News item | 22-09-2025 | 11:23
Employers’ Association E-Commerce Nederland (Ven) receives dispensation from the CAO food company. The Ministry of Social Affairs and Employment announces this today. The CLA Food Company applies to independent retailers, franchisees and online supermarkets.
The reason for awarding the dispensation is that the company characteristics of, among others, online supermarket Picnic differ on essential points from these other companies. That is why the online supermarkets can apply their own collective labor agreement e-commerce. The activities of Picnic are not compared to those of the chain stores – such as Albert Heijn and Jumbo. After all, they fall under a different collective agreement, the CAO Supermarket VGL.
Dispensation
A collective employment contract (CAO) is concluded by employers and trade unions. If certain conditions are met, a collective agreement is generally declared binding by the Ministry of Social Affairs and Employment. All companies in that sector must then adhere to that. This ensures a level playing field and a brake on competition on employment conditions between companies. Companies that fall under the collective labor agreement can request dispensation. Certain criteria are included in the General Binding Stedings Act (AVV) and the corresponding assessment framework. There must then be an own collective agreement that has been concluded with an independent trade union and the company -specific characteristics must differ on essential points from the other companies that fall under the collective labor agreement.
Company -specific characteristics
The decision states that there are compelling arguments to grant dispensation. The specific business characteristics of the online supermarkets differ on essential points of those of franchisees and independent retailers. The online supermarkets are exclusively involved in online sales and deliver to people’s homes without exception. The distribution structure that they use for this is completely decorated. And is therefore different from the way in which the franchisees and independent retailers feed their business and possibly deliver groceries. That is why the online supermarkets can apply their own collective agreement.
Response Minister
Minister of Social Affairs and Employment Mariëlle Paul: “Our collective labor agreement system counteracts unfair competition between companies and at the same time also offers room for entrepreneurship and innovative companies. This request for dispensation has been independently tested against the criteria in the law. This shows: the business model of online supermarkets is really different from that of independent retailers or Franchisees. At the same time, I want to rely on all parties involved. The world is changing and ordering and delivery is becoming increasingly normal. It would be good if they went to the table again and come to a solution in which all parties can agree. “