Scope of Application of a CAO in Delft
The scope of application of a CAO (collective labour agreement) defines which employers, employees, and sectors in Delft and its surrounding areas are bound by its provisions. This scope determines whether the CAO applies to your employment situation in the region. It is crucial because a CAO establishes minimum standards—such as wages, schedules, and leave—but only if you operate within its scope. For residents of Delft, often employed in technical or educational institutions, this helps navigate local labour laws.
Definition and Explanation of Scope
A CAO is an agreement between employers' associations and trade unions regarding working conditions. The scope of application specifies who and which activities are covered, varying by sector—such as technology, healthcare, or retail—in Delft. This scope is outlined in the CAO itself, based on factors like industry, employee role, or workplace. If your contract in Delft falls within these boundaries, your employer must comply with the CAO’s rules, unless otherwise agreed. In a city like Delft, with many innovative companies linked to TU Delft, this can lead to specific applications.
The scope promotes equality within an industry but can sometimes create ambiguity about its boundaries. For example, does a CAO apply to freelancers in construction, or only to permanent staff? Understanding this helps Delft residents grasp their labour rights. This article explores the CAO’s relevance to your employment contract; for foundational information, see our piece on CAOs and employment contracts. For clarification, consult the Delft Legal Helpdesk for free advice.
Legal Framework
The scope of a CAO is governed by the Collective Labour Agreements Act (WCAO). Key provisions include:
- Article 1 WCAO: Defines a CAO as a written agreement on working conditions between employers' and employees' organisations.
- Article 3 WCAO: Makes the CAO binding for signatories and for employers and employees within its scope.
- Article 7 WCAO: Addresses the general binding declaration (AVV), which extends a CAO’s applicability across an entire sector—including non-participants—after ministerial approval.
The Dutch Civil Code, Book 7 (BW) also plays a role, particularly Article 7:613 BW, which ties individual contracts to CAOs if the employer is affiliated with the negotiating organisation. The scope must be clearly defined in the CAO; if ambiguous, the District Court of The Hague may interpret it based on intent and practical usage.
Practical Examples
Suppose you work in Delft’s hospitality sector. The Hospitality CAO covers 'all activities in hospitality businesses in the Netherlands, such as hotels, restaurants, and bars.' As a chef in a local restaurant, you fall under its provisions and benefit from minimum wages and flexible-service allowances.
Another case: in the construction sector, the Construction CAO applies to 'employees in civil engineering, roadwork, water management, and related trades.' A carpenter on a Delft construction site is included, but an office administrator at a regional branch may not be—unless the CAO explicitly states otherwise. This creates mixed scenarios where parts of the CAO may or may not apply. For Delft residents in the tech sector, such as at innovation companies, the scope may be broader due to local projects.
Freelancers face additional complexity. As a self-employed contractor for a Delft construction firm, you may fall under the CAO via the 'disguised employment' test (see Wet DBA), but freelancers are often excluded unless the CAO explicitly includes them. The Municipality of Delft provides information on local labour laws.
Rights and Obligations
Employees’ Rights
If you fall within the scope of application, as a Delft resident, you are entitled to:
- Minimum standards from the CAO, including wages, leave, and pension accrual.
- Protection against worse terms in your contract; the CAO takes precedence (per Article 7:613(2) BW).
- Access to CAO dispute resolution, such as through the canton court at the District Court of The Hague.
Employers’ Obligations
Employers must:
- Apply the CAO to relevant staff in Delft.
- Clearly state the scope of application in contracts.
- Extend CAO rights to non-affiliated employees under an AVV.
Employees must comply with CAO provisions, such as working hours, but may negotiate better individual terms as long as minimums are respected.
Comparison of Scopes
Each CAO in the Netherlands has its own scope. Below is an overview table:
| CAO | Scope of Application | Example in Delft |
|---|---|---|
| Hospitality | All hospitality in the Netherlands | Waitstaff in a Delft café |
| Construction | Construction and infrastructure activities | Technician on a local site |
| Healthcare | Hospitals and care institutions | Care worker in a Delft clinic |
| Retail | Stores and online trade | Sales assistant in the city centre |
This table illustrates the sector-specific nature of CAOs; verify the latest CAO for Delft-specific applications.
Frequently Asked Questions
Does the CAO apply if my employer is not a union member?
Not necessarily. The CAO applies only if the negotiating party is affiliated or if an AVV is in place. Otherwise, only the law applies—unless you are a union member yourself. Consult the Delft Legal Helpdesk for guidance.
What if the scope is unclear?
A court, such as the District Court of The Hague, will decide based on the CAO and its practical application. Seek advice from a lawyer or the Delft Legal Helpdesk.
Can a CAO’s scope change?
Yes, through renegotiation or an AVV. Employers must inform Delft employees of any updates.