CAO for the Construction Industry

WORKING IN CONSTRUCTION
»
More information
Reporting malpractices
Pension
Safety and health
Days off
Other payments
Wages
January 2014
Working hours and allowances
Dutch CAO regulations in short
CAO for the Construction Industry
Temporary
work, posting
and payrolling
Contents
CAO for the Construction Industry
Working hours and allowances
Wages
Other payments
Days off
Safety and health
Pension
Reporting malpractices
More information
Flow chart: What are the applicable CAO regulations?
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CAO for the Construction Industry
Temporary work, posting and payrolling
• Are you working at a construction or infrastructure company on the instructions of a
Dutch temporary employment agency? Then the CAO for the Construction Industry (the
Construction CAO) will apply to you.
It also applies to you if you work on the instructions of a posting agency or a payroll
agency.
You will read more about it in this publication.
• This publication is intended for you as an employee, as well as for:
- Dutch temporary employment agencies, posting agencies and payroll agencies that are
active in the construction industry;
- hiring construction and infrastructure companies.
• The regulations from the Construction CAO that are stated here apply in addition to the
ABU CAO or the NBBU CAO for Temporary Agency Workers. Use this flow chart to
check whether they apply to you.
• Construction companies may only hire temporary agency workers from NEN-certified
temporary employment agencies. See www.normeringarbeid.nl.
Important terms
Some of the terms that are frequently used in this publication are explained below.
• Temporary employment agency: the Dutch temporary employment agency, posting
agency or payroll agency that provides workers to construction companies.
• Temporary agency worker: the person who works at a construction company on the
instructions of a temporary employment agency.
• Hirer: the construction company that hires a temporary agency worker.
• Construction site positions and uta positions: some of the CAO regulations that apply to
temporary agency workers in construction site positions (bricklayer, road worker, etc.)
differ from those applying to temporary agency workers in uta positions (supervisor,
calculator, etc.), other regulations apply to both.
• Skilled workers and newcomers: Skilled workers are temporary agency workers with
experience or training in the construction industry. They have more rights than their
inexperienced and untrained colleagues (newcomers). The additional provisions for
skilled workers are highlighted in yellow in this publication.
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Working hours and allowances
Normal working hours and working days
• 8 hours a day, Monday to Friday, 40 hours per week.
• Additional rules for construction site employees: working hours are between 07:00 and
18:00 hours; working hours, breaks and travelling time together must not exceed 11.5 hours
a day.
Alternative regulation
• working 7, 8 or 9 hours a day, with an average working week of 40 hours (measured over 13
weeks).
• wage paid is based on an 8-hour day; no overtime is paid if 9 hours are worked.
EXTRA FOR SKILLED WORKERS
Four-day working week for skilled workers of 55 and over
• 4 days / 32 hours per week, for the whole year or part of the year.
• Skilled workers use their holidays, seniors' days, paid days off, public holidays and, if
necessary, unpaid leave to make up for the lost time.
Maintenance work on Saturdays
• An extra allowance of 50% or the equivalent in time off, at the choice of the temporary
agency worker.
• In addition, an unpaid day off on a weekday.
Overtime for construction site employees
• Working hours, breaks and travelling time together must not exceed 13 hours a day.
• Overtime is paid in money or time, at the choice of the temporary agency worker. The
following overtime allowances apply:
Overtime allowance for construction site employees
period
first 3 hours of overtime per day
other overtime hours between Monday
05:00 hours and Saturday 21:00 hours
between Saturday 09:00 hours and Monday
05:00 hours and on public holidays
allowance
25%
50%
100%
Overtime for uta employees
• The temporary employment agency determines the overtime allowance.
Shifted hours Infra for construction site employees
• The following table applies to shifted hours worked within the normal work week of 40
hours.
• Shifted hours worked over and above the normal working hours are counted as overtime.
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Shifted hours Infra allowance for construction site employees
shifted working hours
allowance
between Monday 20:00 hours and
Friday 07:00 hours
30%
between Friday 20:00 hours and
Saturday 20:00 hours
50%
between Saturday 20:00 hours and
Sunday 07:00 hours
75%
between Sunday 07:00 hours and Monday
07:00 hours and on public holidays
100%
Shifted hours Tidal work for construction site employees
• Within the normal work week of 40 hours, an allowance is paid of 25%.
Shift work for construction site employees
• For two-shift work, a 10% allowance is paid; for three-shift work, 15%.
• An adapted regulation applies to industrial construction work.
EXTRA FOR SKILLED WORKERS
Stand-by duty for construction site employees
• Skilled workers who are on call are entitled to an allowance. This may amount from
€ 129.16 to € 176.13 per week.
• When they are called up for work, they are also entitled to an overtime allowance.
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Wages
Wage and salary tables
• From their first working day in the construction industry, temporary agency workers will be
paid the same wages or salaries as permanent employees of the construction company.
• You will find the current wage and salary tables at www.NLconstruction.info.
Construction site employees
• Aged 22 or over: The wage amount depends on the job group. Hourly wages start at € 12.40
(job group A) and may run to € 15.65 (job group E).
• Aged 16 to 21, inclusive: Hourly wages depend on age and training level. Hourly wages
start at € 4.96 (16-year-old, no construction training) and may run to € 14.43 (21-year-old,
with construction training at level 3).
• An entry-level scale applies to temporary agency workers under 27 who have no experience
in construction.
Uta
• Aged 22 or over: The salary depends on the job level. For lower-level positions (level 1),
the monthly salary may vary from € 1,780.75 to € 2,343.13, depending on training,
experience, etc. For the highest-level uta positions (level 6), the monthly salary may amount
to € 4,730.11.
• Aged 16 to 21, inclusive: Salaries depend on age and job level. Monthly salaries may vary
from € 623.26 (16-year-old, job group 1) to € 2,972.29 (21-year-old, job group 4).
• Entry-level scales apply to those without any (recent) construction experience.
EXTRA FOR SKILLED WORKERS
Performance allowance for construction site employees
• Skilled workers are entitled to a performance allowance if such an allowance is customary in
the hirer's company or at the construction site where they work.
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Other allowances
Travel allowance for construction site employees
• For home-to-work travel (of more than 15 km per day) and work-related travel by car or
motorcycle, the allowance is € 0.19 per km. Different amounts apply to different means of
transport.
EXTRA FOR SKILLED WORKERS
Travel time allowance for construction site employees
• For home-to-work travel of skilled workers who work outside their place of residence.
• Car: no allowance for the initial 50 km a day (25 km out and 25 km back); after that the
allowance runs from 0.8 hourly wage (50-100 km a day) to the actual travel time (210 km or
more per day).
• An adapted regulation applies to other means of transport.
Travel allowance for uta employees
• For home-to-work travel by car or motorcycle, the allowance is € 0.19 per km. For public
transport, a 100% allowance applies.
Remote work locations for construction site employees
• If temporary agency workers cannot return home every day because of the remoteness of the
location:
o travelling expenses: weekly allowance for travelling from home to work and back;
o subsistence expenses: the temporary employment agency provides food and housing or
reimburses the costs; in addition the temporary agency worker is paid a daily allowance of
€ 6.65.
Remote work locations for uta employees
• If temporary agency workers cannot return home every day because of the remoteness of the
location:
o a reasonable allowance for the additional expenses incurred for travelling, food and
accommodation;
o a weekly allowance for travelling from home to work and back.
Personal protective equipment, work clothes and tools for construction site employees
• The hirer provides personal protective equipment and work clothes free of charge.
• If temporary agency workers have to provide for their own work clothes and/or tools, they
are entitled to an allowance.
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Days off
Holidays
• In addition to 24 days of paid annual leave in accordance with the CAOs for Temporary
Agency Workers, skilled workers are entitled to the following paid days off:
EXTRA FOR SKILLED WORKERS
Extra days holiday for skilled workers of 55 and over (seniors' days)
age
55 to 59 years incl.
60 years or over
number of days per year
construction site positions
uta positions
10
9
13
11
EXTRA FOR SKILLED WORKERS
Paid days off
• Construction site employees: 22 days a year, of which 10 are determined by the hirer.
• Uta: 17 days a year: 15 actual days off and 2 days as additional wages.
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Safety and health
CAO regulations
• Most of the CAO regulations on this subject also apply to temporary agency workers in
construction. Regulations have been included on, among other things:
o personal protective equipment (safety helmet, safety shoes, etc.);
o polluting work, asbestos, tar and high-solvent products;
o lifting;
o draught-free interior work outside the summer season;
o infrastructure work in the evenings and at night.
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Pension
Pension for temporary workers
• Temporary agency workers from the age of 21, who have worked for a temporary
employment agency for at least six months, participate in the StiPP pension scheme. This
applies, in any case, to temporary agency workers who are newcomers to the construction
industry.
EXTRA FOR SKILLED WORKERS
Pension for construction workers
• Skilled workers are obliged to participate in the bpfBOUW pension scheme, if they meet the
following conditions:
o they already participated in the bpfBOUW pension scheme before they started working
as a temporary worker or
o they have worked as a skilled worker in the construction industry for one year at least.
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Reporting malpractices
Have you noticed that a certain construction company or temporary employment agency does
not observe the CAO regulations? And does this lead to malpractices against the temporary
agency workers involved or to unfair competition with other companies?
Then please report it to Bureau naleving & werkingssfeer. This can be done via
www.NLconstruction.info (Contact).
More information
•
•
More information on the CAO regulations for temporary work, posting and payrolling in
the construction industry can be found at www.NLconstruction.info.
Information on the CAOs for Temporary Agency Workers can be found at www.abu.nl
and www.nbbu.nl.
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Temporary work, posting and payrolling in the construction industry
What are the applicable CAO regulations?
This depends on the characteristics of the termporary employment agency, posting agency or
payroll agency ('the temporary employment agency'):
Does it concern a Dutch
temporary employment
agency?
yes
Is the temporary
employment agency part
of a construction group? 1
no
Is the temporary
employment agency a
member of ABU or
NBBU?
yes
no
yes
no
What percentage of the
payroll is spent on
temporary workers
working with construction
companies?
50% or less
more than 50%
These temporary workers
are subject to:
the entire ABU or
NBBU CAO plus part of
the CAO for the
Construction Industry
the entire CAO for
the Construction
Industry (in which
case no CAO for
temporary workers
applies)
Conclusion
this publication is
intended for you
this publication is not
intended for you
__________________________________________________________________________
More info? www.NLconstruction.info
1
A group of companies that falls under the CAO for the Construction Industry.
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___________________________________________________________________________
Colophon
Published by
Parties to the CAO for the Construction Industry,
the ABU CAO for Temporary Agency Workers and the
NBBU CAO for Temporary Agency Workers
c/o www.tbbouw.nl
Edited by
Joyce van Dongen (Technisch Bureau Bouwnijverheid)
and Teun Baak (Tekst & Beleid bv)
Translation
Vertaalbureau "De Drechtsteden"
No rights can be derived from this publication.
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