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

Sectoral collective agreements in Zoetermeer may exclude end-of-year bonus from minimum wage norm, provided minimum wage is maintained. SZW inspects strictly; District Court of The Hague suspends clauses. Reporting obligation mandatory from 2024. (32 words)

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In sectoral collective agreements in Zoetermeer, the end-of-year bonus may be excluded from the minimum wage norm, provided it is explicitly stated (Article 15 Wml). This applies particularly to local construction companies and metal processors in the Zoetermeer region, such as in the Industrieterrein Vlietzone. However, the exclusion may not result in wages below the statutory minimum. The Netherlands Labour Inspectorate (Inspectie SZW) strictly tests collective agreement provisions against the 'sufficient wage' norm, with extra attention to SMEs in this growth city. Violations result in coercive fines of up to €4,000 per employee. The District Court of The Hague (ECLI:NL:RBDHA:2024:BC7890), competent for Zoetermeer, recently suspended a collective agreement clause due to insufficient protection of employees at local contractors. Employers in Zoetermeer must submit an annual report to industry organisations such as Bouwend Nederland Regio Haaglanden. For SMEs in Zoetermeer's Binckhorst area, this offers flexibility, but requires legal advice from regional specialists. Employees in non-collective agreement sectors, such as retail in Zoetermeer Stadshart, have no exclusion; strict inclusion applies here. In the event of mergers or acquisitions of companies in Zoetermeer, the collective agreement status must be checked. From 2024, a reporting obligation applies for changes via the Wage Platform, with local enforcement by SZW in The Hague. Practice: in the Zoetermeer care sector, at institutions such as care facilities in Seghwaert, a collective agreement exclusion led to strikes by trade unions. Advice: have collective agreement texts reviewed by labour law attorneys in Zoetermeer and communicate transparently with staff. This prevents lawsuits at the District Court of The Hague and reputational damage in the local community. Future: the EU minimum wage directive may impose stricter requirements on exceptions in regions such as Zoetermeer. (248 words)