The negotiations for a new CLA hospitality have now begun. This is often an exciting period and the outcome can sometimes be difficult to predict. But how is a CLA actually established, what happens during the negotiations and what about the possible result?
Step 1: Preparation
CLA negotiations, or collective labour agreement negotiations, are discussions between employers and employees (or their representatives) to agree on employment conditions.
Employees and employers prepare for the negotiations. They consider what they want to achieve and what arguments they have. Trade unions consult members and non-members in the sector beforehand. This can be done in various ways. FNV hospitality has done this through a survey. In the survey, we asked what you find important, what needs to be improved, and how you view certain employment conditions. We discuss the outcome with our CLA committee hospitality. This committee consists of members of FNV hospitality, who are your colleagues. They are familiar with what is happening on the work floor. Ultimately, they determine the strategy for the negotiations. We draft a proposal letter from this and send it to the employers.
Employers also gather the wishes for a new CLA from their supporters and write a proposal letter to the trade unions.
Step 2: Negotiations
Both parties come together at the negotiation table. From FNV hospitality, in addition to the negotiators, a member of the CLA committee always accompanies, who acts as an observer. It is agreed in advance how many negotiations will (at least) take place. Here we explain our positions and strategy. We also exchange ideas and try to find where we can reach a possible agreement with the employers.
Together with the CLA committee, we determine the mandate, which is the space within which we can negotiate on your behalf. This is necessary because a negotiation is a matter of give and take.
It may also happen that the CLA committee indicates that something is so important that it cannot be deviated from. In that case, we hold on to this demand.
During the negotiation process, there is a lot of contact with the CLA committee. We discuss the employers' positions and how we can respond to them. Where possible, we provide interim updates to keep all employees in the sector informed.
Agreement or not?
There are various terms for an outcome in the negotiations:
Negotiation result
Sometimes it is not possible to make agreements on all points, but the outcome is satisfactory in itself. This is called a negotiation result. The CLA committee decides whether the negotiation result can be presented to the supporters. The final word is then yours, the members.
Principle agreement
This is an agreement that, in the eyes of the CLA committees, falls within the previously established mandate. A principle agreement is always presented to the supporters with a positive recommendation and defended by the negotiators.
Final offer
Sometimes we do not reach an agreement. The differences between the positions of employers and trade unions are then too great. The CLA committee can then decide to make a final offer. With this, you are essentially saying: this is it, and we cannot make more or less of it. Employers can also make a final offer. This offer is presented to you, the supporters, and you can accept or reject it.
Agreement?
All three of the above outcomes are presented to members and non-members, where the vote of the members is decisive and that of non-members is only indicative. If both parties agree, a CLA (collective labour agreement) is drawn up. This is a document that contains all agreements about employment conditions. Once an agreement is reached, the CLA is registered with the Ministry of Social Affairs and Employment (SZW) and in most cases, the CLA parties will also submit a request for a generally binding declaration to the Ministry of SZW. If a CLA is declared generally binding, it means that the CLA then applies to almost all employers and employees in a sector, even if they are not members of an employers' organisation or trade union.
Stop negotiating
Failing to reach an agreement can also lead to the parties deciding to completely end the negotiations. We can part ways, with or without a set new negotiation date in the near future.
In the event of no agreement, trade unions may also choose to step out of the negotiations and call on their members to take action and/or strike.
Stay informed!
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