Articles 10 and 11 from the CLA contract catering often cause confusion and unrest. This concerns contract changes and amendments, which not everyone is eager to face.
It occasionally happens that a client changes caterers. What are the obligations of the old and new caterer then? And what does that mean for you, as an employee? The rule is that the new caterer must offer a contract to the employees involved from the old caterer. The terms of employment in your old and new contract are essentially the same. Consider, for example, your salary, the number of hours you work, and pension arrangements.
Termination and amendment
In two cases, your new employer may terminate or amend your contract. Firstly, your employer may do this if there are no longer any tasks for you after the contract change. Additionally, this can occur as a result of the agreement between the client and the new employer. To terminate a contract, the official channels must be followed, via the UWV WERKbedrijf or the subdistrict court, unless the contract can be terminated in another legally valid manner. For example, a temporary contract that expires by operation of law.
Legal sustainability
Employees have no influence on this, while a company takeover can have significant consequences for them. A takeover brings a lot of uncertainty and unrest. Clarity in advance ensures that employees remain satisfied and motivated. Although employers indicate that a flexible reduction scheme is necessary in economically tough times, employees remain the most important asset within a company; without employees, there is no company. During the CLA negotiations in 2013, it was agreed that article 11 would be abolished if this article is no longer legally sustainable.
Article 10&11; how does it work again?
27-08-2013