AVV CLA Rotterdam: Binding for Everyone in the Port and Construction

General Binding Declaration of CLA in Rotterdam

The general binding declaration (AVV) of a CLA obliges employers and employees in Rotterdam sectors such as the port, construction, and cleaning to comply with the agreements, even without membership of a union or employers' organisation. This ensures a level playing field and prevents unfair competition in the region.

Why the AVV is Crucial for Rotterdam Residents

In the Netherlands, CLAs generally apply only to members, but without an AVV, non-members in Rotterdam can undercut with lower wages, leading to a race to the bottom. With an AVV, the rules apply across the entire sector, protecting workers and promoting fair competition in Rotterdam's vibrant economy. For basic information on CLAs, see our article on the collective labour agreement.

Legal Basis for AVV

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

• Article 3 WCAO: The Minister of SZW grants the AVV upon request from unions or employers' organisations.
• Article 4 WCAO: Requirements such as at least two-thirds representation of workers in the sector.
• Article 5 WCAO: Valid for a maximum of one year, with option for extension.
• Article 7 WCAO: Withdrawal upon expiry of the CLA or changed circumstances.

The minister verifies whether the CLA covers a sector, such as construction or logistics in Rotterdam.

Requirements for AVV Approval

The minister applies strict scrutiny:

• Sector-wide scope (art. 1(2) WCAO).
• At least two-thirds support from workers via unions.
• No conflict with labour relations or public order.
• Proof of representativeness by the applicant.

Failure to meet these results in rejection, preventing abuse in sectors like the Rotterdam port.

Procedure for AVV Application

Step-by-step process:

1. Submission: To the Minister of SZW with CLA text and proof of representation.
2. Consultation and Input: Obtain SER advice and open public consultation for stakeholders.
3. Decision: Within three months, published in the Staatscourant.
4. Effective Date: Immediately for the duration of the CLA.

The process takes months; in 2023, many AVVs were granted for SME-heavy sectors like those in Rotterdam.

Standard CLA vs. AVV CLA

Overview:

Examples from Rotterdam Practice

Example 1: Construction in Rotterdam. The construction CLA with AVV forces non-affiliated contractors on Maasvlakte projects to pay CLA wages, or face union claims.

Example 2: Cleaning in Port Area. AVV sets rates and schedules; self-employed workers must comply with minimums to prevent exploitation.

Example 3: Metal and Logistics. During the pandemic, flexible schedules were mandatory for all Rotterdam metal companies.

This stabilises local sectors.

Rights and Obligations under AVV

Employee Rights:

• CLA wages, leave, and pensions.
• Report violations to the Labour Inspectorate SZW.

Employer Obligations:

• Apply CLA in contracts.
• Maintain records.
• Fines up to €4,000 (Minimum Wage Act).

Enforceable via the District Court of Rotterdam; unions monitor compliance.

Tips for Rotterdam Residents

• Check AVV in Your Sector: Via SZW website, cao.nl, or Juridisch Loket Rotterdam.
• Join a Union: Extra protection even with AVV.
• Review Your Contract: Juridisch Loket Rotterdam advises on AVV.
• Track Changes: Staatscourant alerts; check Rotterdam Municipality for local info.
• Business Owners: Factor in costs; consider joining an employers' organisation.