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Exceptions to End-of-Year Bonus for Sectoral Collective Labour Agreements in Rijswijk

Sectoral collective labour agreements in Rijswijk may exclude end-of-year bonus from minimum wage norm, provided minimum wage is maintained. SZW inspects strictly; District Court of The Hague suspends clauses. Reporting obligation mandatory from 2024. (32 words)

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In sectoral collective labour agreements in Rijswijk, the end-of-year bonus may be excluded from the minimum wage norm, provided it is explicitly stated (article 15 Wml). This applies particularly to local construction companies around Rijswijk districts such as Innen and Oud-Rijswijk, given the thriving construction sector near The Hague. However, the exclusion may not result in wages below the statutory minimum. The Netherlands Labour Inspectorate (Inspectie SZW) strictly tests collective labour agreement provisions against the 'sufficient wage' norm, with extra attention to the Haaglanden region. Violations result in penalty payments of up to €4,000 per employee. The District Court of The Hague (ECLI:NL:RBDHA:2024:BC7890), competent for Rijswijk, recently suspended a collective labour agreement clause due to insufficient protection of employees at local metal companies. Employers in Rijswijk must submit an annual report to industry organisations such as Bouwend Nederland Regio Haaglanden. For SMEs in Rijswijk industrial parks, this offers flexibility, but requires legal advice from specialists in The Hague. Employees in non-collective labour agreement sectors, such as Rijswijk retail, have no exclusion; strict inclusion applies here. In cases of mergers or acquisitions in the region, the collective labour agreement status must be checked. From 2024, a reporting obligation applies for changes via the Wage Platform, with local examples from the care sector in RijswijkBuiten. Practice: a collective labour agreement exclusion at a Rijswijk care institution led to strikes by FNV trade unions. Advice: have collective labour agreement texts reviewed by labour law attorneys in Rijswijk or The Hague and communicate transparently with staff. This prevents lawsuits at the District Court of The Hague and reputational damage in the municipality. Future: EU minimum wage directive may impose stricter requirements on Rijswijk exceptions. (218 words)