AVV CAO in Westland: Binding for All Employers and Employees

General Binding Declaration of CAO in Westland

The general binding declaration (AVV) of a CAO requires all employers and employees in a sector, such as greenhouse horticulture in Westland, to comply with its terms. This applies even to non-members of trade unions or employers' organisations. It ensures fair play and prevents unfair competition in our region.

Why AVV is Crucial for Westland

In the Netherlands, CAOs generally apply only to members, but without an AVV, others can offer lower terms, leading to a 'race to the bottom'. With an AVV, everyone follows the same rules, protecting employees and promoting fair competition – essential for Westland SMEs in greenhouses and logistics. Want to know more about CAOs? Check out our article on the collective labour agreement.

Legal Basis for AVV

The Collective Labour Agreements Act (WCAO) governs this. Key provisions:

• Article 3 WCAO: The Minister of SZW grants AVV upon request from trade unions or employers' organisations.
• Article 4 WCAO: Requirements such as representation of at least two-thirds of sector workers.
• Article 5 WCAO: Valid for a maximum of one year, extendable.
• Article 7 WCAO: Revocation upon CAO expiry or changed circumstances.

The Minister verifies whether the CAO covers a sector, such as horticulture or transport in Westland.

Conditions for Granting AVV

Strict requirements apply:

• Sector-wide scope (art. 1(2) WCAO).
• At least two-thirds support from workers via trade unions.
• No conflict with labour relations or public order.
• Proof of representativeness.

This prevents abuse, benefiting Westland businesses.

Procedure for AVV Application

Step-by-step process:

1. Submission: To the Minister of SZW with evidence and CAO text.
2. Advice and Consultation: SER advice and input from stakeholders.
3. Decision: Within three months, published in the Government Gazette.
4. Effective Date: Immediately for the CAO duration.

The process takes months; in 2023, many AVVs were granted for SME sectors like those in Westland.

Standard CAO versus CAO with AVV

Overview:

Westland Practical Examples

Example 1: Greenhouse Horticulture CAO. In Westland, this has AVV status; a non-affiliated grower must follow CAO wages and schedules, or face claims from trade unions.

Example 2: Cleaning in Greenhouses. AVV mandates minimum rates for cleaners and freelancers, preventing exploitation during peak periods.

Example 3: Horticulture Logistics. During harvest peaks, flexible schedules via AVV apply to all companies, including those in Westland.

This stabilises local sectors.

Rights and Obligations under AVV

Employee Rights:

• CAO benefits such as wages, leave, and pensions.
• Report to the Labour Inspectorate; enforce via the District Court of Westland.

Employer Obligations:

• Apply CAO in contracts.
• Maintain records.
• Fines up to €4,000 (Minimum Wage Act).

Trade unions monitor compliance; enforcement via the sub-district court of the District Court of Westland.

Tips for Westlanders

• Check AVV Sector: On szw.nl or cao.nl.
• Join as Member: Extra security for horticulture entrepreneurs.
• Review Contracts: At Het Juridisch Loket Westland for AVV queries.
• Follow Updates: Subscribe to the Government Gazette.
• Entrepreneurs: Factor in costs; Municipality of Westland sometimes offers advice.