I don't have a collective labor agreement (anymore). What now?
June 15, 2022
Many organizations and branches in the Netherlands have a collective labor agreement. In this collective labor agreement, agreements have been made about the employment conditions that apply to all employees. For example, about salary, days off, development and overtime or irregularity allowances. But what if your collective labor agreement has expired and a new one has not yet been laid down? Or if you don't have a collective labor agreement at all? We answer that below.
Collective Labor Agreement expired?
A collective labor agreement can apply to one organization or to an entire sector. In both cases, the agreements apply to all people who work there. A collective agreement always has a specific term: this is stated in the collective agreement. If the collective labor agreement has expired and a new one has not yet been laid down, the provisions of the last collective agreement remain in force. This is due to the so-called 'after-effect'.
No collective agreement at all?
Even if your employer or sector does not have a collective labor agreement, you have certain rights and obligations. In any case, the following laws apply to you and your employer. In addition, your employment contract or company regulations may contain additional terms and conditions of employment and agreements.
Your employment conditions are therefore laid down in your employment contract, company regulations or collective labor agreement. But in addition, we have a lot of laws in the Netherlands that determine what your rights and obligations are in the workplace. These apply to everyone. Below you will find a list of these laws.
- In the Civil Code (BW) These include laws on probation, holidays, notice periods and dismissal.
- In Minimum Wage and Minimum Holiday Allowance Act states that you are entitled to the minimum wage and the minimum holiday allowance.
- In Working Hours Act rules about working and rest times.
- In Working Conditions Act It states how your employer must ensure a safe and healthy working environment.
- In Work and Care Act There are a number of leave schemes to which everyone is entitled: think of maternity leave, parental leave and care leave.
- De General Equal Treatment Act is aimed at equal treatment for everyone, irrespective of, for example, religion, belief, political health, race and gender.
Cao comes on top
A collective labor agreement does not change the above legal provisions and obligations: the employment conditions in a collective agreement are added to this, barring exceptions. The same applies to the agreements in the company or personnel regulations: these are usually drawn up with the Works Council, and often contain rules about absenteeism, code of conduct and wage scales. Your employment contract states which collective labor agreement and regulations apply to you.
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Want to know more?
Do you have questions about this article, your collective labor agreement or are you not sure under which collective labor agreement you fall? Or do you not have a collective labor agreement (anymore), and are you curious about what you are entitled to? Feel free to contact us. Our Service Center is available every working day from 8.00 am to 18.00 pm via email@example.com and 0345 851 963.