In Rotterdam, CAOs may deviate from the statutory main rule regarding transitional compensation during probationary periods, particularly relevant in dynamic sectors such as the port and hospitality. 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 Rotterdam hospitality CAO, there is no probationary period exclusion for permanent employees, crucial for the vibrant Maasstad.
An example is the Metal CAO, prominent in Rotterdam industry, with a 'probationary period compensation' of 50% of the standard transitional compensation. Port workers under specific CAOs must consult these via the website of industry organisations such as Deltalinqs. If the CAO is more favourable, it prevails over the law, which is common in the Rotterdam labour market.
Disputes arise in sectors without a CAO, such as smaller Rotterdam startups; in those cases, only the statutory rule applies. Advice to employers in Rotterdam: explicitly integrate CAO rules into the employment contract and consult local lawyers via the Port of Rotterdam Authority. For employees: check upon commencement of employment whether the CAO deviates, for example in jobs on the Maasvlakte. In 2023, rulings by the Rotterdam subdistrict court led to revisions of dismissal compensations in logistics. (248 words)