Dutch Legislation

Collective Agreements (Declaration of Universally Binding Status) Act (AVV)

in force

Extension of collective agreements industry-wide

Employment law · Wet op het algemeen verbindend en het onverbindend verklaren van bepalingen van collectieve arbeidsovereenkomsten · BWBR0001987 · Articles: 23

1 Article 1

For the purposes of this Act, the following definitions apply:

2 Article 2

Our Minister may declare provisions of a collective labour agreement, which apply throughout the country or in a part thereof to a majority—in his…

2a Article 2a

The service provider as referred to in Article 1, paragraph 1, of the Posted Workers in the European Union (Working Conditions) Act, shall guarantee…

2b Article 2b

Upon the transfer of an undertaking, as referred to in Article 662 of Book 7 of the Civil Code, the rights and obligations which, at that time, arise…

3 Article 3

Any stipulation between the employer and the employee that is contrary to provisions declared to be binding is void; the provisions declared to be…

4 Article 4

The declaration of binding effect may only be effected upon the petition of one or more employers or one or more associations of employers or…

4a Article 4a

The extension of the declaration of general binding force, as referred to in Article 2, paragraph 2, first sentence, may only be effected upon the…

5 Article 5

The decision, by which the declaration of binding effect is pronounced, shall state:

6 Article 6

Our Minister is authorised to revoke the declaration of binding effect at any time.

7 Article 7

The provisions of Articles 2 up to and including 6 shall apply mutatis mutandis if the declaration of general binding force concerns amendments to…

7a Article 7a

If a petition has been submitted to Our Minister to grant an exemption from the provisions of a collective labour agreement that have been declared…

8 Article 8

Our Minister may declare provisions of a collective labour agreement to be non-binding, if the public interest so requires.

9 Article 9

Upon a declaration of invalidity of a provision of a collective labour agreement, this provision shall be deemed no longer to form part of the…

10 Article 10

If one or more associations of employers or of employees, at whose request a declaration of general binding force has been issued, consider the…

10a Article 10a

Our Minister may, upon the petition of one or more associations of employers or employees, provide the data designated by order in council, obtained…

10b Article 10b

If Our Minister has determined that the Labour Foundation (Stichting van de Arbeid) has ceased to exist or to perform the task incumbent upon it by…

10c Article 10c

Our Minister may grant a mandate to a civil servant falling under his authority to exercise the powers referred to in Articles 2, paragraph 1, and 6…

14 Article 14

Matters that are still necessary for the preparation of the entry into force of this Act and for its implementation shall be regulated by Order in…

15 Article 15

This Act may be cited by the title: "Act on the declaration of general binding force and the declaration of non-binding force of provisions of…

16 Article 16

This Act shall enter into force at a time to be determined by Us.