Settlement agreement and collective labor agreement: What applies?

Questioner

Day, For business economic reasons I was dismissed as of 01-07-2018. I signed a settlement agreement with my employer in which the payment of vacation days, transition compensation and vacation pay are stated. The final settlement will take place no later than 31-07-2018. The accrued holiday pay [from May 2017 to May 2018] I had expected in June but, as our CAO [architectural firms] prescribes, and the part accrued in June at the end of July. When asked, the employer refers to the signed settlement agreement and pays the entire amount at the end of July. To be sure, I would like to know what takes precedence: the collective labor agreement or the settlement agreement. Thank you in advance.

Lawyer

The settlement agreement (VSO) in principle takes precedence, because it contains agreements between the parties that must comply with the collective labour agreement. With regard to holiday pay, this can be deviated from if the parties have agreed to this. By the way, you would be wise to have your VSO assessed, if still applicable, for possible disadvantages for you. If you want, I can do this for you. To do so, click on the button next to this answer.

Questioner

Thank you for your quick response. Unfortunately, the VSO can no longer be changed and my employer is within his rights.