As announced by the Social Insurance Bank of Aruba (SVb), from January 1, 2022, onwards the Director-Majority shareholder (DGA) is no longer considered an employee with regards to the health insurance and the Cessantia Regulation (employee insurances) and thus cannot claim any rights to any sickness or accident benefits for the duration of incapacity for work.
To provide clarity, the SVb shared below a short explanation of who is considered a DGA, and therefore not an employee – under the scope of the National Ordinances health insurance, and the Cessantia Regulation.
- The director-majority shareholder (as well as his/her spouse) who directly or indirectly holds more than 50% of the shares and at the general meeting of the company can cast more than 50% of the votes.
- The director-majority shareholder (as well as his/her spouse) and up to third-degree relatives have combined at least two-thirds of the shares.
- The director-shareholder (as well as his/her spouse) can not be fired against their will, because there is a qualified majority of votes required that cannot be obtained without the votes of the director-shareholder. (the spouse).
- The directors of a company who, in addition to being a director, also are 50% shareholders and, because of their decision-making power, can not be fired against their will.
Please be aware on January 1st, the SVb will, based on the information it has on file, automatically delete any DGA currently registered as an insured employee for the social security insurances.