Sandd
François Defaix and Gerdien van der Voet of AKD’s Employment Law practice group assisted this newcomer on the liberalised Dutch postal services market in negotiations with the trade unions about a collective bargaining agreement for post distributors.
One crucial factor was the trade unions' demand that contracts
for professional services must be scrapped, and that all postal
distributors must be employed on the basis of an employment
contract. This was in order to prevent the 'social dumping' feared
by the unions.
Sandd had to contend with market monopolist TNT and the Dutch
government. The government set extremely stringent requirements for
the level of this collective labour agreement, and even introduced
a new phenomenon under employment law to this end, known as a
'novum'. This novum consisted of an order in council providing for
minimum employment conditions and compelling Sandd to take on staff
exclusively on the basis of employment contracts, on penalty of
extremely stiff fines.