If you’re working as a temp, you’ve likely heard of the temp agency clause. But what does it mean, especially when you fall ill? In this blog post, we discuss the rights of ill temp workers and what the temp agency clause involves.

What is the temp agency clause?

The temp agency clause is a provision in the contract of temp workers where the temp contract automatically ends if the client (the hirer) no longer has work. This means that the temp contract can stop without notice as soon as the employer says so. This setup offers flexibility for both the hirer and the temp agency but can cause uncertainty for the temp worker.

What happens when the temp worker falls ill?

Until recently, the temp agency clause meant that a temp worker could lose their job instantly when ill. As soon as the temp worker reported sick, the temp contract was automatically terminated. This caused a lot of uncertainty as there was no entitlement to salary continuation during illness.

From July 1, 2023, however, this has changed. The new collective agreement for temp workers contains a key change: the termination of the temp contract upon illness is no longer automatic. This means that a temp cannot be immediately dismissed because of illness. As a result, the rights of temp workers are becoming more aligned with those of permanent employees.

What does the law say about the temp agency clause and illness?

The law offers protection to temp workers through the prohibition of dismissal in case of sickness. This prohibition means that an employee can’t be dismissed during sickness. Previously, this prohibition was circumvented by the temp agency clause, which allowed the temp contract to end immediately once the temp worker fell sick. Thanks to recent changes in the collective agreement, this is no longer permissible.

Key points:

• The temp contract no longer ends automatically when sick.
• The hirer can still terminate the availability of the temp worker, but this needs to be explicitly requested.
• The temp agency is responsible for salary continuation during the temp worker’s period of sickness, depending on the agreements between the hirer and the temp agency.

When can a temp contract come to an end?

While the new rules strengthen the position of temp workers, there are still situations when a temp contract can end:

• End date reached: The temp contract can still come to an end if the agreed end date is reached.
• No longer available for work: If the temp can no longer or doesn’t want to perform the agreed work (except in case of illness), the contract can also end.

It’s important to know that during sickness, the temp contract can’t automatically come to an end unless the hirer explicitly asks to terminate the assignment. This request must be independent of the temp’s sickness.

Salary continuation during sickness

A temp, just like a permanent employee, is entitled to salary continuation during sickness. This is regulated by the collective agreement for temp workers and depends on the phase in which the temp works (Phase A, B, or C).

Important to know:

• In the first 52 weeks of illness, the temp agency must pay at least 90% of the latest earned salary.
• After 52 weeks, this is reduced to 80% of the salary.
• The temp agency bears this payment responsibility, but in some cases can pass on costs to the hirer, depending on the agreements in the temp contract.

Conclusion

The new rules about the temp agency clause during illness provide more certainty for temp workers. Where previously the temp contract could end immediately upon sickness, this is no longer the case. The temp agency is obliged to continue salary payments during the period of sickness, offering more protection for temp workers.

If you’re a temp and have questions about your rights when ill? Or are you a hirer and want to know more about your obligations? Feel free to contact Arslan Lawyers. Our team of expert labor law attorneys is ready to assist and advise on all legal aspects of temp work.