Collective Labour Law

Representatives of both employers and employees (mostly through representative organizations like trade unions) opt to incorporate certain employment conditions in a Collective Labour Agreement (CLA) for employees working within a particular industry or for a particular employer. This amounts to a CLA complementing the individual employment contract between employer and employee.

A CLA may establish the same rights and obligations recorded in any individual employment contract. These would include, e.g.: provisions on working hours, remuneration, wages, holiday leave, overtime and illness.

Parties may decide to declare a CLA "universally applicable". This involves the CLA becoming applicable to an entire industry, regardless of whether the employer was (directly or indirectly) involved in its negotiations.

In principle, parties are prohibited from deviating from a CLA. This could lead to the CLA having preference over the provisions contained in an individual employment contract. If it is a so-called minimum CLA, then deviation is permitted, as long as it is in favour of the employee.

Please contact Mr. M. van Westendorp, Mrs. B.J.C. Boogers-de Haan or Mr. N.Ch. Ellens for any questions/legal issues you may have regarding the applicability of a CLA.

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