Collective Labor Agreement for Disabled Care: Demotion and Your Rights

Questioner

Collective labor agreement for disabled care - demotion I have a permanent contract in fg40. In the last 2 years I have received 2 temporary contracts on top of this for a function in fg45. This function is expiring and I am going back to fg40. However, I am not transferred to the corresponding salary scale. I first go to fg40 and then 2 periodic payments are deducted. This is the opposite of the rules around promotion. Demotion is not described in the CAO. What are the legal rules regarding this? Thank you in advance for your response.

Lawyer

There are no legal rules on demotion. If you belong in scale fg40, the employer cannot simply put you back two increments. This is in conflict with the collective labor agreement and with labor law, whereby employment conditions can only be changed if there are compelling business interests. However, a wage reduction is almost never approved in the Netherlands because this is one of the most primary employment conditions. So it is best to protest against this and demand that you are put back in the correct increment.