When accepting a new job, it is advisable to review your collective agreement. Is there a conflict between you and your employer? Or are you wondering if your work practices comply with the Code? Next, it is also advisable to review your collective agreement and review your rights. If this agreement contains conditions that are not guaranteed in your work, you should talk to your employer or (if this has not had an effect) to your union or an external consultant. However, be careful; To get support from a union, you must be a member. As an employer, you naturally make sure you know the provisions of the collective agreement in your region or company and work accordingly. A collective agreement can apply to an entire professional field. Collective agreements that apply to a particular area (p.B. Education, recreation, physiotherapy or dairy farming) are called “collective agreements for the business sector”. These are collective agreements that apply to different companies within a particular industry.
These agreements are concluded between one or more workers` or employers` organizations and one or more workers` organizations (or: trade unions). Although nearly 6 million out of 9 people in paid employment are covered by a collective agreement, this does not apply to one in three people. Are you one of them? Then your working position may suffer. In this case, you can choose whether you want to design your own collective working conditions. You can do this in cooperation with a union. FNV, CNV and De Unie are the largest Dutch trade unions. The latter made a video* (in Dutch) on how to draft your own collective agreement. A probationary period is a common part of a fixed-term contract with an employer. The trial period applies to both parties and must be agreed in writing. If the duration of the fixed-term contract is less than two years, the maximum trial period is one month. Exceptions can only be made if a collectieve arbeidsovereenkomst – CAO (collective labour agreement) applies.
The maximum legal trial period for a contract of indefinite duration or a fixed-term contract of two years or more is two months, with no possibility of extension. Fixed-term contracts of six months or less may not have a probationary period. A probationary period is also not valid if the employee performs work that he has already done elsewhere in the company. You may be released during your probationary period. Your employer does not have to give a reason. You also have the right to leave your employment during the probationary period without notice or explanation, as the probationary period goes both ways. Collective agreements are legally binding for membership of employers` associations and the trade unions that sign them. However, employers who sign an agreement are required to offer the same conditions to non-unionized workers, so that in practice all employees are insured, whether unionized or not. In addition, parties to a collective agreement can ask the government to make their clause universally binding on all workers in a particular industrial sector. To do this, the agreement must already cover a “significant portion” of those employed in the industry – typically 55% or more.
Employers are required to offer (new) employees their collective agreement for inspection. However, if you don`t have it available, it`s easy to find it online. Google: “Your area of expertise”, “Collective agreement” (CAO), “Year” and “pdf”. For example, if you search for “horeca”, “cao”, “2020” “pdf”, your first hit is “cao voor de horeca”* (collective agreement for the service industry)*. If you work in the health field and search for “zorg” “cao” “2020” “pdf”, you will also find various collective agreements on the website of the Ministry of Social Affairs and Employment**. There are few rules for those who have the right to negotiate. The only requirement for trade unions is that the trade union has legal personality and that its rules give it the power to negotiate. This absence of restrictions on the bargaining freedom of trade unions goes hand in hand with similar freedoms for employers. Dutch employers and employers` associations are not legally obliged to negotiate with trade unions. Collective agreements between unions and employers depend entirely on the willingness of both parties to negotiate. Normally, negotiations on the union side are conducted by full-time union officials with the participation of amateur union representatives.
In some situations, you can request paid leave for special circumstances that are not covered by labour law. Although this category of leave is not part of labour law, it is often part of a CAO, an employment contract or a company regulation. Ask the human resources department or your employer about the options for taking the following special leave. During the same period, there were 519 normal company collective agreements with 553,500 employees. Many of the largest companies, such as Philips, DSM or Shell, have operating agreements. Sectoral agreements also tend to become framework agreements, with some detailed provisions being negotiated at company level. After more than a year of negotiations, the Dutch Confederation of Private Employment Agencies (ABU) and a number of trade unions have agreed on a new collective agreement for temporary agency workers. Most companies and organizations participate in a collective agreement. It is a written agreement between one or more employers and one or more trade unions on the working conditions of all employees, such as wages, overtime pay, hours of work, probationary period, pension, education and childcare. Jurrión Koops, director of the ABU, said: “We cannot and will not deny that we have a turbulent negotiation process behind us. But these four parties found themselves in the interest of the temporary labor industry to implement a collective agreement with broad support. With this, we want to lay the foundations for a joint implementation of the SER guide “Safety for people, agile economy and leisure of society”.â Do you have a new job and are you wondering if there are collective agreements? Do you want to know how many vacation days you are entitled to? Do you suspect that you are underpaid? As an employer, you don`t know if you are properly organizing your overtime or pension for your employees? Is this the first time you have hired staff and wondered what working conditions are applicable? For answers to these and other questions, you can consult your collective agreement or in Dutch “CAO”.
In this article, you will learn what you need to know as an employer or employee. The agreement was reached between the unions FNV, CNV Vakmensen, De Unie and ABU. Collective agreements cover a wide range of salary and conditional issues, including early retirement, educational leave, the organisation of leave throughout an employee`s working life, the situation of women, the protection of persons with disabilities and the environment. Increasingly, agreements provide a set of benefits from which the individual employee can choose. .
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