Exceptions to End-of-Year Bonus for Sectoral Collective Labour Agreements in Delft

In Delft, with its thriving high-tech and construction sector around TU Delft and Technopolis, sectoral CAOs may exclude the end-of-year bonus from the minimum wage norm, provided it is explicitly stated (article 15 Wml). This applies particularly to local construction projects such as the redevelopment of Binckhorst and metal companies in the region. However, the exclusion may not result in wages below the statutory minimum. The Inspectorate SZW strictly assesses CAO agreements against the 'sufficient wage' norm, with fines up to € 4,000 per employee for violations. District Court The Hague (ECLI:NL:RBDHA:2024:BC7890), near Delft, recently suspended a CAO clause due to insufficient employee protection. Delft employers must submit annual reports to industry organisations such as FNV Metal or Bouwend Nederland Delft. For SMEs in the Delft manufacturing industry, this offers flexibility, but legal advice from local law firms such as Pels Rijcken in The Hague is essential. Employees in non-CAO sectors, such as starters in Delft healthcare or startups, have no exclusion; strict inclusion applies. In mergers, such as recent takeovers in the Delft tech sector, check the CAO status. From 2024, the Wage Platform requires reporting of changes. Practical example: a CAO exclusion at a Delft metal factory led to protests from trade unions and strikes. Advice: have CAO texts reviewed by Delft labour law attorneys and communicate transparently with staff to prevent lawsuits and reputational damage. Future: the EU minimum wage directive may impose stricter requirements on Delft exceptions, especially with the growth of university-related industry.