As an employer, it can be attractive to temporarily hire additional staff through a temp agency. It offers flexibility and relieves you of administrative tasks, since the temp worker is officially employed by the temp agency. But what are the rights of temp workers, and what responsibilities do you have as a hirer? In this article, we explain what rights temp workers have and what you as a hirer need to take into account.

Rights and obligations according to the collective agreement for temp workers

Temp workers fall under the collective agreement for temp workers, which lays down their rights and obligations. As a client, you hire the temp worker through a temp agency for a certain period, which means that you as a “hirer” have certain responsibilities. In many cases, temp workers have the same rights as permanent employees, especially with regard to employment conditions and remuneration.

Employment conditions for temp workers

An important aspect of the rights of temp workers is that they have to work under the same employment conditions as permanent employees who perform the same function. This means that you as a hirer are responsible for providing the correct information about your organisation’s employment conditions before the temp worker starts working. This helps to ensure equal treatment between permanent employees and temp workers.

The hirer’s reward

One of the most important parts of the employment conditions is the remuneration of the temp worker. The so-called “hirer’s reward” ensures that a temp worker is entitled to the same salary as a permanent employee in a similar function. This is laid down by law and involves more than just the wage. The hirer’s reward consists of:

• The gross wage according to the scale in which the temp worker is classified;
• ATV and ADV days;
• Compensation for overtime, irregular hours and shift work;
• Periodic and annual wage increases;
• Expense allowances.

The purpose of the hirer’s reward is to prevent inequality between temp workers and permanent personnel and to guarantee fair employment conditions.

Liability for damage

Another important point is liability. As a hirer, you are responsible for the safety of the temp worker, just like you are for your permanent employees. This means that you can be held liable if damage is caused by a temp worker. You cannot recover this damage from the temp agency, so it is important to be prepared for this and to have good insurance.

Occupational Health and Safety Act and temp workers

The Occupational Health and Safety Act also applies to temp workers. This means that as a hirer, you have to ensure a healthy and safe working environment for all employees, including temp workers. This includes providing the correct safety instructions and personal protective equipment. Before the temp worker starts working, you have to inform him or her about the risks of the job and how they can be reduced.

Successive employment

Are you satisfied with the temp worker and would you like to hire him or her as a permanent employee? Then you have to take into account the concept of successive employment. This means that the period in which the employee has worked for you via the temp agency counts towards the so-called chain regulation. The chain regulation stipulates that an employer is allowed to offer an employee a maximum of three temporary contracts for a two-year period. The period in which the temp worker has worked for you through the temp agency is included in this. This could mean that you have to offer a permanent contract sooner than you might have expected.

Conclusion

Temp workers have the same rights as permanent employees, especially in terms of employment conditions and remuneration. As a hirer, you bear a major responsibility for the safety, health and well-being of the temp worker. In addition, previous contracts of the temp worker can count towards offering a permanent contract. Make sure you are aware of these rules and obligations to avoid problems.

Do you have questions about the rights and obligations of temp workers or would you like to know more about the legal aspects of working with temp workers? Please feel free to contact our labour law attorneys for expert advice.