The employee will decide, in reasonable consultation with the employees involved, when and for how long work cannot be carried out because of adverse weather conditions or too little light. Both the company’s interest and the employees’ health and safety will be taken into consideration in this decision. If there is no agreement on this between employer and employees, the following provisions will apply.
In case of frost, the employee has the independent right to stop work during outside activities which involve direct exposure to the open air, if one or more of the following conditions apply:
- a windchill factor of -6° Celsius or lower. This is not subject to whether it is freezing or not;
- roads or walkways are not passable;
- no winter clothes or all-weather clothing has been provided;
- the work object or work place is covered by a layer of snow which cannot be simply removed.
If one of the above situations still occurs at 10:30 at the latest, the employee is entitled to leave work. The windchill factor according to the 10 a.m. measurement of the KNMI weather station in the postcode area in which the employee’s current construction project is located, is decisive in this matter. An overview of these weather stations per postcode area can be found on the websites of cao parties and on www.weerverlet.nl.
In the event of work stoppage due to adverse weather conditions, the employer is obliged to pay the employee the agreed fixed wage. If a performance-based bonus system applies, as referred to in article 45, the agreed fixed wage must be increased by the average performance-based bonus of the remaining days during the four-weekly or monthly wage payment period that includes the time lost due to frost, or, if the time lost due to frost covers the whole wage payment period, the average bonus of the previous wage payment period.
The employer’s obligation of continued payment also applies, if there should be a difference of opinion as to whether or not the employee has rightfully appealed to the provisions of paragraphs 2 and/or 3 of this article.
The employer who is of the opinion that the employee has wrongfully stopped work because of circumstances as referred to in paragraph 2, may request Bureau Weerverletbestrijding (Agency for the Prevention of Lost Time due to Weather Conditions) to examine whether this action was rightful. If it appears that the work stoppage was wrongful, the employee is obliged to resume his activities immediately, in so far as the circumstances as referred to in paragraph 2 allow it at that time.
Furthermore, the following special provisions apply:
If employees working in scaffolding construction are carrying out work with a windchill factor of -6° Celsius or lower, these employees shall effectively work in the workplace four times for 1.5 hours, alternated with warming-up breaks of at least 15 minutes, while maintaining the usual start and end times. The time required to start up and finish has not been included in the effective working time of 1.5 hours. In one working day, four shifts of effectively 1.5 hours shall be planned at the most, with continued payment of the agreed fixed wage. Scaffolders who are assigned to construction projects may also be assigned to industrial scaffolding construction projects during frost periods, with application of the same conditions applying to industrial scaffolding.
In the event of time lost because of insufficient light, mist, rain, wind, frost or exceptionally high or low tides, the hours not worked will be regarded as hours worked.
In the event of time lost due to exceptionally high or low tides, this only applies to the working day on which the lost time occurs.
Without prejudice to the provisions of paragraph 11, the provisions of paragraph 12 with regard to the groundwork, road and hydraulic engineering sector only apply to the first five working days, if the time lost was caused by exceptionally high tides due to exceptionally heavy rainfall, as well as flooding due to impermeability of the soil, to such an extent that working on the (construction) site is no longer possible or that the (construction) site is impassable and the client forbids work being carried out.