Legal Advice on Collective Labor Agreements and Overtime

Questioner

My husband and his employer have a difference of opinion. My husband's contract states that the collective labor agreement for small metalworking applies and that 125% is paid for an hour of overtime. My husband has now been working 1 hour overtime per day for 13 years. His employer pays for the overtime once every 13 weeks. The employer says: 13 weeks x 40 hours = 520 hours actually worked. If my husband takes 20 hours of leave within those 13 weeks, then according to his employer 520-20 = 500 hours remain. With 10 hours of overtime, the employer arrives at 500 + 10 = 510 hours. According to the employer, you do not reach the 520 hours that you should have actually worked, so everything is only paid at 100%. In this way, he is making time for time and that was not agreed. If my husband does not take leave, he does get paid for his overtime above 520 hours at 125%. My husband says: 13wkx40 hours=520x100% 20 hours of leave 100% 10 hours overtime 125% Leave hours are bought off hours, so 100%, and overtime hours are not leave hours. I would like to know from you who is right. If my husband is right I would like to get a clear substantiation to present this to his employer. Thank you in advance

Lawyer

The CAO Kleinmetaal (now: CAO Metaal en Techniek) consists of five CAOs with partly separate agreements. Under which CAO does your spouse fall exactly? See: http://caometaaltechniek.nl/metaal-en-techniek/caos Your spouse receives a certain number of vacation hours (annual leave) each year based on the collective labor agreement. In addition, he works structural overtime. In principle, the employer should therefore keep two registrations, one for leave and one for overtime. The leave taken in a certain period must be deducted from the 'leave card'. The overtime is separate from this and is paid periodically. Your spouse works: 13 weeks * 40 hours = 520 hours at 100% (this is the basic salary paid monthly); Your spouse takes 20 hours of leave in period X (these hours are deducted from the annual leave); Your spouse works 10 hours overtime at 125% in period X (these hours are paid out periodically)

Lawyer

Answer adjusted