Hospitality CAO: Are you entitled to a performance increase?

Questioner

Hello, I have informed my employer about my annual 2% performance increase and now her accountant said that I was not entitled to this. Now I have looked on the internet myself and I find everywhere that I am simply entitled to this if the contract refers to the collective labor agreement (concerning the catering industry collective labor agreement). Now the collective labor agreement has not been extended since 2014 and her accountant says that this does not apply because there has been no extension, but if my contract does refer to the catering industry collective labor agreement and this is catering industry 2013, it states that I am simply entitled to it. Can someone explain to me whether or not I am entitled to this?

Lawyer

The CAO for the Hospitality Industry has indeed been invalid for quite some time. However, you probably fall under the after-effects of the CAO 2012 or that of 2013. In most situations, provisions from a collective labor agreement continue to apply after the end date (the so-called aftereffect). This aftereffect applies to all obligations from the collective labor agreement that exist between the employer and the employee. That is the case here. The determining factor is whether there are bound employers and/or employees (i.e. employees who are members of a trade union that concluded the collective labour agreement, and employers who are members of an employers' organisation that concluded the collective labour agreement). Also of importance is the question of whether a so-called incorporation clause (a provision that declares a collective labour agreement applicable) has been included in the employment contract. From your data I deduce that you - probably - fall under the after-effects of the CAO 2012 or 2013, because after that time you did not receive a new employment contract. Your employer will simply have to adhere to his old obligations and fulfill the employment contract. I advise you to first discuss this matter with your employer and, if you cannot reach an agreement, to inform him in writing (registered letter with acknowledgement of receipt) that you require compliance with the employment contract.

Questioner

How do I know if the collective labor agreement still has effect? ​​My contract also states that the employer and employee declare that they have entered into the following employment agreement, to which the collective labor agreement for the hospitality and related business, the collective labor agreement regarding contributions to social funds for the hospitality and related business and the collective labor agreement transitional arrangement for early retirement for the hospitality business apply. Shouldn't she just stick to that collective labor agreement or not?

Lawyer

Answer changed

Questioner

In my contract it is indicated separately (article 19) with the reference to the catering industry collective labor agreement because at the time of concluding the contract 1-07-2012 for an indefinite period there was no collective labor agreement and therefore the catering industry collective labor agreement 2012 applied then they must apply everything that is stated in it or not. And what I mentioned above is also described in it. So in the end I come to the conclusion that the catering industry collective labor agreement 2012 applies to me or should I not see it that way?

Lawyer

Answer explained.