In mid-June 2019, the text of the new CLA for the cleaning and window-cleaning industry was (finally) published. In this article we bring you up to date on the most important changes and give you some practical tips along the way!
- Temporary agency work and the statutory chain provision (article 9 of the CLA)
Under the previous Cleaning CLA it was stipulated that you could hire a temporary agency worker for a maximum of 12 months. After that, you could only grant one fixed-term contract of a maximum of 6 months via an employment contract. The other option was to offer a permanent employment contract directly after the temporary agency period. This did not, however, align with the statutory chain provision (max. 24 months and 3 fixed-term contracts). Under the new Cleaning CLA, this is now a thing of the past. You can now hire someone for a maximum of 12 months and, if you wish to continue with this temporary agency worker, you may agree a maximum of 2 more fixed-term employment contracts with him/her. The maximum duration of these contracts and the temporary agency period combined may then not exceed 24 months. In short, it is being made somewhat more attractive for you as an employer to work with temporary agency workers.
- Use of NOKs mandatory for job classification (article 13 paragraph 1 of the CLA)
Previously, when classifying jobs, you were obliged to do so on the basis of the applicable reference functions in the cleaning and window-cleaning industry. NOKs (Level Distinguishing Characteristics) were already available to you via the RAS website, but were merely an optional tool for distinguishing between the various functions. Under the new Cleaning CLA, the use of the NOKs in combination with the reference functions is now mandatory for job classification. Be alert to this. For the NOKs of the A-section, see this link.
3. Extra day off on birthday or 1 May (article 29 of the CLA)
From 1 January 2020, employees within your organisation will receive one extra day off per year, on 1 May or on their own birthday. The employee may decide which day he wants to take off. Note that the CLA explicitly states that the choice cannot be refused unless there are demonstrable business-economic circumstances that make taking the day off impossible. If that is the case, a substitute day off must also be agreed immediately. Business-economic circumstances is, incidentally, a broad concept. Conceivable examples include scheduling and being unable to arrange a replacement. This will particularly be the case in busy periods or where many colleagues are already on holiday. Of course, in case of doubt, you can always consult with us.
- You must reimburse Occupational Health Service travel costs (art. 34 paragraph 7 of the CLA)
New is the explicit obligation to reimburse the travel costs of your sick employees to the Occupational Health Service. If the employee relies on public transport, this concerns the full public transport costs. If the employee travels by car, the reimbursement is based on all kilometres and the maximum tax-free amount permitted for reimbursement. This can, especially with a high sickness absence percentage, become a considerable cost item. This obligation may therefore be a reason to look for an Occupational Health Service closer to you. An Occupational Health Service with multiple locations spread across your working area may also become more attractive as a result.
- Changes to article 38 of the CLA (contract handovers)
- From 1 July 2019, the employee retains the right to travel expenses if this right is linked to the site being taken over. This right is capped at the maximum tax-free amount permitted for reimbursement. The employee must be able to demonstrably show that they received the travel expenses for at least 1.5 years immediately preceding the date of the contract handover. If this is demonstrated, you, as the winning cleaning company, are obliged to take this over.
- The losing employer at the site must inform the client directly about the existing travel expense arrangements at the site in the event of a new tender. The losing employer must also inform the winning company about the existing travel expense arrangements at the site. If the losing employer fails to meet its information obligations, the buy-out arrangement of article 38 paragraph 6 of the CLA applies. If the winning cleaning company offers an equivalent arrangement, this provision does not apply, incidentally.
- From 1 January 2020, it also applies that agreements made in the context of the organisation of work at the relevant site (“site-bound costs”; such as an allowance for coffee, clothing and dry cleaning) form part of the offer made by the acquiring employer. Note: these agreements are linked to the site and, in the event of a possible transfer of the employee, are not regarded as part of the employment contract. The losing employer must demonstrably have reimbursed the costs for at least 6 months immediately preceding the date of the contract handover. If the losing employer fails to do so, the buy-out arrangement of article 38 paragraph 6 of the CLA applies. If the acquiring employer offers an equivalent arrangement, this provision again does not apply.
- Mature employment relationship: work consultation, annual review, vacancies and warnings
This chapter in the CLA, containing articles 40 and 41, is entirely new.
Under article 40 of the CLA, you are obliged to hold work consultations with an employee 4 times a year. This is regarded by the CLA parties as the norm. If the employee works at a key property, this can be combined with a visit from the site management, or it can be clustered with work consultation at another, larger site. However, in accordance with this article of the CLA, the work consultation must always take place within working hours.
Furthermore, this CLA article obliges you to hold an annual conversation in which workload is a point of attention. We recommend combining this with the performance and appraisal interview and keeping minutes of this conversation. This way you can demonstrate that you have complied with this obligation.
Article 41 of the CLA further obliges you to first open all vacancies internally, so that the employee who wants to work more hours can apply. Moreover, this article obliges you, when you intend to send an employee a warning letter, to offer the employee the opportunity for a conversation in the context of the right to be heard. Do make sure that, if you send a warning letter, you show that you have offered this opportunity. This way it cannot later be held against you.
For further questions and support regarding the above-mentioned changes, or other questions regarding the Cleaning CLA, please contact us via 020-3450152 or email your question directly to info@thelegalcompany.nl.
We also provide the Contract Handover in Cleaning training course on-site. This training covers contract handover under article 38 of the CLA. Among other things, all the legal do’s and don’ts are covered, and practical tips are given by legal experts in the field of article 38 of the CLA. Read more.
