The NBBU CLA
The NBBU is an organisation that, like the ABU, is an association for temporary employment organisations. The NBBU CLA applies to organisations affiliated with the NBBU (Netherlands Association of Intermediary and Temporary Employment Agencies). NBBU Collective Labor Agreement for Temporary Employees is a simple and flexible collective labor agreement. In concluding this CLA, NBBU took into account the desire of SMEs to avoid complicated rules and reduce administrative burdens. The NBBU and ABU are harmonised as of 30 December 2019. AAme Flex Solutions is a member of the NBBU.
What does the NBBU CLA contain?
The Collective Labor Agreement (CLA) contains all rights and agreements for employees, in this case temporary employees. The CLA contains agreements on the types of temporary employment contracts, job classification, pay, allowances, overtime pay, working hours, probation period, notice period, dismissal, vacation or pension. Issues such as training, safety and health and supervision of enforcement and compliance can also be regulated in a CLA. The phase system is also explicitly described in the CLA.
The phase system is known from the ABU collective labor agreement, but the NBBU also has a phase system. However, the NBBU’s phase system differs from the ABU collective labor agreement.
The phase system
Both at the ABU and at the NBBU, an employee will go through a phase system during his or her employment at the temporary employment agency. Within the ABU CLA we have 3 phases (phase A, B & C), within the NBBU CLA we have 4 phases. As of 1 July 2016, the phase system has been changed in favor of the employee. The phases look like this from this date:
- Phase 1: The temporary worker works during the first 26 weeks in phase 1, which is comparable to phase A of the ABU collective labor agreement. In phase 1 it does not matter how many hours you work per week, if this is only at least 1 hour per week. The temporary employment clause also applies in phase 1, which means that only the actual hours worked are paid to the employee.
- Phase 2: If you have fulfilled the requirement of 26 weeks of phase 1 as a temporary worker, you will move on to phase 2. In phase 2, a temporary worker works for 52 weeks. As in phase 1, the temporary employment clause applies in phase 2.
- Phase 3: When the temporary worker has completed the duration of phase 2, he or she continues to phase 3. This phase is comparable to phase B of the ABU system and has the same duration. Phase 3 also has a duration of up to 4 years or 6 specific time contracts. In phase 3 we work with a contract for a definite period. The start date and end date are determined in advance in the contract. Within the phase 3 contracts, the temporary employment clause is no longer applicable and the temporary agency worker has a right to continued payment on public holidays or leave of work for the number of hours per week laid down in the contract. If the temporary employee has completed the 6 contracts in a shorter time than 4 years, phase 3 has also come to an end.
- Phase 4: Finally, the NBBU collective labor agreement has phase 4 that can be compared with stage C of the ABU collective labor agreement. In phase 4, a contract of indefinite duration is entered into between the temporary employment agency and the temporary agency worker. As in phase 3, no temporary employment clause applies in phase 4 and the temporary agency worker is entitled to continued payment of the number of hours per week laid down in the contract.
The interruption system
Just like the ABU CLA, the NBBU collective labor agreement has a regulation for interruptions. Like the phase system, the interruption system differs between the two collective labor agreements. Within Phases 1, 2 and 3 a period of 26 weeks applies. If the temporary agency worker resumes work at the same temporary employment agency within 26 weeks after the phases have ended, he or she will continue the phase system. If the interruption lasts longer than 26 weeks, the temporary worker goes back to the start of phase 1, this applies to phases 1, 2 and 3.
More information and application of the CLA
Do you have any questions about the CLA? Or are you interested in our payroll solution under the NBBU-CLA? Do not hesitate to contact us!