Download the CLA catering.
A new CLA contract catering has been concluded with a duration from 1 April 2021 to 1 April 2022. Only a portion of employers in the industry have signed the CLA. The CLA is concluded between the unions FNV Catering, CNV Vakmensen and De Unie with employers Sodexo, Compass Group, ISS, KCS, Gate Gourmet and the employers' association VOCC. The CLA is currently not declared generally binding, which means it does not apply to all employees in the industry. What does this mean for you?
My employer has signed the CLA or is affiliated with the VOCC
- I am a member of a union that has signed the CLA
In this case, both your employer and you are bound by the CLA contract catering and your employer must apply the new CLA.
- I am not a member of a union that has signed the CLA
Because your employer is bound by the CLA, they have the legal obligation to apply the CLA to you. Note, you cannot legally enforce compliance with the CLA. If your employment contract states that the CLA contract catering applies (this is called an incorporation clause), then you can. The binding nature of the CLA then arises from a contractual agreement in the employment contract.
My employer has not signed the CLA and is also not affiliated with VOCC
In that case, your employer is not bound by the new CLA and in principle does not have to apply it. Note, if your employment contract states that the CLA contract catering applies (incorporation clause), then your employer is bound by the new CLA and will have to apply it. Carefully check your employment contract to see how this is formulated. If it explicitly states that only the previous CLA contract catering is applicable, your employer does not have to apply the new CLA. If you are unsure about your situation, send your contract to us so we can check it for you.
If you are offered an extension of your employment contract or are newly employed by your employer, you may be offered an employment contract with different terms than your existing colleagues. This can, under conditions, also be an offer based on the CLA hospitality or a combination of provisions from the CLA hospitality and CLA contract catering. We do recommend negotiating your employment terms well and not agreeing immediately. Once you have signed, you cannot easily reverse it.
We advise you to have the employment contract checked by us before you sign, so we can verify to what extent the offer is reasonable and legally permissible. Contact us for this.
If you have an indefinite employment contract and your employer always applied the CLA contract catering, your employer cannot unilaterally change your employment terms just like that. Not even if a unilateral amendment clause is included in your employment contract. The old CLA has continued effect, meaning most provisions remain in force. Employment terms do not change just like that. You must agree to any potential change. If you are presented with a new offer with different employment terms, you are not obliged to agree. If your employer insists on signing the contract or you notice they have changed employment terms without your consent, contact us.
CLA for all catering employees and employers?
The parties that have signed the new CLA contract catering want the CLA contract catering to be declared generally binding. If a CLA is declared generally binding, it applies to all employees in the industry, regardless of whether your employer has signed the new CLA or not. The aim of declaring it generally binding is to promote equal legal status for employees and prevent unequal competition based on employment terms. However, to have a CLA declared generally binding, it must apply to a significant majority (at least 55%) of the persons working in the sector. Since not all employers have signed the new CLA, it is currently being investigated whether this significant majority is achieved.
As soon as more information is available or new developments occur, we will inform you about it. Keep an eye on our website and social media for the most Updates status.