CBAs

This article is about collective bargaining agreements in the cultural sector. If you work in the Netherlands you are part of a certain professional group. Most professions have a collective bargaining agreement. This is a written agreement describing the terms of employment within that sector. Among other things, it covers the level of wages and allowances, pension plans, the working hours that apply, employment contracts and parts thereof (such as probationary period and notice period).

Types of collective bargaining agreements

There are two types of collective bargaining agreements distinguished on the central government website. There are industry-wide collective bargaining agreements, which apply to all companies and the employees represented by the employers, employers' associations or unions that enter into the collective bargaining agreement. In addition, there are company collective bargaining agreements which are mainly found in organizations with many employees. These set out the agreements between the employer and employee representatives.

How the collective bargaining agreement is concluded

A collective bargaining agreement covers a very large group of people in a particular profession. You do not enter into a collective agreement yourself, but this is organized collectively. Usually one or more employers, employer organizations or unions take the lead. They draw up the content of the collective agreement in response to input from the constituency. Negotiations are held with all parties involved and then the signatures are added.

CBA in relation to individual employment contract

In many cases, the collective bargaining agreement is a kind of employer protection. When you are employed or otherwise given an employment contract, you make agreements with the company about your employment and the terms and conditions of that employment for both parties. The employer and employee are both careful to ensure that the agreements and conditions you make are not more disadvantageous to the employee than those agreed to in the collective bargaining agreement.

The collective bargaining agreement in relation to the law

Of course, the collective bargaining agreement that is concluded must not violate the law. Thus, the minimum wage in an occupation can never be lower than discussed in the Civil Code. Generally, the conditions included in a collective agreement are more favorable than in the law.

General binding statement (AVV).

In the case of an industry collective bargaining agreement, it is very common that it has been "declared universally binding. This means that all employers in a particular industry or occupational group are automatically covered by the collective bargaining agreement, provided they abide by all the provisions agreed upon. So many employers are covered by a collective bargaining agreement but they could apply for dispensation. The company will clearly state this in a contract and they can provide the terms of a collective bargaining agreement to you or assist you further.

Specific information for clients

Some culture makers have a foundation that allows them to be formal principals. From Floor Ruyters of De Nieuwe Oost, we received the following tips on collective bargaining agreements in that regard:

Is there a mandatory collective bargaining agreement for Drama and Dance?

Every legal entity established in the Netherlands, which pays at least 50% of the wage bill in theater and dance, is bound by Cao Toneel en Dans. Even employers who are not part of the Cao parties, but do fall under the industry, must comply with this AVV. Sometimes employers can request exemption (dispensation). There is an exemption for employers who are already covered by another collective agreement, such as the Cao Nederlandse Podia, Cao Nederlandse Orkesten and the Cao Nederlandse Poppodia- en festivals.

Is a collective bargaining agreement mandatory?

No, a CBA is not mandatory. You can choose not to be covered by a CAO. You then make your own agreements with your employees about employment conditions and record this in a regulation (also called personnel manual, personnel regulations or personnel rules). It is possible that you are unknowingly covered by a collective bargaining agreement. If you are in doubt, the list below may be useful to you.

No collective bargaining agreement in the profession

Surely you may not be covered by a collective bargaining agreement or regulation. Then you simply make arrangements together with the employer and these are included in the employment contract. If necessary, get advice from people who know more about it and/or look into the following laws:

• Minimum wage law
• The Working Hours Act
• The Working Conditions Act
• The Labor and Care Act and in the Civil Code.
  

Links to collective bargaining agreements

Below we have included a list of links to various collective bargaining agreements. All collective bargaining agreements in the Netherlands can be found at the FNV. The collective agreement for architectural firms is on this website. There is also a collective agreement for art education and you can find it at cultuurconnectie.nl. We found the collective agreement for museums on the website of the Museum Association. The collective agreement for the Dutch Podia can be downloaded here. The CAO for pop stages and festivals can be found on this website. The collective agreement for exhibition companies can be found through the FNV. On this website you can download the CAO for theater and dance. The collective agreement for free theater producers can be found through the Kunstenbond.

Disclaimer

In writing this article, we took inspiration from information from the central government, The New East and the Arts Union. Finally, we have a handy link to the website of the Kunsten bond where there are also many useful tools and information related to collective bargaining agreements.

If, from your expertise, you yourself have knowledge that would fit this topic, or if you see opportunities to improve this text, we look forward to receiving your message at info@cultuuracademy.nl.