What are your rights with an AVV-verklte CAO?

Questioner

Hi, I've been working for a company for five years that doesn't apply a collective labor agreement. However, that collective labor agreement has been declared AVV (General Administrative Law Act) and falls within its scope. The collective labor agreement stipulates a 38-hour workweek or a 40-hour workweek with 2 hours of ADV. Since joining, I've worked 40 hours and have been paid for 40 hours. What am I entitled to? Can the two extra hours I worked be considered overtime or unearned ADV (Advanced Leave)? The function scales and periodic increases according to the collective labor agreement have also not been applied. Thank you in advance.

Questioner

You may indeed have a wage claim. A collective labor agreement (AVV) must, in principle, be applied by the employer. If you would like to discuss this, please feel free to contact us.

Questioner

You are entitled to payment for 38 hours per week -> 1. Work 38 hours per week or 2. 40 hours of work per week and 2 hours of ADV per week If you are paid for 40 hours, then you are in violation of the collective labor agreement, but you are in fact already being paid for 2 hours of overtime (although without a surcharge). I agree with Van Orsouw that the collective labor agreement must be complied with (mandatory), but the question is whether and, if so, to what wage claim you are entitled. The case doesn't provide sufficient information for this.

Questioner

Thank you for your responses. The CAO has been declared AVV from 2014 to the present. And then every year. Since 2014, my employment contract hasn't referred to the CAO, even though it should have been. Another question is: individual increases and collective labor agreement increases. Can my employer indicate that the raises I received count as collective bargaining agreement increases? Is this excluded because it's not specifically designated as a collective bargaining agreement increase?

Questioner

The individual employment contract does not need to refer to the collective labor agreement. The collective labor agreement is automatically applicable. If the annual salary increase is equal to or greater than that stipulated in the collective labor agreement, the employer has complied with the collective labor agreement on this point.

Questioner

Thanks for your response. And in the event of a switch to a different collective labor agreement that is also declared AVV, will my more favorable provisions not expire, I assume? The current collective labor agreement does indeed include an overtime provision. Can we then say that I should have actually received: 38 hours of normal hourly wage + 2 hours of overtime compensation with a 25% increase? Or could I be paid this as ADV (additional working hours).

Questioner

To answer these questions, I'd have to delve (too) deeply into collective bargaining agreement law. You can contact me directly (and we'll then have to make further financial arrangements) or consult a specialized employment law attorney (who is a member of a specialized association) in your area. The initial consultation, up to a half-hour, is often free.