Scope of Application of a CAO in Westland
The scope of application of a Collective Labour Agreement (CAO) defines which employers, employees, and sectors in Westland are bound by its provisions. This scope determines whether the CAO is mandatory for your employment situation in the region. It is crucial because a CAO establishes minimum conditions such as wages, working hours, and leave—but only if you fall within its scope. In Westland, with its thriving horticulture sector, this is particularly relevant for greenhouse workers and agricultural employers.
Definition and Explanation of the Scope of Application
A CAO is an agreement between employer associations and trade unions regarding employment conditions. The scope of application precisely outlines who and which activities are covered, varying by sector—such as greenhouse horticulture, logistics, or retail in Westland. This scope is specified within the CAO itself, based on factors like industry, employee role, or workplace. If your contract in Westland falls within these boundaries, your employer must apply the CAO rules, unless otherwise agreed.
The scope of application promotes equality within an industry but can create uncertainties if the boundaries are unclear. For example, does the CAO apply to seasonal workers in Westland’s greenhouses, or only to permanent employees? Understanding the scope helps employees and employers clarify their obligations. This guide focuses on the CAO’s relevance to your employment contract; for further basics, see our article on CAOs and Employment Contracts. In Westland, you can seek local advice from Het Juridisch Loket Westland.
Legal Framework
The scope of application of a CAO is governed by the Wet op de Collectieve Arbeidsovereenkomst (WCAO – Dutch Collective Labour Agreement Act). Key provisions include:
- Article 1 WCAO: Defines a CAO as a written agreement on employment conditions between employer and employee organizations.
- Article 3 WCAO: Makes the CAO binding on signatories and employers/employees within its scope.
- Article 7 WCAO: Covers the General Binding Declaration (AVV), which extends a CAO’s applicability across an entire industry—including non-signatories—after ministerial approval.
The Dutch Civil Code, Book 7 (BW) also plays a role, particularly Article 7:613 BW, which ties individual employment contracts to CAO rules if the employer is affiliated with the negotiating organization. The scope must be clearly defined in the CAO; if not, the District Court of Westland may assess it based on intent and practice.
Practical Examples
Suppose you work in Westland’s horticulture sector. The Horticulture CAO defines its scope as ‘all labor in greenhouse horticulture businesses and related sectors in the Netherlands, including greenhouses and flower cultivation.’ As a picker in a greenhouse in ‘s-Gravenzande, you fall under this scope and benefit from minimum wage standards and shift allowances.
Another example: in construction, the Construction CAO applies to ‘employees in civil engineering, road construction, and water management, plus related trades.’ A bricklayer on a project in Naaldwijk is covered, but an office administrator in Poeldijk may not be—depending on the CAO’s specific wording. This can lead to mixed applications. For freelancers in Westland, such as self-employed farmers, it’s more complex: the ‘disguised employment’ test (Wet DBA) may bring you under the CAO, but self-employed individuals are often excluded unless stated otherwise.
Rights and Obligations
Employee Rights
Within the scope of application in Westland, as an employee, you are entitled to:
- Minimum standards from the CAO, such as wages, paid leave, and pension accrual.
- Protection against worse contract terms; the CAO takes precedence (Article 7:613(2) BW).
- Access to CAO dispute resolution, e.g., through the canton court of the District Court of Westland.
Employer Obligations
Employers must:
- Apply the CAO to all relevant employees in Westland.
- Clearly state the scope of application in contracts.
- Ensure compliance with the CAO even for non-members if an AVV applies.
Employees must respect CAO provisions, such as schedules, but may negotiate personal adjustments above the minimum.
Comparison of Scopes of Application
CAOs in Westland each have distinct scopes. Below is an overview:
| CAO | Scope of Application | Example in Westland |
|---|---|---|
| Hospitality | All hospitality businesses in the Netherlands | Waitstaff in a Naaldwijk café |
| Construction | Construction and infrastructure activities | Builder on a site in Monster |
| Healthcare | Hospitals and care institutions | Caregiver in a Westland nursing home |
| Retail | Stores and online shops | Salesperson in a Kwintsheul shop |
| Horticulture | Greenhouse horticulture and cultivation businesses | Picker in an ‘s-Gravenzande greenhouse |
This comparison highlights the industry-specific focus; consult the latest CAO and the Municipality of Westland for local regulations.
Frequently Asked Questions
Am I covered by the CAO if my Westland employer is not affiliated with a trade union?
Not necessarily. The CAO applies only if the employer is a member of the negotiating party or if an AVV is in place. Otherwise, only the law applies, unless you are a union member. Contact Het Juridisch Loket Westland for clarification.
What if the scope of application is unclear in Westland?
The District Court of Westland can rule based on the CAO and industry practice. Consult a lawyer or trade union for tailored advice.
Can the scope of application of a CAO change?
Yes, through new negotiations or an AVV. Employers must inform Westland employees of any changes.