In Delft, an innovation hub with many hightech companies and universities, CAOs can deviate from the statutory main rule regarding transitional compensation during probationary periods. Article 7:673(11) BW allows collective agreements to exclude or adjust the compensation, provided it is not unreasonably burdensome. For example, the Delft hospitality CAO does not apply a probationary period exclusion for permanent staff, which is crucial for the vibrant city centre with numerous cafés and restaurants.
An example from the region: the Metal and Technology CAO, relevant for Delft's manufacturing industry and TU companies, provides a 'probationary period compensation' of 50% of the standard transitional compensation. Employees in Delft can consult the applicable CAO via the FME website or local industry organisations such as YES!Delft. If the CAO is more favourable, it prevails over the law, which is particularly advantageous for starters in the local tech sector.
Disputes arise in Delft sectors without a CAO, such as smaller startups; in those cases, only the law applies. Advice to employers in Delft: explicitly integrate CAO rules into the employment contract and consult the Chamber of Commerce region The Hague. For employees: check upon commencement of employment whether the CAO deviates, for example via the TU Delft career portal. In 2023, this led to revisions of dismissal compensations in local redundancies in the manufacturing industry. (218 words)