, first paragraph , for the application of Article 2.1, second paragraph , establish a number which is the same as the size of the service of the members of the supervisory bodies as referred to in Article 4 (2). Article 1.1, part b, below 4 ° and 5 ° . The number may be higher for chairmen of supervisory bodies. The number is not higher than the Article 2.2 those percentages, unless the legal person or institution is exempted under Article 2.2.


Article 2.9

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  • 2 When fixing the amounts specified in: Article 2.6, first paragraph , or Article 2.7, second paragraph Our Secretary of State will take account of the following:

    • a. The remuneration for similar functions in bodies referred to in Article 1.2 ;

    • (b) remuneration in relevant other sectors of the labour market;

    • c. the ratio of the remuneration of other personnel to the relevant legal persons or institutions;

    • d. Social attitudes about the height.


Article 2.10

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  • 1 Parties do not agree benefits on termination of employment, which together exceed the sum of the remuneration and the provisions for remuneration payable in the 12-month period prior to the period of service. termination of the service, up to a maximum of € 75 000. In the case of a service whose size is smaller than that of the usual full-time employment service, the maximum amount of the benefits shall not exceed € 75 000, multiplied by the number of hours on which the service is to be paid and divided by the number of hours of a full time service.

  • 2 In the case of a general measure of management, on the proposal of our Minister, the amount referred to in paragraph 1 may be changed if wage developments so give rise to this.

  • 3 For the purposes of applying this Law, remuneration for a period in which the top official does not perform any duties in anticipation of termination of employment shall be considered to be a payment for termination of service and shall be the subject of a the date on which the top official termines the performance of his duties as a date on which the service is terminated.


Article 2.11

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The parties shall not agree any bonuses, bonus payments or any other forms of variable remuneration, unless such agreement applies to exceptions provided for in or under general management.


§ 3. Sectoral remuneration standard

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Article 3.1

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  • 1 The parties do not agree to pay any more than the one agreed by our Minister for the applicable in the Annex to this Decision. Article 1.4, first paragraph , designated category for that year fixed amount.

  • 2 If application is given to Article 3.4, first paragraph The parties do not agree to pay more than the amount agreed by our Minister for the legal person or organization in question for that year.

  • 3 In the case of a service of a size smaller than that of the usual full-time employment service, the parties do not agree to pay a salary which exceeds the amount per calendar year by the Secretary of State for whom it is concerned year fixed amount, multiplied by the number of hours on which the service relates and divided by the number of hours of a full-time service.

  • 4 In the case of a service of a duration shorter than one calendar year, the parties shall not be paid more than the amount fixed by our Minister for that year, multiplied by the number of days on which the employment of the parties is the employment relationship has been shared by 365.

  • 5 In case the position of top official is fulfilled for more than 12 months in a period of eighteen months other than on the basis of a service, the parties come from the first day of the thirteenth month in the period of (i) for 18 months no remuneration exceeds the amount agreed by our Minister for the year in question in respect of each calendar year. The third and fourth paragraphs shall apply mutatis mutandis. In the case of, or under general management, rules on maximum remuneration shall be laid down in the case of the position of top official in a period of 18 months for a maximum period of 12 months other than on the basis of a general measure. Employment.

  • 6 A top official who is also employed by a related legal person, the person responsible and the person responsible of the related legal person shall not be remunerating in so far as the sum of the remuneration exceeds the amount of the sum paid by the person concerned. the content of the Annex to this Regulation: Article 1.4, first paragraph Amount of the said legal person referred to in Article 3.3 or Article 3.4, second paragraph .


Article 3.2

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  • 1 By way of derogation from Article 3.1, first paragraph parties to the members of the highest supervisory bodies of a legal person or institution, as referred to in Article 1 (2), shall be the subject of the decision Article 1.4 does not correspond to a salary which exceeds 10% per calendar year for the legal person or institution on the basis of the Article 3.1, first paragraph , Article 3.4 or Article 3.5 maximum remuneration in force. In the case of, or under general management, exceptions to which the preceding sentence shall be disregarded shall be determined.


Article 3.3

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Our Minister, for whom it is the Minister's concern, shall be heard by our Minister, as referred to in Article 3.1, first paragraph , fixed annually in November of the year preceding the year to which the amount relates.


Article 3.4

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  • 1 In the case of a ministerial arrangement by our Minister, the various legal persons or organisations may, within one of the conditions laid down in the Annex to Article 1.4, first paragraph , designated category shall be classified in classes on the basis of criteria relating to, inter alia, the size of legal persons or institutions.

  • 2 Our Minister to whom it enters can be heard, our Minister, at the same time as the amount, intended to Article 3.3 , determine a lower amount for the different classes.

  • 3 Our Minister of Justice may decide, in respect of a legal person or institution, that the application of the criteria leads to classification in a particular class. A legal person or an institution may ask our Minister for whom it is to be classified in another class. The ministerial arrangement contains rules on the procedure.

  • 4 Our Secretary of State may decide that the parties may agree a higher amount by that decision than the applicable amount referred to in the second or third paragraph. The amount shall not exceed the amount of remuneration provided for in Article 3.1 Under ministerial rules, rules may be laid down on the procedure.

  • 5 A decision as referred to in paragraphs 3 and 4 shall be communicated by the State Official Gazette.


Article 3.5

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Our Minister, for whom it is a matter of ministerial arrangement for legal persons and institutions as referred to in Article 3.4, first paragraph , for the application of Article 3.1, third paragraph , establish a number which is the same as the size of the service of the members of the supervisory bodies as referred to in Article 4 (2). Article 1.1, part b, below 4 ° and 5 ° . The number may be higher for chairmen of supervisory bodies. The number is not higher than the Article 3.2 those percentages, unless the legal person or institution is exempted under Article 3.2.


Article 3.6

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  • 1 The relevant legal persons or bodies referred to in the Annex to: Article 1.4, first paragraph In September preceding the year to which the amount relates, or a grouping of such legal persons or institutions, a proposal shall be made to the Minister for whom the amount is to be made. Article 3.3 or the amounts referred to in Article 3.4, second paragraph .

  • 2 When fixing an amount as referred to in Article 3.3 or Article 3.4, second paragraph Our Secretary of State will take account of the following:

    • a. The remuneration for similar functions in bodies referred to in Article 1.2 ;

    • (b) remuneration in relevant other sectors of the labour market;

    • c. the ratio of the remuneration of other personnel to the relevant legal persons or institutions;

    • d. Social attitudes about the height.


Article 3.7

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  • 1 Parties do not agree benefits on termination of employment, which together exceed the sum of the remuneration and the provisions for remuneration payable in the 12-month period prior to the period of service. termination of the service, up to a maximum of € 75 000. In the case of a service whose size is smaller than that of the usual full-time employment service, the maximum amount of the benefits shall not exceed € 75 000, multiplied by the number of hours on which the service is to be paid and divided by the number of hours of a full time service.

  • 2 In the case of a general measure of management, on the proposal of our Minister, the amount referred to in paragraph 1 may be changed if wage developments so give rise to this.

  • 3 For the purposes of applying this Law, remuneration for a period in which the top official does not perform any duties in anticipation of termination of employment shall be considered to be a payment for termination of service and shall be the subject of a the date on which the top official termines the performance of his duties as a date on which the service is terminated.


Article 3.8

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The parties shall not agree any bonuses, bonus payments or any other forms of variable remuneration, unless such agreement applies to exceptions provided for in or under general management.


§ 4. Disclosure

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Article 4.1

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  • 1 The person responsible shall indicate in the financial reporting document of each top official and each former senior staff member the following information:

    • a. Name;

    • b. the reward;

    • c. the taxable fixed and variable expenses allowances;

    • d. The provisions for the benefit of rewards shall be payable on a fixed term basis;

    • e. the function or functions;

    • f. the duration and size of the service related to the financial year.

  • 2 In the case of the function being carried out other than on the basis of a service, the person responsible shall, by way of derogation from the first member of each senior official and any former senior staff member, state:

    • a. Name;

    • (b) remuneration;

    • c. the function or functions;

    • d. the duration and extent of job performance in the financial year.

  • 3 The person responsible shall state in the financial reporting document of each top official and each former top official the benefits made during the financial year on account of termination of employment, and the name and function or functions which are held during the course of employment and the year in which the service has ended.

  • (4) Where the remuneration of a top official or of a former top official is more than the maximum remuneration or benefits provided for in the institution by or under this law, or the total of the benefits arising from the termination of the employment of the staff of the a top official or a former top official shall be or shall be more than the amount specified in: Article 2.10, first paragraph , or Article 3.7, first paragraph , the person responsible shall state the reasons for this overrun in the financial reporting document.

  • 5 The controller shall transmit by electronic means no later than 1 July of the year following the financial year, the data referred to in the first to fourth members of our Minister, unless our Minister for whom it is concerned is the possibility of has opened electronic provision.


Article 4.2

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  • 1 The person in charge shall indicate in the financial reporting document of each person in charge of who shall not already receive the remuneration on the basis of Article 4.1 is included in the financial reporting document and whose remuneration of function or functions is the maximum remuneration, as referred to in Article 4 (1) of the Financial Reporting Document. Article 2.3, first paragraph , the following information has been exceeded:

    • a. the reward;

    • b. The taxable fixed and variable expenses allowances;

    • c. The provisions for the benefit of rewards shall be payable on a fixed term basis;

    • d. the function or functions;

    • e. the duration and size of the service related to the financial year.

  • 2 The first paragraph shall apply mutatis mutandis in the case of a service of a quantity smaller than that of the usual full-time employment and where the salary is greater than the maximum remuneration, Intended in Article 2.3 , multiplied by the number of hours covered by the service and divided by the number of hours of a full-time service.

  • 3 The responsible record in the accounting document shall indicate the benefits made in the financial year for termination of employment, and the function or functions held during the employment period and the year in which it is to be used. Employment of persons in employment of whom the remuneration is not already on the basis of Article 4.1 is included in the financial reporting document and

    • a. whose data in any prior year was based on the first member or on the basis of Article 6, first paragraph, of the Act of Disclosure of Public Resources financed top-income , as that article has been recorded or should have been included in the financial reporting document prior to the entry into force of this Article, or

    • (b) of whom the total of the benefits due to the termination of employment is or exceeds the maximum remuneration provided for in Article 2.3 , that applied in the year in which the service was terminated, where applicable, in accordance with the second paragraph.

  • 4 If the accounting year does not correspond to a calendar year, the term referred to in the first paragraph, the remuneration, the function or functions relating to the calendar year immediately preceding the accounting year.

  • 5 In the cases referred to in the first or third paragraphs, subparagraph (b), the person responsible in the financial reporting document shall state the excess of the maximum remuneration referred to in Article 4 (1). Article 2.3 .

  • 6 The person responsible shall also indicate in the accounting document of those whose remuneration, function or functions and duration of service is stated, that information relating to the calendar year preceding the year in which the financial year was Obligation in the first and second paragraphs.

  • 7 The controller shall transmit by electronic means no later than 1 July of the year following the financial year, the data referred to in the first, third, fifth and sixth paragraphs to our Minister, unless our Minister, who is responsible for the possibility of has opened electronic provision.


§ 5. Enforcement

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Article 5.1

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  • 1 The supervision of compliance with this law shall be subject to the persons assigned to it by the decision of Our Minister.

  • 2 Of a decision referred to in paragraph 1 shall be communicated by the State Official Gazette.


Article 5.2

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  • 1 The auditor, for the purpose of Article 393, 1st paragraph, of Book 2 of the Civil Code , report an unjustified payment to Our Minister, or our Minister, who enters it if it has opened the possibility of electronic provision, if any claim on a top official or former top official and, in the case of cases, intended for use in the Article 2.1, fourth paragraph , and 3.1, fifth paragraph , the natural or legal person who makes available to the top official of the unpayable payment:

    • a. is not included in the financial reporting document; or

    • b. at the time when the auditor gives his opinion on the financial reporting document by the relevant top official, former senior official, or, in the cases, intended Article 2.1, fourth paragraph , and 3.1, fifth paragraph , the natural or legal person at the disposal of the top official has not yet been reimbursed.

  • 2 If the financial reporting document is not the right one in the Articles 4.1 and 4.2 the auditor shall report the missing information or the lack of the justification for the statement of the reasons given to our Minister, or to our Minister, if such information is to be given to the Secretary of State or to our Minister. has opened electronic provision.


Article 5.3

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The Tax Office, pension funds, as well as insurers who have been made payments to a top official for remuneration payable on a long-term or payment due to termination of employment are required to pay provide, upon request, to our Minister, who shall give it free of charge and provide information necessary for the implementation of this Law.


Article 5.4

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  • 1 Our Secretary of State is in the process of maintaining the paragraphs 2 and 3 competent to impose a burden on the parties on the penalty payment.

  • 2 Of a charge under penalty payments as referred to in paragraph 1 shall be communicated by the State Official Journal.

  • 3 Our Secretary of State may forfeit the periodic penalty payments with existing claims made by the legal person who has forfeited the periodic penalty payment to our Minister.


Article 5.5

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  • 1 If the charge imposed is not carried out, our Minister shall require whom, subject to the withdrawal of the charge, the charge entered in the charge shall be paid to the top official or the former top-level officer. The publication of the decision to claim the claim shall expire on the amount of the payment of an unpayable payment. The amounts claimed shall be allocated to the State.

  • 2 In the cases referred to in the Article 2.1, fourth paragraph , and 3.1, fifth paragraph , the unpayable payment may be claimed from the top official or the former senior official and the natural or legal person who has made available the top official or the former top official.

  • 4 Our Secretary of State shall not claim an unjustified payment if the claim for an unpayable payment is time-barred. The burden, for the purpose of Article 5.4 -It's a stout of the statute. Our Secretary of State may express the limitation period in the claim arising out of the unpayable payment by notifying the parties.


Article 5.6

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  • 1 Our Secretary of State shall be responsible for making the data publicly available to the public in so far as they are based on the Articles 4.1 and 4.2 should have been included in the financial reporting document. Disclosure shall be effected as far as possible in the manner prescribed for the financial reporting document, as well as by publication in the Official Journal.

  • 2 The person responsible shall be liable to pay the costs related to the disclosure provided for in paragraph 1. The costs of drawing up the document to be published shall be included in those costs. In the case of a general measure of management, detailed rules may be laid down as to how the amount of the costs is to be determined.

  • 3 Our Secretary of State may, in the case of the person responsible, recover the costs due from the second paragraph from the order of the person responsible.


§ 6. The advisory college of standards for the remuneration of top officials

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Article 6.1

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  • 1 There is an advisory college of standards for the remuneration of top-level officials.

  • 2 The College shall consist of a Chairperson and a maximum of five other members.


Article 6.2

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  • 1 The task of the College is to advise the Government on:

    • (a) the policy of remuneration of top officials within the meaning of this Act;

    • b. the application of this law by parties.

  • 2 The College shall deliver an opinion to the Government at least once every four years on the remuneration policy of top officials in the public and semi-public sector and on the improvement of the application and effectiveness of this Act.


§ 7. Transitional and final provisions

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Article 7.1

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Each year by 31 December, the States-General shall be sent an overview of the implementation of the Act. Our Secretary of State coordinates the dispatch. The summary shall contain at least:

  • a. by legal person or institution the information required by the Article 4.1, first to fourth paragraph , are or should have been included in the financial reporting document for the previous year, except for the name of the top official or former top official, to the extent that the remuneration of the top official or the former Top official of the maximum remuneration Article 2.3, first paragraph , has been exceeded, or, if it is lower, exceeds the maximum remuneration laid down for him by or under this Law, or the total of the benefits arising from the termination of the service, the amount of the amount in question, Article 2.10, first paragraph , or Article 3.7, first paragraph , exceeds;

  • b. by legal person or institution the information required by the Article 4.2, first to sixth paragraph , are or should have been included in the financial reporting document for the previous year;

  • c. data relating to the exceptions;

  • d. data relating to infringements and enforcement measures.


Article 7.2

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Our Minister shall, within three years of the entry into force of this Act, and thereafter every three years thereafter, send to the States General a report on the effectiveness and effects of this law in practice.


Article 7.3

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  • 1 By way of derogation from Article 2.1 Other Article 3.1 , is a remuneration agreed between the parties prior to the entry into force of this Act, exceeding the maximum remuneration referred to in Article 4 (1) of the Treaty. Article 2.3 As this article was published on the day prior to the entry into force of the Reduction of WNT salary cap , the amount referred to in the second paragraph of Article 3.3 , permitted for a maximum period of four years after the entry into force of this Act. The salary referred to in the preceding sentence shall be increased only if that increase and the manner in which it is calculated have been agreed between the parties prior to the entry into force of this Act. The Articles 5.4 to 5.6 shall apply.

  • 2 Where modification of the Annex to: Article 1.3, first paragraph, part d or e , or Article 1.4, first paragraph , this law applies to the remuneration agreed between the parties, is by way of derogation from Article 2.1 Other Article 3.1 , prior to the entry into force of that amendment, agreed between the parties, which is more than the maximum remuneration, as referred to in Article 4 (1) of the Article 2.3 , the amount referred to in the second paragraph of Article 3.3 , authorised for a maximum period of four years from the date of entry into force of the amendment to the Annex. The salary referred to in the preceding sentence shall be increased only if that increase and the manner in which it is calculated have been agreed between the parties prior to the entry into force of that amendment. The Articles 5.4 to 5.6 shall apply.

  • 3 A salary for the members of the highest supervisory bodies of a legal person or institution that deviates from Article 2.2 , below Article 3.2 , if the remuneration has been agreed prior to the entry into force of this Act, or prior to the entry into force of the amendment of the Annexes to Article 1.3, first paragraph, part d or e , or Article 1.4, first paragraph , making this law applicable to the relevant legal person or institution, authorised for a maximum period of four years after the entry into force of this Act or the entry into force of the amendment of the Annex. The salary referred to in the preceding sentence shall be increased only if that increase and the manner in which it is calculated prior to the entry into force of this law are, among other things, the amendment of the Annex, between the parties agreed. The second paragraph shall apply mutatis mutandis. The Articles 5.4 to 5.6 shall apply.

  • 4 If the Reduction of WNT salary cap enters into force or is applied to Article 2.6, first paragraph , Article 2.7, second paragraph , Article 2.8 , Article 3.4, second paragraph , or Article 3.5 , a salary agreed between the parties exceeds the applicable amount, allowed, if the agreement is concluded prior to the entry into force of that law or the ministerial arrangement, or prior to the entry into force of the amendment to the Annex to Article 1.3, first paragraph, part d or e , or Article 1.4, first paragraph , making this law applicable to the relevant legal person or institution, for a maximum of four years from the date of entry into force of that law or the ministerial arrangement or amendment to the Annex, unless on the basis of the first to a period of not more than four years has been started for a period of more than four years. The salary referred to in the preceding sentence shall be increased only if that increase and the manner in which it is calculated prior to the entry into force of that law or the ministerial arrangement, or prior to the entry into force of that law, shall be the amendment of the relevant Annex has been agreed between the parties. The Articles 5.4 to 5.6 shall apply.

  • 5 If one in a class as intended in Article 2.7, first paragraph , or 3.4, 1st Member Where a legal person or institution is currently classified in a class for which a lower amount has been fixed on the basis of unaltered criteria, this classification shall take effect as from 1 January of the following calendar year. Any remuneration that exceeds the amount applicable to the applicable class shall be authorised for a maximum period of four years following the change in the classification, prior to the amendment of the classification between the parties. The salary referred to in the previous sentence shall be increased only if that increase and the manner in which it is calculated have been agreed prior to the change in the classification between the parties. The Articles 5.4 to 5.6 shall apply.

  • 6 A clause by way of derogation from Article 2.10, first paragraph , below Article 3.7, first paragraph , if the clause has been agreed prior to the entry into force of this Act, or prior to the entry into force of the amendment to the Annex to this Regulation, Article 1.3, first paragraph, part d or e , or Article 1.4, first paragraph , making this law applicable to the legal person or institution concerned, or prior to the application of the grant decision making this law applicable to the legal person or institution concerned, be authorised for a maximum period of four years from the date of entry into force of this Act or the amendment of the Annex, or the publication of the grant decision.

  • 7 By way of derogation from Article 2.11 or Article 3.8 is a profit-sharing, bonus payment or other variable remuneration agreed between the parties prior to the entry into force of this Act, or prior to the entry into force of the amendment to the Annex to Article 1.3, first paragraph, part d or e , or Article 1.4, first paragraph , making this law applicable to the relevant legal person or institution, allowed for a maximum period of four years after the entry into force of this Act or the amendment to the Annex.

  • 8 If by grant of a grant, intended in Article 1.3 (c) (c) , this law applies to a legal person, is by way of derogation from Article 2.1 Other Article 3.1 , a remuneration agreed between the parties prior to the application of that Decision, exceeding the maximum remuneration, as referred to in Article 4 (1), Article 2.3 , authorised for a maximum period of four years from the date of publication of the grant decision. The salary referred to in the preceding sentence shall be increased only if that increase and the manner in which it is calculated have been agreed between the parties prior to the application of that decision. The Articles 5.4 to 5.6 shall apply.

  • 9 If the period of four years referred to in the first to the fifth paragraph has expired, the agreed remuneration shall be reduced to the ceiling applicable to the legal person or institution in a period of three years. In the first year, the reduction shall be a fourth part of the difference between the salary enjoyed by the first to the fourth Member State and the maximum amount in force. In the second year, the reduction shall be a third part of the difference between the first year of remuneration and the maximum amount in force. In the third year, the reduction shall be a second part of the difference between the remuneration of the second year and the maximum amount in force. Any agreed increase as referred to in the first to fourth paragraphs shall not apply.

  • 10 If a service to which this Article applies is prolonged, this post shall remain beyond the extension beyond the date of extension.

  • 11 For the purposes of this Article, no change in the remuneration, or duration of employment agreed between 6 December 2011 and 1 January 2013 shall not be taken into account unless the amendment relates to remuneration. which is not higher than the maximum remuneration, for the purpose of Article 2.3 , the amount referred to in the second paragraph of Article 3.3 , then it's under Article 2.6 applicable amount, as applicable from 1 January 2013.


Article 7.3a

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  • 1 If on the basis of Article 7.3 As that article was stated on the day prior to the entry into force of the Reduction of WNT salary cap (i) a higher remuneration than the maximum salary of Article 2.3 or under a ministerial arrangement as referred to in Article 4 (2). Article 2.6, first paragraph , Article 2.7, second paragraph or Article 2.8 , applicable amount, and that amount simultaneously with the entry into force of the Wet Reduction of WNT or in accordance with Article 7.4, second paragraph , shall be reduced, shall be replaced by 'the ceiling applicable to the legal person or institution' or 'the maximum applicable' in Article 7.3 (9): on the day prior to the entry into force of the Wet Reduction of WNT for the legal person or institution valid maximum.

  • 2 In the case referred to in paragraph 1, after the expiry of the three-year period referred to in Article 2, Article 7.3 (9) , the salary shall be reduced to the ceiling applicable to the legal person or institution in a period of two years. From the first year, the salary shall be reduced to the day prior to the entry into force of the Reduction of WNT salary cap for the legal person or institution valid maximum. In the second year, the reduction shall be half the difference between the maximum amount of WNT applicable on the day preceding the entry into force of the Wet Reduction Act and the maximum applicable.

  • This item is not applicable for the purposes of the Article 2.2 The members referred to, the vice-chairmen of the most senior supervisory bodies.


Article 7.4

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  • 2 If, for the calendar year 2015, our Secretary of State does not determine the amounts referred to in paragraph 1 by 1 January 2015, by derogation from Article 2.6, first paragraph , and Article 2.7, second paragraph , the amounts that our Minister to whom it enters into pursuant to those Articles has fixed for calendar year 2014, effective for the calendar year 2015, even if those amounts are higher than the statutory salary cap, intended Article 2.3 .


Article 7.4a

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  • 2 The general measure of management referred to in paragraph 1 shall lay down rules on the transitional law in respect of remuneration agreed between the parties prior to the entry into force of the general measure of management.


Article 7.5

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In case of benefits related to termination of employment as referred to in Article 4.2, third paragraph, part b , where the relevant service has ended prior to the entry into force of this Act, the person responsible shall state the information referred to in Article 4.2 (3) if the total of the benefits due to the termination of the contract more than the maximum amount of remuneration referred to in the Article 2.3 , which relates to the year in which this Act enters into force.


Article 7.6

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Article 7.7

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Article 7.8

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Article 7.9

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This Act shall enter into force on a date to be decided by Royal Decree, except: Article 2.3 , which shall enter into force from the day following the date of issuance of the Official Gazette, in which this Law is placed. That decision may amend the amounts referred to in Article 2.3 (1), as provided for in Article 2.3 (3).


Article 7.10

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This law is cited as: Law normalization top officials public and semi-public sector.

Burdens and orders that it will be placed in the Official Gazette, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.

Entry

' s-Gravenhage, 15 November 2012

Beatrix

The Minister of Home Affairs and Kingdom Relations,

R. H. A. Plastrong

Published the 23rd of November 2012

The Minister for Security and Justice,

I. W. Opstelten


Annex 1. For Article 1.3 (d) (d) , under the law standards remuneration top officials public and semi-public sector.

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Ministry of the Interior and Kingdom Relations

  • 1. The Article 19, first paragraph, of the Housing Act legal persons authorised.

  • 2. The Foundation Centre for Industrial Relations Unit of the Government of The Hague.

  • 3. The Foundation for Democracy and Rule of Law at The Hague.

  • 4. The Hague Foundation in The Hague.

  • 5. The Foundation for Europe Decentral, Knowledge Centre European Law and Policy for Local Authorities in The Hague.

  • 6. The Association of Dutch Living in Amsterdam.

  • 7. The Foundation A + O Fund Empire in The Hague.

  • 8. The Foundation Connected Sector Employers Government (VSO) in The Hague.

  • 9. The Building Quality Foundation in Rijswijk.

  • 10. The Foundation Platform 31 in The Hague.

  • 11. The Foundation Guarantee Fund Own Homes in Zoetermeer.

  • 12. The Foundation Guarantee Fund Social Housing, Hilversum.

Ministry of Infrastructure and the Environment

Ministry of Education, Culture and Science

Ministry of Economic Affairs

Ministry of Health, Welfare and Sport

Ministry of Security and Justice

Ministry of Foreign Affairs

  • (1) Legal persons established in the Netherlands who receive a grant under the State Subsidies Framework Law for the integral costs of the work of an institution.

  • (2) Legal persons established in the Netherlands who receive a grant under the State Subsidies Framework Law which together with any other subsidy granted due to the central government exceeds 50% of the annual revenue of the legal person.

  • 3. The Stichting Radio Nederland Wereldomroep, intended in Article 2.72 of the Media Act 2008 .

Ministry of Finance


Annex 2. For Article 1.3, first paragraph, part e , under the law standards remuneration top officials public and semi-public sector.

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  • 1. The Association PO-Board in Utrecht.

  • 2. The association of VO-raad in Utrecht.

  • 3. The association MBO Council at Woerden.

  • 4. The Society Hogescholen in The Hague.

  • 5. The Association of Collaborating Dutch Universities in The Hague.


Annex 3. For Article 1.4, first paragraph , under the law standards remuneration top officials public and semi-public sector.

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Ministry of Health, Welfare and Sport

The health insurers that Article 25 of the Zorginsurance Act or Article 4.1.1 of the Act on long-term care have been notified as such.


Annex 4. For Article 1.5, first paragraph , under the law standards remuneration top officials public and semi-public sector.

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Ministry of Infrastructure and the Environment

  • 1. The under Articles 15a, second paragraph , and 15b, first paragraph, of the Maritime Traffic Act designated organisation.

    Old

    New

    1.1. to 1.9

    Idem

    2.1

    Idem

    2.1a

    (amt) 33)

    2.2

    2.2

    2.3

    2.3

    2.4

    2.4

    2.5

    2.5

    2.6

    2.6

    2.7

    2.6a

    (amt) 2.6a)

    2.8

    2.7

    2.9

    2.8

    2.10

    2.8a

    (amt) 40)

    2.11

    3.1

    Idem

    3.1a

    (amt) 33)

    3.2

    3.2

    3.3

    3.3

    3.4

    3.3a

    (amt) 3.3a)

    3.5

    3.4

    3.6

    3.5

    3.7

    3.5a

    (amt) 40)

    3.8

    4.1 and 4.2

    Idem

    5.1 to 5.6

    Idem

    6.1 and 6.1

    Idem

    7.1 to 7.10

    Idem