Salary CAO VVT and compensation ORT

Questioner

I work in healthcare and am covered by the collective labor agreement for VVT (Nursing, Care Homes and Home Care) My salary is based on FWG 35 scale 11 and was €12.08 per hour. It still is, but according to the CAO-VVT, that hourly wage has been increased to €12.16 per hour as of October 1, 2016. Does an employer have to adhere to this or is this a guideline? And what about the offer to compensate for the unpaid ORT on vacation hours? Should an employer make an offer?

Lawyer

In principle, the collective labor agreement is generally applicable and you can hold your employer to the collective labor agreement. Unless multiple collective labour agreements are applicable as an exceptional condition. The 12.16 is then mandatory. You can hold your employer to it from October. I advise you to do that carefully. The employer must make you an offer based on the collective labor agreement article 3.15. The offer is paid in three installments. If you accept the offer, you will receive a one-off bonus.