Collective Bargaining Agreement for Private Security
Since the Collective Bargaining Agreement for the Private Security Sector, effective from October 1, 2014, through June 30, 2015, Article 95B has been a permanent feature of the agreement. The requirement stipulated that the contract must cover a minimum of 20,000 hours on an annual basis. As of April 1, 2017, the number of hours was adjusted to 15,000. In 2021, the Collective Bargaining Agreement for Private Security was revised. The goal was to make it easier to read. While the content of Article 95B was not changed, the rules have since been moved to Article 20. This text will continue to refer to Article 95B.
Why is this article important for security guards?
WHAT ARE THE TERMS AND CONDITIONS?
Article 95B applies in the event of a contract transfer involving more than 15,000 hours (on a contractual basis per year for the transferring party). In this case, the contract transfer change sheet (Appendix 10) must be used.
The security industry operates within the context of privatization and outsourcing. As a result, contract changes are a common occurrence in the sector. A contract change is defined as a situation in which a client, following a new tender and/or re-award, enters into a new agreement with a different private security organization or company. The company that acquires the new contract (hereinafter referred to as the acquiring party) and the company that loses the contract (hereinafter referred to as the transferring party) are then faced with the question of how they should deal with the employees of the transferring party. Without further agreements on this matter, undesirable developments in employment may occur. This article sets forth further agreements intended to prevent such undesirable developments as much as possible.
The general rule regarding a change in contractor is that the acquiring party must hire the affected employees who are working under the old contract for the transferring party by offering them an employment contract. In this case, the employees concerned are those who have been working continuously at the site for at least 1 year (the reference date is the date of the effective transfer of the contract) and who work at least 50% plus 1 hour of their total working hours on the contract, with the exception of employees who have been on sick leave for more than 26 weeks. The employment contract to be offered must, with regard to the terms and conditions of employment, correspond to the conditions that applied at the transferring party. These terms and conditions of employment include, but are not limited to, the applicable salary for the employee, seniority, working hours, and the entitlements an employee has acquired with the transferring party that differ from, or exceed, the entitlements arising from the collective bargaining agreement.
Employees’ position-based and/or job-based allowances will be phased out to zero if the basis on which the allowance is based ceases to apply. The pace and extent of the phase-out of these allowances are set forth in accordance with the provisions of Article 51. Employees will retain their other personal allowances.
The transferring party is required to ask the affected employees in a timely manner and in writing whether they wish to transfer their accrued but unused vacation days, as well as their accrued but unpaid vacation pay, to the acquiring party.
The transferring party shall then promptly and as soon as possible notify the acquiring party in writing which employees wish to exercise their right to carry over vacation days and vacation pay, and what the amount of the entitlements to be transferred is.
The transferring and receiving parties must respect the wishes of the affected employees regarding whether or not to transfer their vacation days and vacation pay entitlements, and must implement these wishes without reservation.
The transfer protocol set forth in Appendix 9 of the collective bargaining agreement applies to the transfer of vacation days and vacation pay when changing contracts.
The acquiring party also assumes any study agreement as referred to in Article 62 of the collective bargaining agreement.
At the time of the re-tender and/or re-award, the contracting party shall, upon request by bidding parties, provide access to the total payroll for its employees. The wage bill includes all monetary and time-based obligations toward the employees. The transferring party remains liable for the completeness of the information provided for up to one year after the request and is liable for the consequences of any subsequently discovered incomplete and/or incorrect information.
If the employee and the transferring party agree that the employee will remain employed by the transferring party, they shall settle this by mutual agreement, and the general rule shall be superseded by a joint notification from the transferring party and the employee to the acquiring party.
In the event of a contract change in which security duties exceed 15,000 hours, the terminating party shall notify the labor unions.
Arrangements that appear to be designed to circumvent this provision are also covered by this section. This includes, but is not limited to, dividing the contract into multiple sub-contracts or phasing the work over time.
Disputes regarding the application of this article shall be submitted to the board of the Private Security Social Fund.
CAN AN EMPLOYEE STAY WITH HIS OR HER EMPLOYER?
The employee may remain with their employer. In that case, it is important that the employee has reached an agreement with their employer.
COMPLETE COLLECTIVE BARGAINING AGREEMENT FOR THE PRIVATE SECURITY SECTOR
The full Collective Bargaining Agreement for the Private Security Sectorcan bedownloadedhere
Good employment practices
SERIS has been active in the Netherlands for many years and, in recent years, has also launched numerous projects involving more than 15,000 hours annually. As a result, we have become true experts in ensuring that these types of transitions proceed smoothly. Furthermore, SERIS places great importance on clear communication from the very beginning. The security guards involved are informed immediately and in full. Where possible, this is done in a group setting, where, in addition to addressing individual employees, a company presentation is also given. Following this, the employees receive a personal interview. Without exception, an employment contract is then offered in accordance with Article 95B. Our experience is that this approach is appreciated by the security guards involved, the client, and also the outgoing supplier.
In addition to the obligations set forth in the Collective Bargaining Agreement for the Private Security Sector, SERIS goes a step further. We discuss employees’ career goals with them and explore the opportunities SERIS can offer to help them achieve those goals. We believe that personal development benefits the employee. In turn, employee development also benefits the client and SERIS.
Role of the client
Before it is finalized that SERIS will carry out the assignment, we draw up an action plan with the client. This action plan clearly and comprehensively documents the steps involved. We keep the client continuously informed throughout the transition. In addition, we strive to involve the client in group meetings. Our experience has shown that this is appreciated by the employees.
Silent startup
It is important that employees are affected as little as possible by the acquisition. In addition, it is important to both the client and SERIS that employees remain happy and content. After all, they are crucial to getting the project off to a good start. A satisfied employee is therefore very valuable.
In addition to staffing, SERIS also pays close attention to all other factors. Our goal is always to ensure a smooth transition. A transition in which continuity is guaranteed and the client only has to handle the essentials. And whenever possible, we strive to positively surprise our new clients during the transition phase with our service-oriented and proactive approach.
Result
We fully realize that launching new projects—which are often complex and/or involve many employees—is no easy task. Experience alone has taught us a great deal, and we can rightly call ourselves specialists in launching new projects. Our motto is: every launch is a custom solution!
Contact us?
Would you like to learn more about our services or how SERIS handles the Collective Labor Agreement for Private Security, particularly Article 95B? Please feel free to contact us at any time:
By phone: 088-7374700
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