AVV Collective Agreement in Zoetermeer: Binding for All Employers and Employees

General Binding Declaration of the Collective Agreement in Zoetermeer

The general binding declaration (AVV) of a collective labour agreement (CAO) requires employers and employees in Zoetermeer and surrounding areas to follow the CAO rules, even without membership in a trade union or employers' organisation. This promotes fair play in local sectors such as construction and cleaning, and prevents unfair competition around the municipality of Zoetermeer.

Why the AVV is Crucial for Zoetermeer Residents

In the Netherlands, collective agreements often apply sector-wide but typically bind only members. Without an AVV, non-members in Zoetermeer can offer lower wages, leading to a 'race to the bottom'. With an AVV, the rules become generally binding for everyone in the sector. This protects local workers and ensures fair competition. For basic information on collective agreements, see our article on the collective labour agreement.

Legal Basis of the AVV

The Collective Labour Agreements Act (WCAO) governs the AVV. Key provisions:

• Article 3 WCAO: The Minister of Social Affairs and Employment grants the AVV upon request from trade unions or employers' organisations.
• Article 4 WCAO: Requirements such as representation of at least two-thirds of workers in the sector.
• Article 5 WCAO: Valid for a maximum of one year, extendable.
• Article 7 WCAO: Revocation upon expiry of the CAO or changed circumstances.

The Minister verifies whether the CAO covers an entire sector, which is relevant for Zoetermeer businesses in construction or metals.

Practical Requirements for an AVV

The Minister imposes strict conditions:

• Sectoral scope (art. 1(2) WCAO).
• Representation of at least two-thirds of workers by trade unions.
• No conflict with labour relations or public order.
• Parties must prove representativeness.

Rejecting such a request prevents misuse, benefiting Zoetermeer entrepreneurs.

Procedure for an AVV Application

Step-by-step process:

1. Submission: To the Minister of Social Affairs and Employment with evidence and CAO text.
2. Consultation: Advice from the Social and Economic Council chair and public consultation for stakeholders.
3. Decision: Within three months, published in the Government Gazette.
4. Effect: Effective immediately for the CAO term.

The process takes months; in 2023, many AVVs were granted for SME sectors, fitting Zoetermeer's economy.

Difference Between Standard CAO and AVV

Overview:

Practice in Zoetermeer and Surroundings

Example 1: Construction. The construction CAO with AVV requires Zoetermeer contractors to comply, even non-members, to avoid claims.

Example 2: Cleaning. AVV on wages and schedules applies to cleaners in Zoetermeer offices and Stadshart, preventing exploitation.

Example 3: Metals. In times of crisis, flexible schedules are mandatory for all metal companies around Zoetermeer.

AVVs thus stabilise local markets.

Rights and Obligations under AVV

Employee Rights:

• CAO wages, holidays, pension.
• Report to Netherlands Labour Authority; enforce via Zoetermeer District Court.

Employer Obligations:

• Apply CAO in contracts.
• Keep records for inspections.
• Fines up to €4,000 (Minimum Wage Act).

Trade unions monitor; Zoetermeer sub-district court enforces.

Tips for Zoetermeer Residents

• Check AVV Sector: Via Ministry of Social Affairs and Employment or cao.nl.
• Join a Union: Extra protection alongside AVV.
• Review Contracts: At Zoetermeer Legal Aid Office for AVV queries.
• Follow Updates: Government Gazette subscription.
• Entrepreneurs: Factor in costs; Municipality of Zoetermeer sometimes provides local info.