Rights under the VVT ​​collective labor agreement: Vacation days and public holidays

Questioner

Since January 1, I have been working for a cooperative. The employment regulations that I signed are derived from the CAO VVT. In the employment contract, a number of articles are indicated that we explicitly deviate from the CAO VVT and what will replace them. Now there is a discussion about whether May 5 and Good Friday are vacation days. In 2017 the board found out that our manager had been giving us these days off for two years. Our employment regulations state the following regarding Article 6 work and private life: Article 6.1 according to the VVT ​​collective labor agreement statutory and extra-statutory vacation hours: - Additional statutory hours do not apply to this cooperative - Sundays and public holidays are free. Articles 6.2 and 6.3 shall lapse. See link to CAO VVT http://www.vvtcao.nl/cms/showpage.aspx?id=46091&folderNr=9 In my opinion and what the government indicates on https://www.rijksoverheid.nl/onderwerpen/schoolvakanties/vraag-en-antwoord/officiele-feestdagen I am entitled to these two free holidays. Is that correct?

Lawyer

Ir/Madam, Case law has often ruled on cases in which an employer deviates from the applicable collective labour agreement with the express consent of an employee. It is not obvious that an employee will object to the failure to comply with the collective labour agreement if express agreements have been made with the employer about employment conditions that deviate from the collective labour agreement. However, a trade union can also object to the failure to comply with the collective labour agreement. Even if the 'individual' agreements are very clear, they must usually yield to 'collective' agreements, laid down in a collective labour agreement. Certainly if a collective labour agreement has been declared generally binding. In that case, the collective labour agreement provisions apply to all employers and employees who fall within the scope of the collective labour agreement in question. Deviating from a collective labour agreement to the detriment of an employee is not permitted in that case. An agreement between an employer and an employee that conflicts with a collective labour agreement by which they are bound is null and void. The collective labour agreement provision applies instead of that agreement.