Making a branch agreement mandatory for all employers in this sector is (still) the dominant possibility of regulating working conditions in the Netherlands. The binding agreements apply to all those who fall within the scope of the General Applicability Decree, which is largely governed by the scope of the underlying agreement. [87] This means, first of all, that the General Applicability Decree is mandatory for all employers in the sector concerned, including those already bound by the agreement itself. The legal obligation does not replace the one that was adopted voluntarily, but is added. [88] Second, there is no automatic, de jure exception for employers who are already bound by another collective agreement. The problems posed by the overlapping of collective agreements are solved by state practice and not by legislation. There is therefore no general rule leading to the application of the most favourable agreement, nor a rule allowing the application of the more specific agreement, nor a rule that respects the commitments made voluntarily beyond the obligations of legal constraint. [80]. Comparisons Nota Algemeen, linking verklaren van cao-bepalingen (Regierungsmemorandum `ber die Allgemeine Anwendbarkeit von Tarifvertr-gen) K II 1993-1994, 23532, nr. 2, 9 and 33. Employers` and trade union organisations cooperate at different levels in different institutions.

Until recently, they were entirely responsible for managing labour exchanges. [18] They have introduced both general and statutory social security and complementary social security at the sectoral level. They manage (again) the Social Fund and the arbitration bodies. However, the Dutch industrial relations system does not involve participation or influence on justice. Labour disputes are dealt with by ordinary (civilian) courts. The most important employers` and workers` organizations participate in two permanent institutions, the Stichting van de Arbeid (Joint Labour Council) and the Sociaal Economische Raad (Social and Economic Council). The SER is the central institution within a system of professional public service organisations. It consists of 33 members, 11 of whom are appointed by the central workers` organizations (FNV 8, CNV 2, MHP 1), 11 represent employers (VNO 7, MKB 3, LTO 1) and 11 members are independent and are appointed by the Crown.

Inter-professional organisations, whose employment is the supervisory body, have (limited) legislative powers. B such as registration, professional standards and working conditions. This latter jurisdiction, which is in direct competition with negotiated collective agreements, is rarely used. [19] The SER is one of the government`s most important advisory bodies and deals with a wide range of social and economic issues. The Joint Labour Council, or STAR, is made up solely of representatives of the social partners. She advises the government on social issues and is consulted, among other things, on determining the general application of collective agreements. As both the SER and the STAR advise the government on social issues, the tasks of these institutions overlap to some extent. When they are both consulted on the same subject or on the same subject, they try not to draw conflicting conclusions through informal cooperation. [104]. Nass CAO Art.

1, Section 2: Zij kan ook betreffen aannemingen van werk en overeenkomsten tot het verrichten van enkele dienste: A collective agreement can also concern contracts and/or the provision of services. Pay-per-view agreements offer flexibility at the level of each employee. Framework agreements allow specific agreements to be obtained at the company level. [112] The enterprise contract could be concluded by the local union, but also by the Works Council.