The Netherlands

On behalf of the team

On 5 July 2021, the Gelderland District Court ruled on FNV’s claim against Wibra Supermarkten B.V.[1] (hereinafter: Wibra). Wibra had its employees make up for the fewer hours worked than stipulated in the CLA as a result of government measures in connection with the coronavirus pandemic. FNV considered the CLA provision applicable to these employees to be contrary to the law and sought an injunction against Wibra. Although Wibra had paid its staff members in full (in accordance with Article 7:628(1) of the Dutch Civil Code) without all hours being worked, it still placed the risk of being unable to work during the mandatory shop closure with the employees by recording the fewer hours worked, according to FNV.

The District Court ruled that the CLA was not contrary to the law because the employees were paid in full. FNV also argued that Wibra applied the CLA provision in a situation for which it is not intended and that Wibra had not acted in accordance with good employment practice. These arguments failed, too. FNV’s claim was denied; Wibra may demand that employees make up for the fewer hours worked caused by government measures. After the decision, Wibra voluntarily waived part of those hours.

[1] Gelderland District Court 5 July 2021, ECLI:NL:RBGEL:2021:3414