Scope of a CAO in Leiden
The scope of a CAO (collective labour agreement) defines which employers, employees, and sectors in Leiden and its surrounding area are covered by its provisions. This applicability determines whether a CAO is binding to your employment situation in the city. This is crucial, as a CAO establishes minimum conditions such as salary, schedules, and leave—but only if you fall within its scope. This is particularly relevant for many Leiden residents working in local sectors like education and healthcare.
Definition and Explanation of the Scope
A CAO is an agreement between employer associations and trade unions regarding labour matters. The scope specifies who and what is included, varying by industry, such as Leiden’s academic sector, healthcare, or hospitality in the city centre. This scope is outlined in the CAO itself, based on factors like industry, role, or workplace. If your contract in Leiden falls within these boundaries, your employer must comply with the CAO’s rules, unless otherwise agreed.
The scope promotes equality within a sector but can cause confusion due to ambiguous boundaries. For example, does a CAO apply to freelancers at Leiden University, or only to permanent staff in local cafés? Understanding this helps Leiden residents know their rights. This article explores the connection between a CAO and your employment contract; for beginners, see our piece on CAOs and employment contracts. If in doubt, contact Het Juridisch Loket Leiden for free advice.
Legal Framework
The scope of a CAO falls under the Dutch Collective Labour Agreements Act (WCAO). Key provisions include:
- Article 1 WCAO: Defines a CAO as a written agreement on working conditions between employer and employee organisations.
- Article 3 WCAO: Makes a CAO binding for signatories and parties within the scope.
- Article 7 WCAO: Covers the general binding declaration (AVV), which extends a CAO’s applicability across an entire industry—including non-members in Leiden—through ministerial approval.
The Dutch Civil Code, Book 7 (BW) also applies, particularly Article 7:613 BW, which links individual contracts to CAOs if the employer is affiliated. The scope must be clearly defined in the CAO; otherwise, the Leiden District Court interprets it based on intent and local practice.
Practical Examples in Leiden
For instance, if you work in Leiden’s hospitality sector, the Horeca CAO covers 'all work in the Dutch hospitality industry, including hotels, restaurants, and bars in the city centre.' As a chef in a local restaurant, you benefit from minimum wage standards and premiums for irregular shifts.
Another case: in the construction sector around Leiden, the Bouw CAO applies to 'employees in civil engineering, road construction, and water management.' A carpenter on a municipal project falls under it, but an office administrator at the headquarters may not—depending on the CAO’s specifics. This leads to mixed applications in the region.
For freelancers in Leiden, it’s more complex. As a contractor for a construction company, you may fall under a CAO via the 'disguised employment' test (Wet DBA), but self-employed individuals are often excluded unless explicitly mentioned. The Municipality of Leiden provides information on local freelance rules.
Rights and Obligations
Employee Rights in Leiden
Within the scope of a CAO, as a Leiden resident, you are entitled to:
- Minimum CAO conditions, including salary, leave, and pension accrual.
- Protection against worse clauses in your contract; the CAO prevails (Article 7:613(2) BW).
- Access to CAO disputes via the subdistrict court at the Leiden District Court.
Employer Obligations
Employers in Leiden must:
- Apply the CAO to relevant staff.
- Clearly explain how the scope affects your contract.
- Extend CAO rights to non-members if an AVV applies.
Employees must comply with CAO provisions, such as working hours, but may negotiate better terms as long as minimums are respected.
Comparison of CAO Scopes
CAOs in Leiden have distinct scopes. Below is an overview:
| CAO | Scope | Example in Leiden |
|---|---|---|
| Hospitality | All hospitality in the Netherlands | Waiter in a city café |
| Construction | Construction and infrastructure activities | Carpenter on a municipal project |
| Healthcare | Hospitals and care institutions | Nurse at LUMC |
| Education | Universities and colleges | Lecturer at Leiden University |
This table highlights industry-specific focus; consult the latest CAO and Het Juridisch Loket Leiden for local guidance.
Frequently Asked Questions
Am I covered by a CAO if my Leiden employer is not a union member?
Not necessarily. It only applies if the employer is affiliated or if an AVV is in place. Otherwise, general law applies; individual union membership may help.
What if the scope is unclear in Leiden?
The Leiden District Court will rule based on the CAO and practice. Consult Het Juridisch Loket Leiden or a trade union.
Can a CAO’s scope change?
Yes, through new negotiations or an AVV. Employers must inform Leiden residents about adjustments.