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.