Article 38 of the CA Cleaning and Window Cleaning Sector training

This on-site training not only deals with all legal issues relating to article 38 of the CA Cleaning and Window Cleaning Sector. Tips and tricks are also offered in this training to ensure that re-tendering is performed as smoothly as possible (in legal terms).

In practice, complicated legal discussions on contract transfer situations based on article 38 of the collective agreement between the unsuccessful and successful cleaning company arise on a regular basis. This also includes problems and discussions with the re-tendering client and/or the relevant employees. Complex discussions with associated costs that may even result in wage claims and damage claims that are fought out through the RAS disputes committee or the District Court. A survey conducted among cleaning companies shows that almost 62% of respondents have incurred legal costs under article 38 of the collective agreement, either regularly or sometimes. You want to avoid that.

We have, therefore, developed this on-site training so that we can inform cleaning companies, HR managers and managers regarding this. Prevention is better than litigation.

As labour law experts specialising in the cleaning sector, Hella Vercammen, LLM and Wesley Sallé, LLB are often confronted with situations in which article 38 of the CA is a factor. Thus, they are well-informed in this matter, allowing them to train participants, on-site at their company, to use the right steps to smoothly achieve a contract transfer (according to recent CA, legislation and case law). Hella and Wesley use examples of problems they resolve for their clients in their daily practice. Situations are discussed from both the position of a successful and an unsuccessful company. Consider for example:

  • The obligation to take over (sick or inadequately performing) personnel while the client no longer wants these employees at the object. 
  • As a cleaning company, wanting to reallocate the employees in advance after the contract transfer.
  • Discussion on the existence or extent of the obligation to take over, with the other cleaning company or the client.
  • Discussion on whether the other cleaning company has fulfilled its (information) obligations arising from article 38 of the CA and the consequences thereof.
  • Having to take over more man-hours for an assignment than the amount the client has awarded the new cleaning company. 

The on-site training lasts a total of 3 hours, including two 15-minute breaks.

 


Request a quote here. Please state under explanation: the training, where your company is located and how many people will participate in the training.