It often happens that no collective labor agreement applies. If there is no collective labor agreement that relates to your employer and thus your employment contract, then you make arrangements with your employer. It is wise to record these agreements in writing in your employment contract.
You and your employer can negotiate on a variety of topics, but there are some important laws that your employer must adhere to:
- The Civil Code (BW);
- Minimum Wage and Minimum Holiday Allowance Act;
- Working Hours Act (ATW);
- Working Conditions Act;
- Work and Care Act;
- Equal Treatment Legislation.
The absence of a collective labor agreement has no negative impact on the above legal provisions and other obligations for your employer. It is true that almost all collective labor agreements include slightly more rights than the law provides.
If no collective labor agreement applies, there may be a personnel scheme within your organization. This personnel scheme is usually drawn up by the employer, usually in consultation with the works council. This contains matters such as salary scales, sickness absence regulations and codes of conduct. In your employment contract you check whether such regulations apply.
Statutory rules employer
- The Civil Code (BW)
This includes rules on probationary periods, holidays, notice periods and dismissal. If you can deviate from this, it will be stated. If not indicated, these provisions are fixed. In that case, you and your employer cannot record anything other than what is stated in the code. - Minimum Wage and Minimum Holiday Allowance Act
This states that your employer must pay you at least the minimum wage and minimum holiday allowance. - Working Hours Act (ATW)
The Working Hours Act contains rules about working and rest times. - Working Conditions Act
The Working Conditions Act states how companies must ensure that employees can work safely and healthily. The government has set targets for this. These must be achieved by companies. - Work and Care Act
Here you will find a number of leave schemes to which you are entitled as an employee. These include arrangements for informal care, maternity leave, parental leave and similar matters. - Equal Treatment Legislation
This legislation is aimed at equal treatment of persons regardless of their religion, beliefs, political views, race, gender, nationality, heterosexual or homosexual orientation or marital status.
No staff scheme
Is there no personnel scheme and does your employer want to record this? Then all employees must sign for approval individually. This is different with a collective labor agreement; a collective labor agreement can only be concluded by trade unions on the basis of legislation. The collective labor agreement is then binding for the employer(s) and employees.