Does collective labor agreement take precedence over organizational rules?
Questioner
I have been working for a healthcare organization for 9 years. At first, I had a fixed day off on Friday at the first location. For 4 years now, I have been working at a different location, the same organization. Now the manager has suddenly indicated that my fixed day off on Friday is being withdrawn, because my old right had expired when applying for a job. Is this allowed or can I continue to insist on the new rule of the CAO VVT 2023 that I have the right to designate a fixed day off? What is leading: the CAO or any rules of the organization?Lawyer
It is important to know that a collective labor agreement (CAO) is generally legally binding and takes precedence over the rules of an individual organization. This means that if the CAO VVT 2023 stipulates that you have the right to designate a fixed day off, this right must be respected by your employer. In other words, if there are rules in the collective labor agreement that specifically address the designation of fixed days off, and these do not match what your organization's management says, then the rules of the collective labor agreement should in principle take precedence. However, I would advise you to seek legal advice from an expert in this field to ensure that you are on solid ground in this matter. After all, a professional can consider all the details and nuances of your situation. It is also important to check whether the CAO VVT applies to you and whether you have any misunderstandings regarding the interpretation of the CAO.' ---------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimerNeem de volgende stap
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