Employer ignores collective labor agreement regulations?

Questioner

We work in the hospitality industry and the holidays are coming up. My employer expects every employee to work every holiday. I don't have a problem with that, but we will not be paid double. The hours worked will also not be counted double. The employer indicates that it is only normal that these holidays count as normal working days. In terms of remuneration, we find this a strange reaction. It is logical that the employer may expect us to work on these holidays. However, the Horeca CAO clearly states that these are official holidays and that they must therefore be paid double (or that the hours worked must be counted double). The employment contract also does not state that this provision from the CAO is not adopted. So there should be no question of a 'silent agreement', in our opinion. Now our question is whether the above view is correct and can we demand that the provision from the Horeca CAO be applied? And if the employer refuses to comply with this, can we refuse to work on public holidays? It is Christmas for everyone. In our opinion, working on these days should be compensated for by some extra compensation.

Lawyer

If the collective labor agreement applies to your employment contract, your employer is generally obliged to comply with its provisions. In most cases, this also includes the rules on extra pay or compensation for working on official holidays. If your employer ignores these provisions, this may be a breach of the employment contract. You can start by asking your employer for an explanation, preferably in writing. If you and your colleagues disagree with his answer, you may consider contacting your union, if you are a member. They can often provide you with advice and sometimes even legal assistance. In addition, you can file a formal complaint with the competent authority for compliance with the collective labor agreement. In the Netherlands, this is usually the Stichting van de Arbeid (Star). The question of whether you can refuse to work on public holidays is more complicated. In general, you should be prepared to comply with reasonable requests from your employer, and it is not unusual for employees in the hospitality industry to be required to work on public holidays. If you can demonstrate that your employer is not complying with the collective agreement on this point, that may play a role in this question, but it is a complicated area where you really need legal advice. Again, this is general advice based on the information you have provided. Each case is different and there may be other variables or factors that come into play in your specific situation. It is highly recommended that you consult with a lawyer or attorney before taking any further steps. ' ---------------- 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/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.