The Dutch Collective Labour Agreement for the hotel and catering industry explained
Are you starting a job in the hotel and catering industry, or do you already have a job in the hotel and catering industry?
It is of the utmost importance to always make clear agreements with your employer. These agreements will then be put in writing in an employment contract. The basic agreements for such an employment contract are laid down in the collective labour agreement for the hotel and catering industry (CLA Horeca). However, there are many matters you will have to agree on with your employer:
What is your job?
What is your wage and how many hours per week are you going to work?
Is the contract for a definite or indefinite period of time?
The answers to the questions above are all put down in your employment contract. This way, no complicated discussions will arise later about what exactly has been agreed on.
The CLA Horeca has a minimum character. This means that your employer will have to adhere to at least the provisions laid down in the collective agreement. Agreements that are better than what is required by collective agreement – higher wages, for instance – are allowed. You are free to negotiate this. We advise you to always do so.
In this document the most important provisions in the CLA are explained. In addition, we will give you some advice.
- Employment contract
The employer is under an obligation to conclude a written employment contract with all employees. When you have found a (new) employer, you will mutually have to put the employment contract in writing. Everything you agree on has to be included in this agreement. Make sure to receive a copy yourself. If the employment contract is modified before the term (for instance when your wage or the number of hours change) this will have to be put down in writing.
Attention: you have to be well aware that you agree to everything that is mentioned in the contract. Therefore, it is important that you know and understand what you sign for.
- Trial period
On entering a new employment contract a trial period can be agreed upon. The employer does not necessarily have to apply this rule, but can do so. It this case it does not matter whether you enter employment for a definite or indefinite period of time. The trail period can last for a maximum of 2 months, not longer. Shorter, however, is allowed. When you have signed an employment contract for a definite period of time, for instance a year, and that employment contract is extended after that year, a trial period cannot be agreed on again. If the agreements about a trial period have not been put down in writing, then legally speaking a trial period is out of the question.
During your trial period both you and your employer can terminate the employment contract without reason with immediate effect.
- A definite or indefinite period of time
The employment contract is entered into for a definite or indefinite period of time, determined by mutual agreement.
Definite period of time
Suppose that you and your employer enter into an employment contract for a definite period of time. The period that you agree on may cover any length of time: three months, six months, twelve months, twenty-four months, with a maximum of 60 months. The employment contract should include starting and final dates.
Subsequently, employment is terminated automatically once the period agreed on has passed; giving notice to terminate employment is therefore unnecessary. In the hotel and catering industry, an employment contract for a definite period of time can be extended for a maximum of five times over a period of five years, without resulting in a contract for an indefinite period of time. So, a total of six contracts for a definite period of time are allowed. The seventh employment contract you sign should have to be an employment contract for an indefinite period of time. If your employer does not want to offer you employment for an indefinite period of time you have to start looking for a new employer immediately. We would recommend that you and your employer discuss whether you will be offered a new contract or not well before the current contract expires. This way you know where you stand. Always put down any agreements in writing.
The current regulations on temporary contracts read as follows: you are entitled to a permanent contract from the day that:
- a seventh contract has been entered into;
- two or more contracts have been entered into that joint relate to an uninterrupted period of five years or longer.
In both situations no more than one month should have passed between the temporary contracts. Should this intermediate period be longer, you will start with a new first contract.
If you are unsure whether you are entitled to a permanent contract when your contract has to be extended and a new temporary contract is offered, we advise you to sign the contract anyway. If you indicate your doubts about entitlement to a permanent contract to your employer before the end of the unexpired contract, your employer can still decide not to offer you a new contract, since he is under no obligation to offer you a new contract after a temporary contract has expired. For the general rule is that your temporary contract ends automatically on the date agreed. By signing the contract you at least secure a new contract period.
It is always possible – without forfeiting any rights – to sign a temporary contract and later claim the right to a permanent contract. You retain the right to a permanent agreement, because this is laid down in the CLA. By law, employers have to comply with the CLA.
A temporary contract can be extended tacitly. In that case the law provides that the last contract under the same conditions and duration (however, for a maximum of one year) is extended. This situation arises when you continue your duties immediately and in the usual way after the contract has expired, without your employer protesting this.
Terminating a temporary contract
Many employees are unaware of the fact that a temporary contract essentially has to run its full term, meaning until the agreed end date. This applies to both employer and employee. The employer cannot just terminate your contract early. To
do so he needs a dismissal permit and, moreover, there have to be good reasons justifying the termination of your contract. In addition, he has to observe the notice period. You can only terminate a temporary contract early yourself, if your employer gives you permission to do so, or if this has been agreed on expressly by both parties.
If your contract does not mention an option for early termination, then you have to assume that it is not allowed. Should a contract be terminated early anyway, the ‘terminating party’ may have to pay compensation. This compensation equals the wages of the remaining duration of the contract.
Example:
From 1 January, employee A entered into a contract for a year with a trial period of two months. The contract does not include an option for early termination. At the beginning of April employer A finds out that the long travelling time is too much for him after a long day’s work. Soon he finds another job close to his home and he decides to terminate his employment. His employer refuses to agree because at that moment there is a shortage of labour and he knows there is a busy period ahead. Employee A does not expect to get another opportunity so close to home and he decides to terminate his employment from 1 May. In this case, the employer can claim compensation from the employee of no less than eight months’ wages (for this is the wage for the remaining duration of the contract). In this case the employee is under the obligation to pay his employer wages instead of the other way around.
Employee A could have prevented this situation in two ways. First of all he should have made a decision during his trial period. The trial period is not only meant for finding out if you like the work and the company, but also if you are satisfied with the working conditions (including travelling time). A second way to prevent the problem above is to agree on an early termination period, of for example one month, on entry into employment. If you succeed in doing so, put it down in writing in your employment contract!
Naturally, there is also a possibility that your employer does indeed grant permission to renegotiate the terms of the temporary contract. In this case, it will result in a termination agreement. Yet again our advice: put down the agreements in writing. Should your employer reconsider his earlier permission to renegotiate the contract, you are the one to proof that your employer did indeed grant permission.
In addition to this, there is often the misconception that you and your employer have to observe a notice period for a temporary contract. This is not the case! As provided in Theme 2, paragraph 7 of the CLA Horeca, a temporary contract is terminated by law (so automatically) on the agreed date. Therefore, you have to take into account that the contract will be terminated, unless it is explicitly or implicitly (so tacitly) extended. This means that (in a formal legal sense) your employer can even wait until the very last day of your temporary contract to tell you that it will not be extended. Our advice: be prepared and discuss this early with your employer, for instance two months before your temporary contract expires.
Indefinite period of time
In case of employment for an indefinite period of time, no end date is agreed on and legally binding rules of dismissal apply when employment is terminated. In this case the general rule is that your employer either needs permission from
The Dutch UWV Werkbedrijf to be allowed to terminate the employment, or the employment has to be terminated by a subdistrict court judge. It is always possible to terminate the contract by mutual agreement.
Chain of contracts
Effective from 1 January 2014, the legal regulation of three temporary contracts over a three years’ period with an interruption of no more than three months, also applies to the hotel and catering industry. This means that if you are offered a fourth, fifth or sixth contract after 31 December 2013, or if your employment will last longer than three years, you are automatically entitled to a permanent contract.
Legal presumption of the extent of your employment contract
A flexible employee may encounter problems in proving the extent of the employment contract. It occurs regularly in the hotel and catering industry that a contract is entered into for 0 or 10 hours per month, but that you work 30 hours per month in practice. If you, as an employee, are unable to prove how many hours you work in actual practice you run the risk of missing out on a substantial amount of money when you become ill or when you have to apply for a benefit. Your entitlement to sickness and unemployment benefits is calculated based on the number of hours you have worked. You will have to be able to prove that you have actually worked these hours. A clearly indicated extent of employment is therefore very important and you may insist that it is accurately stated in your employment contract.
What is the extent of employment?
Sometimes you structurally work longer hours than stated in your employment contract. When an employment contract has lasted for at least three months, the number of hours per month agreed on is calculated as the average number of hours you have worked in the preceding three months per month. You can ask your employer to modify your contract. This is called legal presumption of extent of employment. When you work in a seasonal company (such as a beach club or otherwise) we advise you to calculate your hours over a twelve month period.
Working on Sundays
The hotel and catering industry is a sector in which working on Sundays is customary. Under Dutch law you are entitled to 13 free Sundays per year. Your employer can oblige you to work on 39 Sundays per year. When you work 39 Sundays a year, your employer has to grant you a weekend off if you ask for it. This does not mean that you have to have worked 39 Sundays first, before you are entitled to a weekend off. Should your employer want to schedule you for more than 39 Sundays, you have to expressly grant permission.
- Job
Job classification
As provided in article 4.1 of the CLA Horeca, an employer is under the obligation to assign you to a pay scale according to the Register for Reference Jobs in the Catering Industry1 on entry into employment (or after a significant change in the employee’s duties). The duties and responsibilities determine the job (category). Your employer is under the obligation to put down the determined job category in the written employment contract.
Example:
Employee B enters into employment with an employer as an independent chef. The employer is under the obligation to assign a pay scale as mentioned in the Register for Reference Jobs in the Catering Industry. According to the Register, the job title ‘independent chef’ is assigned a scale between 4 and 6. The scale is assigned depending on the responsibilities and duties. The scale subsequently represents a salary that can be found in the wage table.
Tip: you can check the Dutch website www.referentiefunctieshoreca.nl to see if your duties match your job title and the classification that goes with it. We advise you to visit this website and to compare your job title and duties with the job title and duties according to the Register.
Wage on entry into employment
Once your job has been classified, you know what your initial salary should be. As provided in article 4.11 of the CLA Horeca, a fully competent employee usually receives at least the basic wage of the wage scale of his job category. The Roman numerals mentioned in the wage table refer to the job category.
Preliminary pay scale
When you have been assigned job category I, II or III, your employer has the option to grade you in a preliminary pay scale, instead of paying the initial salary. You will then receive (with a maximum of four preliminary pay scales) the legal minimum gross pay.
A preliminary pay scale ends on 31 December of every year and encompasses a minimum of one calendar year (from 01-01 to 31-12 inclusive). Job categories (I, II or III) include many common jobs such as dish washer, production assistant, waiter, cleaner, shop assistant, fast-food staff member etc. Be aware that the employer has this option (it is not an obligation!).
Tip: employees who have been graded into a preliminary pay scale are not entitled to additional payment for public holidays or performance. The wages in the preliminary pay scale equal the legal minimum wage. Do not just agree to any suggestion your employer may have to grade you into a preliminary pay scale. The preliminary pay scale is meant for people with little or no experience or for people who are not able to perform as fully competent employees due to circumstances. So, always ask for the initial salary of your job category at the very least. Should your employer indeed grade you into a preliminary pay scale (this has to be put down in writing in your employment contract), agree on an end date of, for instance, six months after entry into employment. Otherwise you run the risk of being paid the legal minimum (youth) wage for four calendar years. However, you cannot be graded into a preliminary pay scale if you possess a relevant trade diploma recognised by the catering industry.
Minimum-CLA
We would like to point out again that the CLA Horeca is a minimum CLA. This means that the provisions made in the CLA Horeca for employment conditions merely indicate a minimum the employer has to comply with. In addition, you have the possibility to agree on varying (read: better) conditions with the employer yourself. So if you are a good negotiator, have acquired work experience elsewhere or your new employer urgently needs staff (think of a shortage in the labour market) it pays to negotiate with your employer.
Example:
Employee C works as a waiter. The job title service staff is included in pay grade III. The gross basic pay for fulltime employment of 38 hours per week amounts to (since 1 August 2012) € 1.509,62 gross per month (€ 9,17 per
1 The Register for Reference Jobs in the Catering Industry (Register Referentiefuncties Horeca) was formerly known as the Manual for Reference Jobs for the catering industry (Handboek Referentiefuncties Horeca) and can be found in Dutch on www.referentiefunctieshoreca.nl.
hour). The legal minimum wage however, amounts to (since 1 July 2012) a mere € 1.456,20. This is a difference of € 53,42 gross per month on entry into employment. During employment this difference mounts up considerably because employees who have been assigned a preliminary pay scale are excluded from various wage rises as well2.
In this case staff member C’s employer is free to agree on a gross hourly wage of € 10,00. A gross hourly wage of € 8,00 per hour (and therefore under the minimum wage) is not allowed. Should parties – for instance because they did not know any better – still have agreed on a hourly wage that is too low, and have even put this down in writing, this agreement is void under the Dutch Civil Code. In such a case the law provides that this (illegal) agreement is considered never to have been made by the parties (and never to have existed). The agreements are replaced by the provisions from the CLA, since parties are only allowed to make better agreements in relation to what is stated in the CLA.
In addition to a higher wage it is also possible to put down other employment conditions. Think, for instance, of matters that have not been regulated in the CLA Horeca, such as travel allowance. This employment condition may be customary, but it has not been regulated in the CLA. You will have to make this agreement separately with your employer. Should you have succeeded in agreeing on a travel allowance, then it is wise to put this down in the employment contract. This will avoid misunderstandings in the future.
Tip: besides discussing better agreements with your employer as an individual, a works council can also stipulate better agreements that apply in addition to the CLA Horeca. In the Netherlands, many companies in the hotel and catering industry have been able to stipulate many extras in addition to the CLA thanks to the works council, such as a bonus payment, additional payment for working nights and other fringe benefits. A company with more than 50 employees in total is even under the obligation to set up a works council.
Development budget
By continuously developing yourself you will become capable of performing a variety of jobs and it will contribute to your competence in your position. Both you and your employer benefit from this. Therefore, development means that the achievement of goals in the workplace is stimulated by developing knowledge, skills and talents.
As provided for in article 5.1 of the CLA Horeca, your employer has to make a budget available for development, education, career advice and training of his staff every calendar year. The employer may also utilise part of this budget to offer you an additional course during your induction. This will have to be supported by the development agreements from your assessment interview. Think, for instance, of an additional whine course to support your induction training, or a course in stress management when your assessment interview has shown that you have something to learn in that respect.
From 1 January 2013, the budget that your employer will have to make available for development amounts to a minimum of 2% of the cumulative annual wage bill (the wages of all employees combined over a period of one year) of the company.
You are free to discuss the way this development budget has to be utilized with your employer. Mind you: the development budget is really meant to help you, the employee, in your development in the workplace or to obtain career advice. So, pluck up your courage and point out the possibilities to support your development to your employee. After all, the entire company will benefit from it.
- Wages
Wage development
The CLA Horeca includes various types of wage rises (article 4.11 Theme My Job and Payment): general wage rises, a performance increase and a (compensation for) the year-end bonus. In addition, the wage scales have been modified; see appendices II B, C and D. Not all increases have to apply to you. So pay careful attention! If you cannot figure it out yourself, but you want to know exactly when and with what percentage your wage will increase, contact the FNV Horeca Information centre.
General wage rise
As provided in article 4.11 of the CLA Horeca, actual wages have risen 0,75% since 1 October 2012 and will rise with another 0,75% from 1 July 2013. The indication ‘actual’ means that this wage rise applies to everyone, also for those employers who already receive final pay or even more. Employers who have been graded into a so-called preliminary pay scale are excepted from this wage rise, because an employee in a preliminary pay scale receives the legal minimum wage. This minimum wage is usually increased from 1 January and from 1 July.
Attention: you may also be entitled to an additional wage rise of 1,25% from 1 January to compensate the year-end bonus. Read the information under the heading ‘year-end bonus 2012 and compensation 2013’ to find if you are entitled to it.
2 See article 4.11 and appendices II A, B, C and D of this CLA for wage rises and their incorporation in the wage tables.
If you have worked with a company for a longer period of time you may get more responsibilities and additional duties. Therefore we advise you to evaluate on a yearly basis whether your job has still been graded well. Maybe you should be in a higher job grade, in which your salary would be higher and there are more possibilities for career development. The jobs are assigned pay scales according to the Register for Reference Jobs in the Catering Industry (Register Referentiefuncties Horeca). See www.referentiefunctieshoreca.nl for more information in Dutch.
Modifying wage scales
The initial salary and final pay are modified by the new CLA. On the one hand this means that new staff in the catering industry starting with a basic wage (the minimum wage you are entitled to for a certain job) are paid more than before. On the other hand it means that staff who already receive their final pay (the maximum wage you can earn for a certain job) get the opportunity to develop further. The modification of the wage scales is as follows:
From 1 October 2012 both the final pay and the basic wages have been increased with 0,75% (except for the basic wage of job category I).
From 1 January 2013 both the basic wages and final pay will be increased with 1% (except for the basic wage of job category I). Exceptions are the basic wages of job categories II, III en IV. These will be increased with approximately 2,7%, 3,2% and 3,7% successively.
From 1 July 2013 both the basic wages and end pay will be increased with 0,75% (except for the basic wage of job category I). Exceptions are the basic wages of job categories II, III en IV. These will be increased with approximately 2,7%, 3,2% en 3,7% successively.
Since the basic wages of job categories II, III en IV will be increased with higher percentages it remains to be seen if you do not earn less than you are entitled to after 1 January 2013 and after 1 July 2013 when basic wages have increased. Your wage has to be checked against the new increased basic wage.
No ‘stacking’ will take place. This means the following: If you are entitled to compensation of the year-end bonus and/or performance increase, your wage will be increased from 1 January 2013. It will then be checked against the ‘new’ basic wage. If your wage is lower than the ‘new’ basic wage, your wage will be increased up to the basic wage. If your wage is higher than the ‘new’ basic wage, you are not entitled to an additional increase.
Attention: modification of the wage scales and subsequent wage rises are not mentioned in article 4.11. These result from the modified wage tables from appendices II B, C and D. Compare your wage and check your wage against the ‘new’ wage scales.
Performance increase
You are entitled to an annual assessment interview with your employer, when your eligibility for a performance increase is considered. The increase of your wage depends on the outcome of this assessment interview with your employer. During this interview your performance is assessed based on predetermined goals and working agreements. With a positive assessment you are entitled to a 2% performance increase. This rise is calculated over the wage from 31 December of the preceding year. Provided you have worked in the same company position and are employed by the same employer for a whole calendar year (from 1 January to 31 December inclusive).
When your performance has been insufficient, your employer does not have to grant a wage rise. If your employer does not use an assessment system or has not conducted an assessment interview with you, you are still entitled to a performance increase. To be sure of your performance increase you have to remind your employer that it is time for your assessment interview. Do so as quickly as possible in the New Year. Officially you have until 1 April. It is wise to notify your employer via e-mail, so you can always prove that you have indeed contacted your employer about this. Your employer can then still assess your performance as insufficient, sufficient or good and can grant a performance increase accordingly. If your employer does not respond, you are still entitled to a performance increase of at least 2%.
Attention: Should you forget to remind your employer that you have not yet had an assessment interview before 1 April, FNV Horeca does not feel that you have forfeit the right to a performance increase.
An assessment interview is a conversation in which a recent period of time is reviewed; it is an important moment. An assessment is always closely related to your duties as assigned by your employer at the start of your employment. In your job description (see www.referentiefunctieshoreca.nl) most tasks related to your job are listed. This is therefore a good starting point to see if you have executed the tasks that go with your job. Should your employer have an assessment system of his own, he should make this known in the company beforehand. An assessment system should be objective and not subject to personal preferences. An assessment should be organised systematically and with clearly measurable goals.
The increases apply until you have reached the final pay of your wage scale. FNV Horeca policy is that the 2% performance increase is also granted beyond final pay. This means that if you are € 10,- below final pay and the 2% performance increase
amounts to € 50,-, you are entitled to € 50,-. After this you are no longer entitled to a performance increase. In the example below the applicable wage rises for this CLA have not been taken into account.
Because the basic wage and final pay are increased from 1 January 2013 and 1 July 2013, the wages will always have to be checked against the new basic wage.
Year-end bonus 2012 and compensation 2013
An employee who has been employed by the same employer for the entire calendar year (from 1 January to 31 December inclusive) is in 2012 entitled to a last year-end bonus of 1,25% of the gross annual pay including holiday allowance. The year-end bonus is to be paid in December 2012.
Example year-end bonus:
Employee D has been graded into job category IV and receives a gross monthly wage of € 1.683,54. He did not receive additional payments in 2012.
Gross annual pay: € 1.683,54 x 12 = € 20.202,48
Holiday allowance (8%): € 20.202,48 : 100 = € 202,03 x 8 = € 1.616,20
Annual wage bill: € 20.202,48 + € 1.616,20 = € 21.818,68
Year-end bonus (1,25%): € 21.818,68 : 100 x 1,25 = € 272,73
Employee D receives a gross year-end bonus of € 272,73. The year-end bonus will be granted for the last time in 2012. By way of compensation your wage will be increased with an additional 1,25% from 1 January 2013.
Attention: in 2012 you will receive a year-end bonus and from 1 January 2013 an additional wage rise of 1,25%, provided you have been employed by the same employer for the entire calendar year in 2012. The 1,25% compensation will not be granted to apprentices and to those who have been assigned a preliminary pay scale.
Examples of wage rises
A year-end bonus, a performance increase
Employee E has worked as a service staff member in the same restaurant since 2009. At the moment he earns € 1.560,- gross per month. He has a fulltime job of 38 hours per week and has been graded into job category III.
From 1 October 2012 he is entitled to a wage rise of 0,75%. Because he has been working with the same company since 2009, he is entitled to a 1,25% year-end bonus. From January 2013 he is therefore automatically entitled to a structural wage rise of 1,25% by way of compensation for losing the year-end bonus. During an assessment interview with his employer, he was told that his employer was very enthusiastic about his performance. This entitles him to a 2% performance increase from 1 January. From 1 July 2013 the wages will again be increased with 0,75%.
These increases result in the following wages:
From 1 August: € 1.560,-
From 1 October 2012: € 1.560,- * 1,0075 = € 1.571,70
From 1 January 2013: € 1.571,70 * 1,0125 = € 1.591,35 (increase by way of compensation for losing the year-end bonus)
From 1 January 2013: € 1.591,35 * 1,02 = € 1.623,17 (performance increase of 2%)
From 1 July 2013: € 1.623,17 * 1,0075 = € 1.635,35
A year-end bonus, no performance increase
If employee E does not receive a positive assessment during his assessment interview, he would not be entitled to the 2% wage rise from 1 January 2013.
His wage would then make the following steps:
From 1 August 2012: € 1.560,-
From 1 October 2012: € 1.560,- * 1,0075 = € 1.571,70
From 1 January 2013: € 1.571,70 * 1,0125 = € 1.591,35 → increase by way of compensation for losing the year-end bonus.
From 1 July 2013: € 1.591,35 * 1,0075 = € 1.603,28
This wage is lower than the basic wage from 1 July 2013, which is € 1.620,- gross per month (see appendix II D). Due to the fact that employees who have been assigned a pay scale cannot earn less than the basic wage, employee E’s wage is increased to € 1.620,-
No year-end bonus, no performance increase
Employee F has been working as a cook since May 2012 and has been graded into job category IV. At this moment he earns € 1.563,90 (the basic wage) and he has a fulltime job of 38 hours per week. Because employee F has not been employed for an entire calendar year, he is not entitled to a year-end bonus in 2012. He is also not entitled to a 1,25% wage rise from 1 January 2013. Because he has not been employed for a full calendar year he is also excluded from a performance-related
pay of 2%, since this increase also involves the condition that on 1 January an employee has to have been employed an entire calendar year by the same employer in the same company position. Employee F is entitled to the increase of 0,75% from 1 October 2012 and 1 July 2013.
Employee F’s wage development is as follows:
From 1 August 2012: € 1.563,90
From 1 October 2012: € 1.563,90 * 1,0075 = € 1.575,63
From 1 January 2013 the basic wage for job category IV is increased. Therefore, employee F is entitled to a gross wage of € 1.635,79 per month from 1 January.
From 1 July 2013: € 1.635,79 * 1,0075 = € 1.648,06
However, from 1 July 2013, the basic wage for job category IV is € 1.695,90 gross per month (see appendix II D). From 1 July 2013 employee F will earn € 1.695,90 gross per month.
A year-end bonus, a performance increase
Employee G has been working as a receptionist for a large hotel since 1994. She has a fulltime job and due to her loyal service of many years’ standing she has reached the final pay of job category V; € 2.101,64. From 1 October 2012 she is entitled to a 0,75% wage rise. Seeing that she has worked for the same company since 1994 she is entitled to a 1,25% year-end bonus in 2012. This automatically entitles her to a wage rise of 1,25%, by way of compensation for losing the year-end bonus. During an assessment interview with her employer, she was told that yet again she will receive a positive assessment and is therefore entitled to a 2% performance increase. A condition for this 2% increase is that the final pay of the pay scale has not been reached. Employee G has already reached the final pay and is therefore not entitled to this increase. From 1 July 2013 the wages will again be increased with 0,75%.
Employee G’s wage development is as follows:
From 1 August 2012: € 2.101,64
From 1 October 2012: € 2.101,64 * 1,0075 = € 2.117,40
From 1 January 2013: € 2.117,40 * 1,0125 = € 2.143,87 (increase by way of compensation for losing the year-end bonus).
From 1 July 2013: € 2.143,87 * 1,0075 = € 2.159,95.
A year-end bonus, no performance increase
Should employee G have not been given a positive assessment during the assessment interview, the wage development would have been the same.
No year-end bonus, no performance increase
Employee I changed employers in March 2012 after years of experience as service manager. Employee I is graded into job category VI and earns the final pay of € 2.342,61 gross per month due to her experience.
Because employee I changed employers in March she is not entitled to a year-end bonus and she is not eligible for a performance increase. Her wage will be increased with 0,75% from 1 October 2012 and 1 July 2013.
Employee I’s wage development is as follows:
From 1 August 2012: € 2.342,61
From 1 October 2012: € 2.342,61 * 1,0075 = € 2.360,18
From 1 July 2013: € 2.360,18 * 1,0075 = € 2.377,88.
- Working hours
Normal working hours
The normal working hours for fulltime employment are 38 hours per week. The working hours per calendar year are 1.976. You can agree with your employer to work more than 38 hours per week. This agreement, however, will have to be put down in the written employment contract.
It stands to reason that the employer has to pay any hours above the 38 according to the CLA. An agreement for more than 38 hours per week can only be made on a voluntary basis. In that case the employee can stipulate a higher wage as a condition.
There are a number of options for determining the working week. You can agree on a fixed number of hours, for instance 32 or 38 hours per week, or you can agree on an average number of hours, for instance between 4 and 12 hours per week. In addition, your employer also has the possibility to offer you an on-call agreement or zero-hours contract.
Fixed number of hours
If you and your employer agreed on a fixed number of hours, for instance 32 hours per week, then you are always entitled to wage payment for 32 hours a week. If you work more than 32 hours per week you accrue overtime hours. Register them well and make sure these hours are compensated for in terms of money or spare time, or that you work fewer hours the following week to compensate for the overtime in the week before. A major advantage of a contract with a fixed number of hours per week is that you are always entitled to a wage for the number of hours mentioned in your contract, despite the
availability of work. A risk of this form can be that when you give notice and you have worked fewer hours than you have been paid for, you will have to refund these so-called minus hours.
On-call agreement
Many staff members in the hotel and catering industry work on-call for an employer. On-call employees often do not know in advance when and for how many hours they will be called on each week. When you are called on as an on-call employee you do not have to respond to this call.
Zero-hours contract
In this case no agreement has been made about the number of hours, but a permanent employment contract does indeed exist. So you do have to go to work when your employer calls on you. Your employer only has to pay the number of hours that you have actually worked. When you are called on, you have to be paid at least three hours, even if you have not worked that long. When you structurally work more hours than the zero hours put down in your contract, you can ask your employer overtime to modify the number of hours in your contract to the number of hours you actually work. In order to change the number of hours in your contract you have to have been employed for at least three months. Your employer can only refuse to do so if he can prove that you have only worked more hours occasionally (for instance: replacement during pregnancy, holidays or high season). If the hours worked are really of a structural nature then the employer will have to modify your contract to the average number of hours of the past months. This is called legal presumption of extent of employment.
Min-max contract (for instance 4 to 12 hours per week)
In this case the minimum number of hours you have to be paid for is put down in your contract. Of course you have to actually work these hours. A maximum number of hours can also be agreed on. In that case you will have to show up for work if you have not reached the required number of hours. You are under the obligation to work the maximum number of hours you have agreed on. You will always be paid the minimum number of hours put down in your contract, no matter what. If you work more hours, then these extra hours will be paid. If no fixed working times per shift have been agreed on, your employer will have to pay you a minimum of 3 hours per call.
With a min-max contract you can also ask your employer to modify the employment contract if you structurally work more hours than agreed to on paper. This is called legal presumption of extent of employment.
Attention: are you on-call for less than three hours, then you are still entitled to three hours’ payment. This rule is meant to protect employees from keeping themselves available for work, but being sent home after half an hour on arrival. If you employer has scheduled you for less than three hours beforehand, he will only have to pay you for the hours worked, because you knew beforehand what was expected of you.
When you structurally work too many or too few hours, we advise you to have your hours modified in your employment contract (also see ‘extent of employment’).
The employer is under the obligation to keep a reliable registration of both the working and rest hours. Despite him being under the obligation, we advise you to update your working hours and overtime yourself to avoid misunderstandings.
Overtime
Overtime is calculated on a yearly basis. If you work more than agreed on there are two possibilities: these hours are compensated for in leisure time or they are paid. This is for the employer to decide.
There is only a question of overtime if you have worked more than an average of 38 hours per week (38 x 52 = 1.976) in a calendar year (from 1 January to 31 December inclusive). (Paid) days taken off and (paid) holiday weeks can be added to this number for 7,6 hours per standard day, 38 hours per standard week respectively.
The overtime worked is to be compensated for in time or money. Article 3.12 provides that overtime compensated for with leisure time (for every hour overtime worked, one hour leisure time) is to be compensated for within the following period of 13 weeks at the latest (so possibly in the months from January to March inclusive) following the calendar year in question. If it is not possible to compensate all overtime with leisure time within this period of 13 weeks, all remaining overtime has to be paid within 4 weeks after these 13 weeks:
– the first 208 hours overtime worked at 100% of the hourly wage;
– the remaining hours overtime worked at 150% of the hourly wage.
We advise you to safe up as few extra hours as possible and to make good agreements with your employer about compensation either in the form of leisure time or payment.
Minus hours
The CLA Horeca takes an average working week of 38 hours per week as a basis for fulltime employment: 38 hours x 52 weeks = 1.976 hours of labour per year. This includes (paid) holidays and sick leave. Your employer has the possibility to spread these 1.976 hours over an entire calendar year (meaning, from 1 January to 31 December inclusive) as long as he
stays within the limits of the Working Hours Act (see appendix I). He does not have to schedule you for a minimum number of hours per week.
If there are minus hours at the end of the calendar year, these can be deducted in January of the following year at the latest. After that they will expire.
Should there be undeducted minus hours on terminating your contract, and you have been paid the average number of hours agreed on, your employer has the right to deduct the surplus wage from, for instance, accrued holiday hours or holiday pay. If you still owe your employer money after this deduction, you will have to refund this money within two months after your employment has been terminated.
When you have given notice to terminate your employment, your employer still has to schedule you as far as work is available within the company until the end of your employment. In doing so, your employer has to take the interests of any other employees into account. Therefore it is possible that you will not be able to compensate all your minus hours. The remainder will then be deducted. It stands to reason that your employer is still responsible for a good schedule and has to take the number of hours you have been hired for into account. You, the employee, are also responsible for reporting that you are not working enough hours. Preferably inform your employer in writing and hold on to the proof (for instance an e-mail). He can then schedule you more frequently. Should he not respond to your information, he is responsible as indicated.
Public holidays
If you work in the hotel and catering industry, you often work when others have time off, for instance during weekends and public holidays. The recognised public holidays (see article 3.14) are not (paid) extra days off (like, for instance, one of your days’ holiday). The CLA, however, does provide for additional payment if you actually work on public holidays. First, you will be compensated in leisure time. Your employer is under the obligation to compensate this leisure time in the period of 26 weeks following the recognised public holiday in question. In concrete terms this means that when you work on 25 December 2012, you will have to have taken a days’ leave before 25 June 2013. If you do not succeed in doing so within this 26 weeks’ period, you are entitled to additional payment of 50 % of your gross hourly wage, to be paid 4 weeks after the period of 26 weeks has ended at the latest.
If your employer decides to close the business on a recognised holiday and you were supposed to work that day, you accrue minus hours. Your employer does have to pay you, because he entered into an employment contract, but the day off will have to be worked for another time. If you do not succeed in making up for this day off within the calendar year in which these minus hours have arisen, they can be deducted in January of the following year at the latest. After that they expire. This is and will always be the choice and responsibility of the employer. The employee is free to decide to take a days’ holiday.
Special leave
Special leave is additional leave you are entitled to when a special situation occurs. The special leave arrangement is extensive. See article 3.16 for your entitlement to special leave.
- Apprentices
Maximum number of hours
Apprentices are allowed to work for a maximum of 38 hours per week. This includes their day of school.
Year-end bonus
Apprentices will no longer receive a (proportionally paid) year-end bonus. In 2012 and 2013 your wage will be increased step by step since the basic wages will improve substantially.
Example A:
An 18-year-old apprentice in the Dutch block or day release (BBL) is graded into job category 2. This equals qualification levels 2 or 3 in upper secondary vocational education (MBO). This student is paid for 32 hours per week (the other 6 school hours are usually not paid).
At this moment the apprentice earns: € 674,63
Since 1 October 2012 this is: € 679,69
From 1 January 2013 this will be: € 698,59
From 1 July 2013 this will be: € 717,50
Within one school year, level 2 students will earn an additional € 42,87 gross per month.
Example B:
An 18-year-old apprentice in the Dutch block or day release (BBL) is graded into job category 3. This equals qualification level 4 in upper secondary vocational education (MBO). This student is paid for 32 hours per week (the other 6 school hours are usually not paid).
At this moment the apprentice earns € 699,19
Since 1 October 2012 this is: € 704,43
From 1 January 2013 this will be: € 727,38
From 1 July 2013 this will be: € 750,30
Within one school year, level 4 students will earn an additional € 51,11 gross per month.
- Holiday
Holiday entitlements
Articles 3.19 and 3.21 of the CLA Horeca provide for the accrual and taking off of holidays, and the accrual of holiday allowance.
The holiday year essentially runs from 1 June to 31 May inclusive. A holiday year may also run from 1 January to 31 December inclusive. However, this choice has to apply to the entire company. By equating a calendar year and a holiday year it is easier to see when holidays will expire (see the heading ‘expiring holiday hours’).
Both employers and employees often think, unjustly, that on-call employees and even part-time employees are not entitled to holidays without loss of salary and/or accrual of holiday allowance. They are indeed entitled to it, just like fulltime employees are, but in proportion to their extent of employment. If you are employed for 19 hours per week, you will accrue, compared to a fulltime employee (38 hours per week), half the holidays and holiday allowance.
Accrual of holidays
Per hour (for which you are entitled to wage) you accrue 0,096 holiday hours. This accrual consists in part of statutory holiday hours and in part of holiday hours exceeding the statutory entitlement:
– per hour worked you accrue 0,0768 hours of statutory holiday;
– per hour worked you also accrue 0,0192 holiday hours exceeding the statutory entitlement.
Accrual does not only take place during regular working hours, but also when you take a holiday, during sick leave (accrual is limited to a maximum of six months) or during a day off to compensate for working overtime or during public holidays.
When you work fulltime, you accrue a total of 190 holiday hours per year (38 hours per week x 52 weeks per year x 0,096 hours per hour worked). For a five-day working week this equals 25 days’ holiday. Per day this equals (38 hours per week
/ 5 days) 7,6 hours. It often happens that employers unjustly calculate a holiday for 8 holiday hours. This is unfavourable for employees and only permitted when the average working week divided by the number of days worked per week is 8 hours (article 3.22). The CLA does not include a maximum for the number of holiday hours per year.
Example:
During the past holiday year, Employee J has worked an average of 38 hours per week spread over five days. He has taken 24 holidays. His employer counts 8 hours per working day. At the end of the holiday year his employer establishes that (190 – (24 x 8)) = 2 holiday hours too many have been taken; this results in employee J starting the holiday year with a negative balance. However, per working day (38 hours / 5 days) = 7,6 hours should have been calculated. So Employee J did not take 192 holiday hours, but no more than (24 x 7,6) = 182,4. He can carry over 9,6 holiday hours to the following year and he has a positive balance.
In the CLA Horeca 2006-2008 you could accrue a maximum of 20 additional holiday hours for overtime. Afterwards the maximum was removed, making it possible to accrue an unlimited amount of additional holiday hours. This change is of interest especially to employees who (annually) have a working week that amply exceeds the CLA standard of 38 hours per week. With this modification a distorted situation has been corrected between employees with a fulltime working week and employees who frequentlywork overtime.
Expiring of holiday hours
To prevent employees from accumulating their holidays, a new law has become effective from 1 January 2012. Statutory holidays will expire sooner. The new law only applies to the statutory holidays (0,0768 hour per hour worked). The holidays exceeding the statutory entitlement can be ‘carried over’ to five consecutive years.
Since 1 January 2012, statutory holidays continue to apply for eighteen months. This means that the days you have accrued in 2012, continue to apply for six months in 2013. For the statutory holidays accrued before 2012, the old rule still applies and they can therefore be accrued for five years. The ‘old’ rule will also remain effective for the holidays exceeding the statutory entitlement.
The days that will expire first, will be ‘deducted’ from the balance first. Although your employer is responsible, it is wise to keep a close watch yourself.
Taking holidays
An employee has to put in a request to take holidays. In this request you state when and for how long you want to go on holiday. The employer then schedules the holiday according to your request.
- Trade union
Trade union contribution
When you are a member of a trade union, your trade union contribution is tax deductable. This financial tax advantage is not refunded by FNV Horeca, but by your employer. He once-only deducts the contribution paid from your gross monthly salary. Your advantage can easily amount to 40% annually! The employer is under the obligation to settle this for you. If you want to make use of this settlement you have to put in a request in writing and submit proof of payment. On the Dutch website for FNV Horeca, www.fnvhoreca.nl, you can download your proof of trade union contribution on your own account page.
Participating in the CLA
FNV Horeca members have the opportunity to participate in making decisions about the CLA Horeca. This way you can influence what is decided in the CLA, for instance where working conditions, labour market policy and training are concerned. With input from the workplace you contribute to the catering industry as a whole. That is why article 3.17 of the CLA Horeca stipulates that attending a nationwide meeting about the CLA is considered a working day if this day is usually your regular working day. If you attend one of these meetings and therefore have to miss a day of work, you will receive your regular salary.
- Finally
We would like to point out again that you are free to make agreements about matters that have not been included in the CLA Horeca, for instance about travelling expenses, the provision of workwear by the employer or a mobile phone. Always put these agreements down in your employment contract to avoid misunderstandings!
If you have questions or if you have doubts about the content of your employment contract, please contact FNV Horeca.
Fonte: FNV Horeca
