In Rijswijk, a vibrant municipality in the Haaglanden region with a significant hospitality and industrial sector, collective labour agreements (CLA) may deviate from statutory regulations regarding transition compensation during probationary periods. Article 7:673(11) of the Dutch Civil Code (BW) permits this, provided that the collective agreements are not unreasonably burdensome for employees. For instance, the hospitality CLA for Rijswijk and its surroundings does not exclude permanent employees from transition compensation during the probationary period, which is beneficial for staff working in local restaurants and cafés along the Shopstraat.
An example from the region is the Metal Industry CLA, which offers a 'probationary period compensation' amounting to 50% of the standard transition compensation. Employees in Rijswijk-based metal companies, such as those located in the industrial estate near the A4 motorway, should consult the relevant CLA via the websites of trade union organisations like FNV Metaal or CNV. The CLA prevails over the law if it is more favourable, which is often the case in Rijswijk due to strong trade union presence.
Disputes arise in Rijswijk sectors without a CLA, such as smaller startups; in these cases, the law applies exclusively. Advice for employers in Rijswijk: integrate CLA provisions directly into the employment contract upon commencement of employment. Employees: verify at the start of employment whether the CLA deviates from statutory rules, particularly in the local hospitality or metal sectors. In 2023, this led to several revisions of severance payments at the subdistrict court in The Hague.