In Leiden, with its thriving hospitality and academic sectors, CAOs may deviate from the statutory main rule regarding transitional compensation during the probationary period. Article 7:673 paragraph 11 of the Dutch Civil Code permits collective agreements that exclude or adjust the compensation, provided they are not unreasonably burdensome. For example, the Leiden hospitality CAO does not apply a probationary period exclusion for permanent staff, which is advantageous for personnel in bustling cafés around the canals.
An example from the region: the Metal CAO, relevant for Leiden metal companies near the industrial estates, provides a 'probationary period compensation' of 50% of the standard transitional compensation. Employees in Leiden can consult the applicable CAO via the website of local industry organisations such as KHN Leiden or FNV. The CAO prevails over the law if it is more favourable.
Disputes arise in Leiden sectors without a CAO, such as smaller startups at Leiden University; in those cases, only the statutory law applies. Advice to Leiden employers: integrate CAO rules directly into the employment contract upon hiring. For employees: check upon commencement of employment whether the CAO deviates, especially in the university CAO with flexible dismissal clauses. In 2023, this resulted in Leiden in various revisions of dismissal compensations through subdistrict court judgments. (218 words)