How do you assess my employment situation?

Questioner

I started as a teacher 6 years ago, as a lateral entrant from the business community. I ended up in a LB scale, the salary scale for teaching staff. After almost 2 years, I was offered a permanent position as a teacher. I was also offered the opportunity to follow a PDC training course. This officially makes you a qualified teacher. After some deliberation with myself, I decided not to follow this training course, which takes 1.5 years and involves a 20-hour workload per week. Given my age (I was already 60 at the time), I thought it was too much of an investment. Nevertheless, the school said that I functioned well as a teacher and that they would like to hire me on a permanent basis. However, I was told that I would then be placed in scale 8, a scale for support (non-teaching) staff and a salary that was approximately 20% lower than my salary in the LB scale. I accepted this, it was already late in the year for a job change and I wanted to stay. So I was put in a different scale and in my employment contract I was suddenly called senior instructor. My function did not change in reality, I remained a teacher (without supporting tasks), work completely independently as a teacher, equal to fellow teachers, but only for a much lower salary. What the school does is give an employee a different job profile than they actually have based on their daily work, which allows the school to give a lower salary. The legitimation is: 'you did not complete that course.' This deviates from the collective labor agreement in which functions are linked to scales and is seriously to my disadvantage. My question: is what the school does legitimate and what do you advise me?

Lawyer

What an annoying situation. Even though you agreed to the change (the new contract) at the time, that does not mean that you could not do anything about the situation. Sometimes a different salary can be justified, for example if that training is mandatory, or if you could teach better or more on that basis. But you clearly indicate that you have continued to do the same work. A request may possibly be made on the basis of the principle of equality. Which collective labor agreement applies to your work? In employment law, the terms 'good employment' and 'good employer' exist. On the basis of 'good employer', an employer may sometimes be required to comply with an employee's request to amend the employment contract. Much depends on the precise circumstances of the case and, for example, the content of the collective labor agreement and your contract. You can contact me without obligation to discuss the matter.

Questioner

Dear Mr. Uygul-van Dam, This concerns the collective labor agreement for secondary vocational education (CBA). Doesn't the law state that the collective labor agreement takes precedence over an individual employment contract if the employment conditions in that individual agreement are less than those prescribed in the collective labor agreement? In my employment contract, the employment conditions are less than in the MBO collective labor agreement. I am now being rewarded for a job profile (instructor = support staff) that I have never had or fulfilled. That is, in my opinion, the essence. The job profile in the employment contract (and therefore the scale) is not in accordance with the actual job profile (LB teacher) that I have been performing for 6 years. The first 2 years of my (then temporary) contract, I did have a job profile LB teacher. In my work, nothing has actually changed since then. The job profile and the reward have. Is there a justification or legal basis for this?

Lawyer

This may be due to the requirements of teaching. Based on Article 4.2.1 of the Education and Vocational Training Act, a teacher must, among other things, be in possession of a certificate. The CAO has possibilities in art. 2.3a for teachers who do not yet meet all the requirements. There is a maximum time attached to this. If you do not meet these requirements, you may not be appointed (remain) as a teacher (see also the link below). https://www.rijksoverheid.nl/onderwerpen/werken-in-het-onderwijs/baarheidseisen-leraren However, this is separate from the question of whether you have been placed in the correct scale or whether there may be grounds for an exception given your situation. You could request this from the employer. You may also be able to submit this dispute to an internal or external committee on the basis of Article 12.3 of the CLA. This is just a global assessment. If you want me to assess the case further (based on contracts etc.) you can contact me without obligation.

Questioner

Thanks for your response. It has broadened my perspective. I have made an appointment with the school board to discuss this. Kind regards, Gert Jan Oosterwijk

Lawyer

You're welcome. Good luck with this issue and if you have any questions or run into any problems later, please feel free to contact me. My contact details can be found on my profile and via www.uygulvandam.nl/ Yours sincerely, Dennis Uygul - Van Dam