PhD defence: How trade unions handle deviations from semi mandatory law – a case study

On April 16, Marize Verhagen will defend her dissertation entitled “Labour unions and negotiations on semi-mandatory law in Collective Labor Agreements – a case study“. This research used a case study of the FNV and interviews with union executives to examine how unions deal with deviations from semi-mandatory law and how and to what extent they involve members and non-members in the creation of these deviations. 

Collective Labor Agreements (CLAs) provide stability and uniform employment conditions for large groups of employees. One important aspect is the possibility of deviating from legal standards to the disadvantage of employees through CLAs, known as semi mandatory law. This allows for flexibility and customization within sectors and companies, for example, regarding contract duration, notice periods, or probation periods. However, CLA agreements do not only apply to union members but also to non-members. This raises the question of how trade unions safeguard the interests of all employees—both members and non-members—when such deviations occur.

This study examines, through a case study of the Dutch Trade Union Confederation (FNV) and interviews with union representatives, how trade unions handle deviations from semi-mandatory law and to what extent they involve both members and non-members in the decision-making process regarding these deviations.

An analysis of CLAs and interviews with union representatives show that unions often agree to such deviations. Members have a say in these agreements, as they are consulted and can vote on the final outcome, while non-members have little influence on these decisions. Moreover, attention to  semi-mandatory law in CLA negotiations is limited; existing deviations are rarely discussed within unions or raised by members. Additionally, these deviations often remain unchanged in CLAs for many years.

This situation creates tensions between collective and individual citizenship: while trade unions represent collective interests, individual employees lack decision-making power.

The recommendations include stricter legal conditions for deviations, more transparent CLA processes, and better involvement of non-members. These measures would help balance sectoral flexibility with the protection of employee rights.