AVV CLA Tilburg: Binding for Everyone in the Region

General Binding Declaration of CLA in Tilburg

The general binding declaration (AVV) of a collective labour agreement (CLA) requires all employers and employees in a sector in Tilburg and surrounding areas to comply with the CLA rules, even if they are not members of trade unions or employers' organisations. This ensures fair play in local sectors such as construction and industry, and prevents unfair competition.

Why the AVV is Crucial for People in Tilburg

In the Netherlands, CLAs generally apply only to members, but without an AVV, non-members in Tilburg can offer cheaper terms, putting pressure on regional wages. With an AVV, the CLA becomes mandatory for everyone, protecting workers and promoting fair competition in the Tilburg economy. For basic information on CLAs, see our article on the collective labour agreement.

Legal Basis of the AVV

The Collective Labour Agreements Act (CLAA) governs the AVV. Key provisions:

• Article 3 CLAA: Minister of Social Affairs and Employment grants AVV at the request of trade unions or employers' organisations.
• Article 4 CLAA: Requirements such as at least two-thirds representation of workers in the sector.
• Article 5 CLAA: Valid for max. one year, extendable.
• Article 7 CLAA: Revocation upon CLA expiry or changed circumstances.

The Minister checks whether the CLA has a broad scope of application, suitable for sectors like construction or cleaning in Tilburg.

Conditions for AVV Approval

The Minister sets strict requirements:

• Sector-wide scope of application (art. 1(2) CLAA).
• At least two-thirds support from workers via trade unions.
• No conflict with labour relations or public order.
• Proof of the applicant's representativeness.

If a CLA fails to meet these, it is rejected to prevent abuse.

AVV Procedure in Practice

Step-by-step process:

1. Application: Submit to Minister of Social Affairs and Employment with CLA text and proof of representation.
2. Advice and Consultation: Advice from the Social and Economic Council (SER) and public consultation for stakeholders, such as Tilburg businesses.
3. Decision: Within three months, published in the Government Gazette.
4. Effect: Immediately binding for the CLA term.

The process takes months; in 2023, many SME sectors received AVVs, relevant to Tilburg's business community.

Standard CLA versus CLA with AVV

Overview:

Local Examples in Tilburg

Example 1: Construction in Tilburg. The construction CLA with AVV requires non-affiliated contractors around the city to pay CLA wages, or face claims from trade unions.

Example 2: Cleaning for Tilburg Municipality. AVV enforces minimum rates for cleaners and freelancers, preventing exploitation.

Example 3: Meat Industry in Tilburg. AVVs stabilise schedules in local meat processors during crises, for all companies.

This is how AVVs work in Tilburg sectors.

Rights and Obligations under AVV

Employee Rights:

• CLA benefits such as pay, leave and pensions.
• Report violations to the Labour Inspectorate SZW or Legal Aid Office Tilburg.

Employer Obligations:

• Apply CLA in contracts.
• Maintain records for inspections.
• Fines up to €4,000 (Minimum Wage Act).

Enforce compliance via the subdistrict court of the District Court of Zeeland-West-Brabant (Breda). Trade unions monitor.

Tips for Employers and Employees in Tilburg

• Check AVV in your sector: Via SZW, cao.nl or Legal Aid Office Tilburg.
• Join a union: Extra protection despite AVV.
• Review contracts: Free advice at Legal Aid Office Tilburg on AVV.
• Stay alert: Follow Government Gazette or local updates via Tilburg Municipality.
• Business owners: Factor in costs; employers' association membership pays off.