In the Netherlands, employers cannot deviate from a ‘standard’ collective labour agreement unless explicitly allowed. While this might seem straightforward, recent cases reveal otherwise. The Maastricht subdistrict court recently ruled in favour of an employee’s wage claim under the Care, Nursing, and Home Care collective labour agreement. This ruling emphasised that an employer must follow collective labour agreements strictly. The employer’s failure to do so here resulted in substantial additional penalties, including statutory increases and interest.
Case Summary
Since 1 March 2022, the employee had worked as a “care assistant plus” for a small personal care institution. Four residents at this institution receive various levels of care and supervision. On 24 May 2024, the employee reported as unwell. A dispute then arose regarding the wages owed, with the employee claiming that her wages were insufficient since her illness began, as well as beforehand.
Employee’s Claim and Court Decision
From January to May 2024, the employee worked night and on-call shifts, per the collective labour agreement. Both parties agreed on these shifts, but the employer disputed the employee’s wage calculation, arguing that wages had been paid based on information provided by the employee via WhatsApp.
The court upheld the employee’s calculations based on the collective labour agreement, confirming a salary rate of €14.47 per hour, with a minimum wage rate of €13.27 per hour. This resulted in a gross wage entitlement of approximately €176.10 per 11-hour shift. Therefore, the arrears claim of €8,242.52 was awarded.
The court rejected the employer’s defence, noting that it is the employer’s duty to ensure proper salary and hours administration under the collective labour agreement. For the June to August 2024 period, the employee invoked Article 7:610b of the Dutch Civil Code, assuming an average work rate of 194 hours per month. The court accepted this as the employer did not contest it sufficiently. The collective agreement also required evening and night shift allowances to be included in the illness pay calculation, contrary to the employer’s view.
Additionally, the employee was entitled to an end-of-year bonus of 8.33% of the annual salary, which had not been paid, leading the court to award this bonus as well.
In Summary
The court granted the employee’s wage claim, including the maximum statutory increase and interest, underscoring the necessity for employers to adhere to collective labour agreements rigorously.
How can 360 Business Law Assist
Our employment team in the Netherlands provides expert support in navigating complex employment law issues, ensuring compliance with Dutch regulations, and protecting your rights. We assist with contract reviews, collective labour agreements, workplace disputes, wage claims, and redundancy matters. Our experienced lawyers represent both employees and employers, offering strategic guidance and legal representation in employment disputes. By tailoring our services to your unique situation, we aim to resolve issues efficiently and minimise workplace conflicts, supporting a fair and legally sound employment environment.