Key Benefits:
Decision of 19 November 1998 laying down certain legal provisions concerning civil servants in the department responsible for the carriage of civil servants and senior civil servants (Decision on passenger drivers). Rijksdienst)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the nomination of Our Minister of the Interior and of the Kingdom of the Netherlands of 18 September 1998, number AD1998/U50458, Directorate-General Management and Personnel Management, Personnel Management Department, Labour Conditions and Employment Policy, and Social Policy;
Having regard to Article 125 of the Civil Service Act ;
The Council of State heard (opinion delivered on 22 October 1998, No W04.98.0437)
Having regard to the detailed report of our Minister of the Interior and of the Kingdom Relations of 12 November 1998, number AD1998/U56042 Directorate-General Management and Personnel Management, Staff Management Department, Labour Conditions Division and social policy;
Have found good and understand:
For the purpose of this Decision:
a. Our Minister: the Head of the relevant Department of General Administration;
b. person driver: the official appointed on the basis of the General Civil Service Regulations , the Regulation Service Foreign Affairs or the Staff Regulations of States-General which is responsible for the transport of directors and senior officials and as such has been designated by our Minister;
c. Work duration factor means the breakage of which the numerator is composed of the working time determined for the person driver and the denominator consists of the number 48.
With regard to the application of this Decision to person drivers to the First and Second Chamber of the States-General, the General Court of Auditors, the High Court of Adel, the Cabinet of the King, the Chancellery of the Netherlands, the National Ombudsman, The Council of State or the Secretariat of the Supervisory Board of the intelligence and security services shall be read, respectively, to our Minister, respectively, to the Presidents of each of the Chambers of the States-General, the College of the General Court of Auditors, and Adel High Court Chairman respectively, the Director of the Adel Cabinet of the King, the Chancellor of the Netherlands Orden, the National Ombudsman, the Vice-President of the Council of State or the Chairman of the Supervisory Board on the intelligence and security services.
1 On the person driver do not apply:
- Article 21, second to fourth paragraphs , and Article 21a (1), first paragraph, second sentence of the General Staff Regulations of Officials ;
- Article 34, second to fourth paragraphs , and Article 34a, first paragraph, second sentence, of the Staff Regulations States-General ;
- Article 37, second to fourth paragraphs , and Article 38, first paragraph, second sentence, of the Rules of the Rules of the Foreign Affairs Service ;
-the Articles 17 , 17a , 18a and 23, of the Remuneration Decision Civil civil servants 1984 .
2 For the purposes of applying Article 21a of the General Staff Regulations of Officials , Article 34a of the Staff Regulations States-General and Article 38 of the Rules of Procedure of the Foreign Office shall be the supplement to his salary as referred to in Article 6 Rated as a salary.
The person driver who is co-responsible for carrying out security tasks has a salary scale of 4 of the Remuneration Decision Civil and civil servants 1984 .
1 The duration of working time for the driver with full duration of work is, for the purposes of this Decision, an average of 48 hours per week.
2 By way of derogation from Article 21, first paragraph, of the General Staff Regulations of Officials , Article 34, first paragraph, of the Staff Regulations States-General and Article 37, First paragraph, of the Rules of Procedure the number of hours to be recorded in the working time pattern for the person driver on an annual basis cannot exceed an average of 48 hours per week.
3 In the working hours for the driver who is exclusively or almost exclusively charged with the carriage of normally the same person by car, it is Section 5.7 of the Working Time Decision applicable.
1 The driver receives a supplement to his salary.
2 The supplement provided for in paragraph 1 shall be 52/156 times per month for the driver's salary. Annex B to the Remuneration Decision Civil Servants 1984 , multiplied by the factor of 1,5.
3 The salary referred to in paragraph 2 shall not exceed the salary corresponding to salary number 12 of salary scale 4. Annex B to the Remuneration Decision Civil Servants 1984 .
4 The supplement referred to in paragraph 1 shall be multiplied by the labour cost factor applicable to the driver.
1 The driver receives a monthly fixed allowance for working at irregular hours at 158.98 multiplied by the working life factor.
2 The amount, referred to in paragraph 1, shall be amended by ministerial order in accordance with a general change in the salary of civil servants from the day on which the salary change takes effect.
3 The amount, mentioned in paragraph 1, was € 145.35 from 1 January 2007 to 1 April 2008 and € 148,26 from 1 April 2008 to 1 April 2009.
The Articles 6 and 7 The supplement to the salary or flat-rate supplement for working on irregular hours shall be subject to the remuneration provided for in: Article 2 (f) of the Remuneration Decision Civil Servants ' 1984 .
About the in the Articles 6 and 7 said supplement to the salary or flat-rate supplement for working at irregular hours, the person driver is entitled to a final annual allowance as provided for in Article 20a of the Remuneration Decision Civil Servants 1984 .
By way of derogation from Article 22 (4) of the General Staff Regulations of Officials , Article 41, fourth paragraph, of the Rules of Procedure the person driver with full working time is entitled to legal holidays-hours 192 hours and the claim to above-legal holiday hours-hours 28.8 hours per calendar year.
The term "full working time" means working time which includes an average of 48 working hours per week.
For the driver who has already applied a salary scale higher than the salary scale 4 of the Member State on the day before the entry into force of this Decision Remuneration Decision Civil and civil servants 1984 the higher pay scale continues to apply.
1 A person to whom another job, other than the driver, is assigned may be assigned an offsetting compensation, provided that he has not ceased to function for two years prior to the other function. A person driver has been appointed.
2 For the purposes of the first paragraph, an essential interruption means any interruption of more than 12 months.
1 The driver who is due to expire on the day preceding the expiry of Article 8 receipt of an allowance under that Article shall receive an allowance.
2 The allowance shall be equal to 2,66% of the salary per month for the driver. Annex B to the Remuneration Decision Civil Servants 1984 .
3 The salary referred to in paragraph 2 shall not exceed the salary corresponding to salary number 12 of salary scale 4. Annex B to the Remuneration Decision Civil Servants 1984 .
4 The allowance shall be multiplied by the labour cost factor applicable to the driver.
5 The allowance belongs to the remuneration referred to in Article 2 (f) , and to the basis for the calculation of the end-of-year allowance referred to in Article 20a, first paragraph, of the Remuneration Decision Civil civil servants 1984 .
This Decision shall enter into force from the day following the date of issuance of the Official Journal in which it is placed. If this does not entail a deterioration in the legal position of the passenger drivers concerned, our Minister may, for the person drivers responsible for him, provide that the decision shall be retroactive at the latest up to and including 1 January 1998. The decision of Our Minister is published in the Official Gazette.
This decision is cited as: Decree-law on passenger transport services.
Charges and orders that this Decision will be placed in the Official Journal by means of the note of explanatory note accompanying it.
' s-Gravenhage, 19 November 1998
Beatrix
The Minister of Home Affairs and Kingdom Relations,
A. Peper
Published on the third December 1998The Minister of Justice,
A. H. Korthals
