Exceptions to End-of-Year Payment for Sectoral Collective Labour Agreements in Westland

In sectoral CAOs for Westland, such as in horticulture and greenhouse construction, the end-of-year payment may be excluded from the minimum wage norm, provided it is explicitly stated (Article 15 Wml). This often applies to seasonal work in Westland greenhouses. However, the exclusion may not result in pay below the statutory minimum. The Netherlands Labour Inspectorate (Inspectie SZW) strictly tests CAO agreements against the 'sufficient pay' norm, with extra attention to flexible workers in the region. Violations result in penalty payments up to €4,000 per employee. The District Court of The Hague (ECLI:NL:RBDHA:2024:BC7890), competent for Westland, recently suspended a CAO clause in horticulture due to insufficient protection of Polish and Bulgarian seasonal workers. Employers in Westland must submit an annual report to LTO Nederland or Glastuinbouw Nederland. For SMEs in greenhouse operations, this offers flexibility during peak seasons, but requires legal advice from local specialists. Workers in non-CAO sectors, such as smaller arable farming, have no exclusion; strict inclusion applies here. In mergers or acquisitions of Westland companies, the CAO status must be checked. From 2024, a reporting obligation applies for changes via the Wage Platform. Practice: in Westland horticulture, a CAO exclusion led to strikes by FNV and CNV, demanding better end-of-year arrangements. Advice: have CAO texts reviewed by labour law attorneys in The Hague and communicate transparently with staff about pay conditions. This prevents lawsuits and reputational damage in the tight labour market. Future: EU minimum wage directive may impose stricter requirements on exceptions in labour-intensive sectors like Westland. (248 words)