Use a different collective labor agreement than the one declared generally binding?

Questioner

I fell 7 months ago while playing sports, which resulted in a serious trauma to my right ankle. As a result, I am unable to perform my work in the hospitality industry. The owner wants to reduce my salary to the legal minimum of 70%, while the hospitality industry collective labor agreement states that this must be supplemented to 95% in the first year. The answer to this was that she uses her own collective labor agreement from a certain guild. It seems to me that such a different collective labor agreement may only offer more protection for the employee, but are there any exceptions to this? In addition, she withheld 60 hours of vacation hours without permission or asking while I was on vacation. I currently have no reintegration obligations at all.

Lawyer

If the Horeca-CAO has been declared applicable in the employment contract, or if it has been declared generally binding (and that avv is still valid), that CAO will have to be applied. That CAO should also be applied if the employer is a member of an employers' organization that has (jointly) concluded the CAO.