In Tilburg, a vibrant hub for hospitality and industry, collective labour agreements (CAOs) may deviate from the statutory main rule regarding transition compensation during probationary periods. Article 7:673(11) of the Dutch Civil Code permits collective agreements to exclude or modify the compensation, provided it is not unreasonably onerous. The hospitality CAO in North Brabant, relevant for Tilburg’s cafés and restaurants around the Spoorzone, does not apply probationary period exclusion for permanent employees.
For example: the Metal CAO, crucial for factories in the Tilburg region such as those around Loven and Belsert, offers a 'probationary period compensation' of 50% of the standard transition compensation. Employees in Tilburg can consult the applicable CAO via the FNV Metaal website or industry organisations such as Metaalunie. If the CAO is more favourable, it takes precedence over the law.
Disputes arise in Tilburg sectors without a CAO, such as smaller startups in the textile or creative industries; in such cases, the law applies exclusively. Advice for employers in Tilburg: integrate CAO rules into employment contracts and consult local legal experts via the UWV office on Ringbaan Oost. For employees: verify upon commencement of employment whether the CAO deviates, particularly in growing sectors. In 2023, this led to multiple revisions of severance compensations by cantonal judges in Den Bosch in the province of Brabant. (248 words)