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Can my employer deviate from the collective labor agreement?

If a CLA applies, your employer is obliged to apply the provisions in the CLA. Whether your employer may deviate from the provisions in the CLA depends on the nature of the CLA. With a standard collective labor agreement or standard collective labor agreement, your employer must apply all provisions as described in the collective labor agreement and may not deviate from this. Even if the change will be an improvement for you.

With a minimum collective labor agreement, your employer may deviate from the provisions in the collective labor agreement, but only if it is a better arrangement for you as an employee. The collective labor agreement often states what type of collective labor agreement it concerns.

General binding statement (AVV)
Parties applying an industry-wide collective labor agreement can ask the Minister of Social Affairs and Employment (SZW) to apply the collective labor agreement for the entire industry. The agreements in the collective labor agreement will then apply to all companies in this sector. The collective labor agreement will then be declared generally binding.

What if employers do not belong to the parties to the collective labor agreement (employers 'or employees' organization), but they are part of the industry and fall under the scope of the collective labor agreement? Then they are still obliged to comply with the agreements in the generally binding collective labor agreement and to apply it to their employees.

The Ministry of Social Affairs and Employment offers information about collective labor agreements and you can see whether a collective labor agreement has been declared generally binding. And by what date that is the case.

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