In Zoetermeer, a growing business centre in the Randstad with many metal companies and hospitality businesses, CAOs may deviate from the statutory main rule regarding transitional compensation during probationary periods. Article 7:673(11) of the Dutch Civil Code permits collective agreements to exclude or adjust the compensation, provided it is not unreasonably burdensome. Thus, in the hospitality CAO for permanent staff in regions such as Zoetermeer, there is no probationary period exclusion, which is advantageous for personnel in local restaurants around the Stadshart.
For example: the Metal CAO, relevant for factories in Zoetermeer's Oosterheem industrial area, provides a 'probationary period compensation' of 50% of the standard transitional compensation. Employees in Zoetermeer can consult the applicable CAO via the website of FNV Metaal or CNV Vakmensen. If the CAO is more favourable, it prevails over the law, providing extra protection in this high-tech sector.
Disputes arise at Zoetermeer companies without a CAO, such as startups in the Binckhorst; in such cases, only the statutory rule applies. Advice to employers in Zoetermeer: integrate CAO rules directly into the employment contract and consult the local Chamber of Commerce. For employees: check upon commencement of employment via the UWV Werkbedrijf in Zoetermeer whether the CAO deviates. In 2023, this resulted in revisions of dismissal compensations at regional district courts. (248 words)