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December 5, 2020

Collective Agreement Betekenis

Filed under: Uncategorized — Mark Baker @ 1:37 pm

[81]. Banking contract 1998 Art. 1 3, AI nr. 9020, Bijv.Stcrt. 15-06-1998, nr. 109, betonprodukteindustry 1998/2000 Art. 3, al. 2, AI nr. 9083, Bijv.Stcrt.

13-10-1998 nr. 195; CAO Handelsvaart tot 9000 GT 1998/1999 Art. 4, section 1, and art. 5, AI nr. 9011, Bijv.Stcrt. 20-05-1998, nr. 94. The prevailing attitude towards the non-competition clause has recently changed. Prior to 1997, a non-competition clause had to be agreed in writing. This written agreement could be included not only in a written agreement between the employer and the worker, but also in a document containing the internal building rules (regulation).

The latter scheme allowed the worker to be bound by a non-compete clause that he did not personally approve. The worker should be protected from odious non-competition clauses by the rules of procedure relating to the establishment of labour rules. It was consistent with this reasoning that non-competition obligations could also be considered to be the subject of a collective agreement: the provision was not considered purely personal, but only as additional procedural safeguards. This changed when the Employment Contracts Act entered the new Civil Code on 6 June 1996. [77] On this occasion, the legislation on non-competition clauses was reformulated, which excluded the possibility of addressing the problem of the non-competition clause in internal operating rules. According to the explanatory report of the 1996 Act, this amendment is intended to ensure that the worker personally agrees on possible restrictions on his future employment. [78] Since then, it has been held that non-competition agreements cannot be included in collective agreements either. [79] Collective agreements do not bind workers who are not members of a union that is a party to the collective agreement: so-called unsealed or otherwise organized workers.

However, under section 14 of the Collective Agreements Act, an employer bound by a collective agreement is required to apply the contract to its unsealed or otherwise organized workers. [49] Most employers would fulfill this obligation by agreeing with each of their employees that the current interprofessional agreement applies to their contract. In this way, up to 85% of workers are covered by a collective agreement, while only about 26% are affiliated with a union. [50] The influence of Dutch trade unions far exceeds their representativeness solely because of membership. The collective labour law (declaration of general commitment and non-binding status) only reinforces this effect. Conflicts between inter-professional agreements and enterprise agreements are resolved through the system of exemptions. If a company with its own enterprise agreement is also a member of an employer organization involved in the negotiation of collective agreements, that company will ensure that it is excluded from the scope of a sectoral agreement by the parties to this agreement.

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