Scope of Application of a CAO in The Hague
The scope of application of a Collective Labour Agreement (CAO) specifies which employers, employees, and sectors in The Hague and surrounding areas are covered by its provisions. This area of application determines whether a CAO is binding in your employment situation in the region. It is crucial because a CAO sets minimum standards for wages, working hours, and vacation days—but only if you fall within its scope, which is relevant for many Hague residents working in local sectors such as hospitality or construction.
Definition and Explanation of the Scope of Application
A CAO is an agreement between employers' associations and trade unions regarding employment conditions. The scope of application precisely defines who and what is included, varying by sector, such as The Hague’s hospitality industry, healthcare institutions, or retail in the city centre. This is outlined in the CAO itself, based on criteria such as industry, job function, or workplace—for example, in the port of Scheveningen. If your employment contract in The Hague falls within these boundaries, your employer must follow the CAO rules, unless otherwise agreed.
This scope promotes equality in The Hague’s labour market but can create uncertainties, such as for self-employed professionals in local projects. For example: Does a CAO apply to freelancers in construction near Binckhorst, or only to permanent staff in Hague offices? Understanding this helps you know your rights. This article explores the CAO in relation to your employment contract; for basic information, see our piece on CAOs and employment contracts. In The Hague, you can seek personalised advice at the Juridisch Loket Den Haag.
Legal Framework
The scope of application of a CAO is governed by the Wet op de Collectieve Arbeidsovereenkomst (WCAO – Dutch Act on Collective Labour Agreements). Key provisions include:
- Article 1 WCAO: Defines a CAO as a written agreement on employment conditions between employers' and employees' organisations.
- Article 3 WCAO: Makes the CAO binding for signatories and for employers and employees within its scope of application.
- Article 7 WCAO: Regulates the Algemene Verbindendverklaring (AVV – General Binding Declaration), allowing a CAO to become mandatory for an entire industry—even for non-parties—with ministerial approval.
The Dutch Civil Code, Book 7 (BW) also plays a role, particularly Article 7:613 BW, which links individual employment contracts to CAO rules 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 can interpret it based on intent and local practice.
Practical Examples in The Hague
For instance, if you work in The Hague’s hospitality sector, such as in a restaurant on Grote Markt, the Hospitality CAO covers 'all work in hospitality businesses in the Netherlands, including hotels, restaurants, and cafés'. As a chef in a local establishment, you fall under its provisions and benefit from minimum wages and allowances for irregular shifts.
In the construction sector, the Construction CAO applies to 'employees in civil engineering, road construction, water management, and related professions', relevant for projects along The Hague’s coast or infrastructure. A carpenter on a site in Binckhorst is covered, but an administrative employee in a city-centre office may not be—unless explicitly stated. This sometimes leads to mixed applications in the region.
For self-employed professionals in The Hague, it’s more complex. As a freelancer working for a local construction company, you may fall under the CAO via the 'disguised employment' test (Wet DBA), but self-employed individuals are often excluded unless explicitly mentioned. The Municipality of The Hague provides information on local labour regulations.
Rights and Obligations
Employees’ Rights
Within the scope of application in The Hague, you are entitled to:
- Minimum standards from the CAO, such as salary, vacation days, and pension contributions.
- Protection against worse terms in your contract; the CAO takes precedence (Article 7:613(2) BW).
- Access to CAO dispute resolution via the subdistrict court at the District Court of The Hague.
Employers’ Obligations
Employers must:
- Apply the CAO to all relevant employees in the region.
- Clearly state in contracts whether the scope of application applies, particularly in The Hague’s context.
- Ensure compliance with the CAO for non-affiliated parties under an AVV.
Employees must respect CAO rules, such as working hours, but can negotiate better terms as long as minimum standards remain intact.
Comparison of Scopes of Application
CAOs in The Hague have specific scopes. Below is an overview:
| CAO | Scope of Application | Example in The Hague |
|---|---|---|
| Hospitality | All hospitality businesses in the Netherlands | Waiter in a city-centre restaurant |
| Construction | Construction and infrastructure work | Carpenter on a port project |
| Healthcare | Hospitals and nursing homes | Nurse at HagaZiekenhuis |
| Retail | Stores and online shops | Cashier at Zeeuwse Passage |
This table illustrates the sector-specific nature of CAOs; always check the latest CAO and consult the Juridisch Loket Den Haag for local nuances.
Frequently Asked Questions
Am I covered by the CAO if my The Hague employer is not a union member?
Not necessarily. The CAO applies only if the employer is affiliated with the negotiating party or if an AVV is in place. Otherwise, only the law applies, unless you are a union member yourself. Seek advice from the Juridisch Loket Den Haag.
What if the scope of application is unclear in The Hague?
The District Court of The Hague can rule based on the CAO text and practice. Consult a lawyer or trade union for local guidance.
Can the scope of application of a CAO change?
Yes, through renegotiations or AVV. Employers in The Hague must inform employees promptly about adjustments.