{"product_id":"vragen-6017-namens-mijn-collega-s-stuur-ik-u-deze-vraag-over-de-cao-en-verworven-rechten-de-situatie-is-als-v","title":"Legal Advice on Collective Labor Agreements and Acquired Rights","description":"\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n On behalf of my colleagues, I am sending you this question about the collective labor agreement and acquired rights.\n\n The situation is as follows:\n \nFrom the beginning of our company, our employer has assumed days of 8 hours when determining the number of days off, and not days of 7.2 hours as stated in the collective labor agreement. This has been the case since 2004. Formally, this positive deviation from the collective labor agreement is not included in our employment contracts. As employees, we have always seen this as a nice gesture from the employer to grant us a little more than the collective labor agreement. The employer has now indicated that this was not the intention and that the collective labor agreement will be strictly followed in future. Our extra will therefore expire.\n\n Now our question:\n\n Can we, as employees, rely on an accrued right, or is the employer free to 'simply' change our employment conditions?\n\n An additional question:\n \nEarlier, there was a discussion within our company about the form in which an end-of-year bonus\/gratuity could be paid. The impression was given that something that is done in a certain way for 2 or 3 years becomes an acquired right for the employees that can be assumed. Can you tell me when there is indeed a 'acquired right'?\n\n I hope you can indicate to me how the rules of the collective labor agreement and labor law should be interpreted in this case.\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e\n\n A collective labor agreement may not be deviated from, except in the case of a so-called minimum collective labor agreement (and then it may only be deviated from in a positive sense for employees). This fact also plays a role in the benefit\/gratuity. And it is unclear, for example, what you mean by 'in a certain way'. More information is therefore required from you. I therefore advise you to contact one of the lawyers here directly for further advice\n\n","brand":"Rechtswinkel.nl","offers":[{"title":"Default Title","offer_id":55019443061085,"sku":"","price":0.0,"currency_code":"EUR","in_stock":true}],"url":"https:\/\/www.rechtswinkel.nl\/en\/products\/vragen-6017-namens-mijn-collega-s-stuur-ik-u-deze-vraag-over-de-cao-en-verworven-rechten-de-situatie-is-als-v","provider":"Rechtswinkel.nl","version":"1.0","type":"link"}