An employment contract is important for the working relationship between employer and employee. It sets out all the rights and obligations for both employee and employer. On this page, we delve deeper into what an employment contract in catering entails, the different types of employment contracts, employment conditions, the rights and obligations of employees during a contract change, and the termination of a contract.
What is an employment contract?
An employment contract is an agreement between an employer and an employee that outlines the terms and conditions of the job. It specifies the responsibilities and rights of both parties. An employment contract must comply with the applicable statutory employment conditions.
The employment contract must include at least the following:
- Your details and those of your new employer
- Type of employment contract: fixed-term or indefinite
- For fixed-term: start and end date and duration of the employment contract
- The number of hours per week
- The salary
- The position
- Any probationary period
- Whether a CLA applies
The probationary period
A probationary period is only valid if it is agreed upon in writing and is the same for both parties. If it is not stated in your contract, then no probationary period applies. When entering into the employment contract, the following probationary periods apply:
| Duration of employment contract | Duration of probationary period |
|
Up to and including 6 months |
None |
| More than 6 months up to 2 years | 1 month |
| From 2 years or longer | 2 months |
| Indefinite period | 2 months |
Job description
Are you curious about your job description? Or are you unsure of the exact role you are assigned to? In the Contract Catering Reference Functions Handbook, you will find all job descriptions as they occur within contract catering, along with the corresponding job scales. In the salary table in the CLA catering, you can find your salary. For employees in part B, the Hospitality Reference Functions Handbook applies.
Is a CLA applicable?
If your contract states that a CLA is applicable, your employer must adhere to the provisions of the CLA. If this does not happen, you can take action. In the CLA catering, employment conditions such as salary and allowances, working and rest times, holidays and holiday pay are arranged, but there are also arrangements for sickness and leave. If no CLA is applicable, then the employer must at least comply with the law.
Example employment contract
Do you want to know what an employment contract looks like? See a few examples below:
- Example employment contract catering
- Example employment contract regional employee
- Example employment contract trainee
- Example employment contract employees part B
- Addendum employment contract transition to part B
CLA catering: part A and part B
The CLA consists of two parts: part A and part B. We have made this arrangement to increase job security for employees. This makes it easier to switch between catering and hospitality work. Part A and part B remain in effect during the term of the CLA (1 April 2024 to 31 December 2025). However, there are some adjustments for employees in part A.
The employee in part A retains the freedom to switch to part B. This freedom of choice does not exist if you want to be deployed outside the domain of the CLA catering or if, as a result of a reduction in working hours by the employer at the location where you work, you are going to perform (new) tasks at another location of the employer to maintain your contract hours. In these cases, you switch to part B.
This does not apply to inflight.
Transition to part B
If you are currently under part A of the CLA, you retain the choice to switch to part B. If you make this transition:
- you are entitled to travel expense reimbursement of €0.23 per kilometre from 11 to 40 kilometres;
- you can make use of the annual hours system in which agreements are included in the context of a good work-life balance;
- you are entitled to compensation according to the mandatory calculation tool available on the website of the Contract Catering Foundations. Adjustments to the calculation tool can only be implemented after approval by CLA parties;
- you are entitled to payment of the jubilee allowance if you qualify for it;
- you have the option to choose to retain senior days or the generation pact scheme, if you qualify for senior days during the term of the CLA. You make this choice no later than 1 January 2025.
It is important that agreements have been made for employees in part A who decide to switch to part B that the value of the applicable employment conditions remains the same. These are converted into a fixed personal allowance at the time of transition via a special calculation tool. In addition, you can receive an adjustment to your employment contract (see an example employment contract above).
Different types of employment contracts
Your contract or employment agreement can be for a fixed term or an indefinite term. You determine this together with your employer through mutual agreement.
Fixed term
With a fixed-term employment contract, the duration of the contract is determined in advance. The period you agree on can be of any arbitrary length. The employment contract must include a start and end date. The employment relationship then automatically ends when the agreed period is over. You do not need to give notice.
From 1 January 2015, your employer is required to inform you in writing at least one month before your temporary contract ends whether your contract will be extended or not, and if so, under what conditions. This is called the notice obligation. The notice obligation applies to contracts that have been entered into for a period of six months or longer. If your employer fails to meet this obligation or does not do so in time, they owe you compensation. This compensation consists of wages in proportion to the number of days the employer is late in giving notice, with a maximum of one gross monthly salary.
When a permanent contract?
Your employer may give you a maximum of three consecutive fixed-term employment contracts. After that, you are entitled to an indefinite-term contract.
You are also entitled to a permanent employment relationship if you have had a fixed-term agreement for three years. There must be no interruption between these employment contracts that lasts longer than 6 months. If there is more than 6 months between the temporary contracts, the counting of the contracts starts anew.
If you fall under part B of the CLA and are a seasonal worker, the interval of the chain of contracts is shortened to 3 months.
Categories of workers in catering
In catering, there are roles that can be performed throughout the year, both full-time and part-time. Consider roles such as catering assistant, catering manager, or chef. You might also work as a regional employee, or you could be a student. In part B of the CLA catering, there are several other categories of workers to distinguish:
Zero-hours temporary worker
As a zero-hours temporary worker, you have a zero-hours contract, which means there is no fixed number of hours established. You are employed on a call basis, depending on the company's needs. The hours can vary per week.
Seasonal worker
Seasonal workers are employees who are temporarily employed during specific seasons, such as the summer or winter period. They are often recruited due to peak demand in catering.
Seasonal worker climate and nature
This is a specific category of seasonal workers who are only employed for a maximum of 9 months due to climatic or natural conditions. This means the position is not available for more than 9 months, for example, a catering location with only a terrace in season, outside the season there is no work available.
Skilled/unskilled worker
The distinction between skilled and unskilled workers refers to the level of skills and expertise of the employee. A skilled worker is an employee aged 18 or older who has specialised Insights and skills in a specific field within catering. The skilled worker has either completed training for this or has demonstrably gained sufficient experience in the role (this is considered to be more than 1,976 hours of experience in the same role). If you are classified in job group V or higher, you are always a skilled worker.
An employee is an unskilled worker if he/she has not gained the required experience (1,976 hours of experience). An unskilled worker usually has a broader range of tasks and performs less specialised duties. The employment contract specifies how many experience hours must be accumulated before the employee becomes a skilled worker.
The distinction between skilled and unskilled workers is important due to classification and whether or not holiday pay is received. As an unskilled worker, you receive at least the basic salary at job group 1 or a CLA—youth salary percentage of that which is linked to the applicable minimum (youth) salary for you. You are not entitled to holiday pay.
If you are a skilled worker but not yet 20 years old, you receive a percentage of the basic salary of the job group in which you are classified.
Your employment contract describes which category you fall under. A combination is also possible! Pay close attention to the agreements you make about this, as not all parts of the CLA (part B) apply to all categories of employees.
Temporary agency workers
It is possible to work in catering through an employment agency. Usually, you are employed as a temporary agency worker for tasks of a temporary nature. During this period, you are officially employed by the employment agency. The agency is responsible for paying your wages. In the CLA catering, you can read more about temporary work in catering.
Freelancer in catering
As a freelancer in catering, you are hired for tasks and have the opportunity to work at various events. This means that no employment contract is drawn up. As a freelancer, you are responsible for invoicing your worked hours.
Contract changes
Contracts in catering change regularly. In such cases, you move from one caterer to another. How does that work? And what should you pay attention to? The principle is simple. Everyone working at the location moves to the new caterer. This also applies to employees who are less than two years incapacitated during the contract change. All employment conditions should, in principle, remain the same after a contract change (or insourcing). This applies to salary, years of service, contracted hours, and pension entitlements. All rights and obligations are transferred to the new caterer. Unilateral reduction of employment conditions is no longer possible. These agreements are included in the CLA.
Check your employment contract
After all this information about the contract, it is important to thoroughly check your own contract before signing it. If you need help, we are happy to assist you!
What should you pay attention to when signing a new employment contract?
- It must be a written employment contract.
- Before signing, read all the terms carefully and have things adjusted if necessary.
- You sign one for yourself and one for the employer.
- You will, of course, receive a copy yourself. This makes it clear to both you and your new employer what agreements have been made.
Are you being offered an employment contract or a change? Always have it checked by De Horecabond here. Once you've signed a contract, it's not so easy to go back on it.