Collective labour agreement in the care for the disabled: your rights

Questioner

My boss has his own collective labor agreement in the disability care sector. The collective labor agreement for disabled care has been declared binding (AVV) and states that all other agreements are declared null and void. In our 'own' collective labour agreement it states that we only get paid for 2 hours per night-time on-call service between 23-08.00. In the generally applicable collective labour agreement it states that this should be half of the number of hours. Can and may my employer simply change this?

Lawyer

A generally binding collective agreement applies to the entire industry. A company collective agreement can only make an exception if the employer has been granted an exemption by the Minister of Social Affairs and Employment. Company CAOs are actually only found in very large companies (I don't know of any in the care for the disabled either). I therefore wonder whether there is a CAO concluded with the FNV? If not, then its status is lower than an 'official' CAO. If the employer does not have an exemption from the AVV CAO, then he must apply this industry CAO. He cannot then reduce your compensation. If he does so, you must go to an expert lawyer.