In Westland, the greenhouse horticulture region of the Netherlands, collective labour agreements (CLAs) may deviate from the statutory main rule regarding transition compensation during probationary periods. Article 7:673(11) of the Dutch Civil Code permits collective agreements to exclude or modify the compensation, provided it is not unreasonably onerous. The CLA for Greenhouse Horticulture, crucial for greenhouse workers in Westland, often does not apply probationary period exclusions for permanent employees from day one.
For example: the Greenhouse Horticulture CLA stipulates a 'probationary period compensation' of at least one-third of the standard transition compensation for temporary contracts. Westland employers, such as those in Luttelgeest or 's-Gravenzande, must comply with this. Employees can consult the CLA via the website of Glastuinbouw Nederland (Greenhouse Horticulture Netherlands). If the CLA is more favourable, it takes precedence over the law, which prevents many dismissal cases in the greenhouse sector.
Disputes arise for seasonal workers without CLA coverage; in such cases, the law applies exclusively. Advice for Westland growers: explicitly integrate CLA rules into employment contracts for pickers and sorters. For employees: check upon hiring in Monster or Naaldwijk whether the CLA deviates. In 2023, this led to revisions of severance payments at local horticulture businesses, partly due to CLA negotiations. (218 words)