Question juridique clé
Whether the employment contract had to be interpreted as incorporating the CCT21 minimum wage from 1 January 2007.
Solution extraite
Yes. The contractual reference to the CCT21 meant the parties objectively intended to apply the higher minimum wage scale, and the employee had not tacitly accepted a lower wage.
Motifs extraits
The real common intention could not be established, so the court applied objective interpretation. The wording of the general conditions referred expressly to the CCT21, covered all employees, and the employer made no amendment in 2007. Post-contract conduct could not alter the objective interpretation, and mere silence during employment did not amount to acceptance or waiver.