As a temporary agency worker, you have to deal with fixed-term contracts, agency clauses, and different clients. But what happens if you want to quit? And what are your rights if the temp agency wants to end your employment? In this comprehensive article, the employment law attorneys of Arslan Advocaten explain exactly how the notice period for agency workers works, what your rights are and which rules apply to the temp agency.
What is the notice period for an agency employment contract?
The notice period is the statutory period that employee and employer must observe when ending an employment contract. For agency workers, the notice period depends on:
- The phase in which you work (phase A, B or C under the ABU or NBBU collective agreement)
- Whether there is an agency clause in the contract
- Whether it concerns a fixed-term or permanent contract
Different rules for temporary agency workers
The notice periods of a temporary agency employment contract differ from those of a regular employment contract. This means that the precise rules for giving notice and ending your contract may differ from what you might know from a standard employment contract. It is therefore important to know which phase of agency work you are in, so you know what to expect and what rights and obligations you have.
Notice period and dismissal rights in phase A (ABU phases 1-2)
With agency clause
Do you have an agency clause in your phase A contract? Then the agreement can be terminated immediately at any time as soon as the work ends. You may also resign at any time, provided you inform the staffing agency at least one working day in advance.
Without agency clause
Do you not have an agency clause? Then stricter dismissal rules apply:
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The staffing agency may not simply dismiss you.
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There must be a valid reason.
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Dismissal is only allowed via UWV or cantonal judge.
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You are entitled to protection against dismissal as with a regular employment contract.
Right to wages when there is no work (without the agency clause)
Is there temporarily no work? Then in many cases you are still entitled to continued payment of your wages, unless different arrangements were made in writing at the start of the employment.
Notice period for agency workers in phases B and C
Do you work in phase B or C, then fixed notice periods apply:
| Length of service | Notice period |
|---|---|
| < 3 months | 7 calendar days |
| 3-6 months | 14 calendar days |
| > 6 months | 28 calendar days |
| Indefinite period | 1 month (unless otherwise agreed) |
For fixed-term contracts, the contract automatically ends on the agreed end date, unless an extension is agreed.
Notice period for contracts of 6 months or more
For a contract of 6 months or longer, the employment agency must indicate at least one month before the end date whether the contract will be extended. If the agency does not do this, you are entitled to notification compensation.
Dismissal and termination in phase C (NBBU phase 4)
Are you working in phase C with a permanent contract? Then the employment agency may dismiss you only:
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In the event of summary dismissal (serious reason)
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With permission from the UWV or the subdistrict court judge
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By mutual consent via a settlement agreement
Even when there is no work, the temp agency is obliged to continue paying your wages, unless you refuse suitable alternative work without a valid reason.
What if the temp agency does not comply with the notice period?
When the temp agency breaches the notice period, it is legally required to pay a penalty equal to the wages for the period not observed. This is laid down in the ABU and NBBU collective agreements.
Right to transition compensation as a temp worker
When your temp contract ends, you often have the right to transition compensation. The main conditions:
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The employment contract has lasted at least 24 months (in total).
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The termination is at the initiative of the temp agency.
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For shorter periods of employment, a proportional compensation applies (pro rata).
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The compensation amounts to 1/3 of a monthly salary per year of service.
The transition allowance must be paid within one month after the end of employment.
Notice period for the employment agency itself
For the employment agency different notice periods apply in many cases:
- Phase A (worked longer than 26 weeks): 10 calendar days’ notice period.
- Phases B and C: standard 1 month notice period, unless agreed otherwise.
Note: In phases B and C, the notice period of the employment agency depends on the type of temporary employment contract. Does the employment agency have a fixed-term contract with you? Then a notice period of 1 month applies to the employment agency. In addition, in these phases the employment agency must apply for a dismissal permit from the UWV. This means that they cannot simply terminate; there is a statutory procedure that must be followed.
These rules ensure that you as temporary agency worker in phases B and C you receive extra protection upon termination of your employment.
Implicit renewal when you continue working after the end date
Do you continue working after the end date without a new contract? Then an implicit renewal arises automatically. The agreement then continues under the same conditions.
Frequently asked questions (FAQ) about the notice period for temporary agency workers
How long is the notice period for temporary agency workers?
The notice period varies by phase, type of contract, and collective labor agreement. In phase A with an agency clause you can terminate almost immediately. In phases B and C fixed periods apply between 7 days and 1 month.
Am I entitled to pay if there is temporarily no work?
Yes, unless there is a valid agency clause or different arrangements have been made in writing. Without an agency clause there is generally a right to continued pay.
When am I, as a temporary agency worker, entitled to a transition payment?
When your contract ends at the initiative of the employment agency and you have worked for at least 24 months, you generally become entitled to a transition payment.
Step-by-step guide: Immediate advice on dismissal as an agency worker
Are you, as an agency worker facing an unexpected dismissal situation and want to know right away where you stand? Then follow these simple steps to get clear legal advice quickly and at no cost about your specific situation.
1. Gather relevant documents
Start by collecting important papers, such as your agency contract, any amendment letters, your latest payslip, and all correspondence with the employment agency. This helps you get quick and complete answers when you make contact.
2. Schedule a no-obligation initial consultation
Many employment law specialists offer a free, no-obligation first meeting. In such an intake, you discuss your situation, present your documents, and can immediately ask your most pressing questions. Look for an employment lawyer or a law firm specialized in this—major unions such as FNV or CNV also often provide initial help with dismissal.
3. Get immediate insight into your rights
During the first conversation you usually get immediate answers to questions such as:
- Am I entitled to a transition payment?
- Is the notice period given by the temp agency correct?
- Should I sign an agreement, or not?
- Can I object to the dismissal?
- Am I entitled to unemployment benefits?
4. Receive advice on next steps
Based on your situation, you receive personal advice on what you should do: negotiate terms, file an objection, or take immediate action with, for example, the UWV. Experts also point out your rights and potential pitfalls, putting you in a stronger position.
5. Choose the contact method that suits you
Would you prefer to discuss things directly by phone, request a call back, or receive advice by email? Most law firms or trade unions offer multiple contact options so you can get the right help at your own pace.
That way you can be sure you can take swift and well-informed action in the event of dismissal as temporary agency worker.
This is how legal advice on dismissal for temporary agency workers works
Are you, as a temporary agency worker about to be dismissed, or do you have questions about your rights? A legal process usually follows clear steps, so you know exactly what to expect.
1. No-obligation intake consultation
The process usually starts with an initial, free consultation with an employment lawyer. During this intake you discuss your situation, have the opportunity to ask questions, and relevant documents (such as your temporary employment contract, correspondence with the agency, or a settlement agreement) are reviewed.
2. Analysis and tailored advice
After the intake, all information is thoroughly analyzed. Based on your contract, your dealings with the staffing agency, and the rules from the ABU or NBBU collective labor agreement, you receive clear advice. This assesses, for example, whether the dismissal is lawful, whether your notice period is respected, and whether you are eligible for things like a transition allowance or an unemployment benefit.
3. Negotiation with the staffing agency
If necessary, negotiations can take place on your behalf with the staffing agency, for example about the amount of the severance payment or the settlement of your contract. The aim is always to achieve the best possible result based on your position within the legal framework.
4. Recording the agreements
Once agreement is reached, the agreements are carefully recorded in a settlement agreement or another legal document. This way, you can hold the staffing agency to what has been agreed in writing.
Do you want to know exactly what you are entitled to as a temporary agency worker, or do you need immediate help? Engage an experienced employment lawyer who can guide you through this process step by step.
How are termination terms negotiated for temporary agency workers?
If the temp agency is going to terminate your employment, it is often possible to negotiate the terms of your dismissal. This can involve, for example, a severance arrangement, payment of accrued leave, or a transition allowance. An employment law attorney or trade union can support you in this and ensure that your interests are properly represented.
The negotiation process usually proceeds step by step:
- First, your situation is assessed legally: are you entitled to additional compensation, is the dismissal valid, are there grounds for better terms?
- Next, your wishes and options are aligned, for example regarding the notice period, the amount of any compensation, and arrangements about a reference letter or a non-compete clause.
- Then the parties enter into discussions. This happens in writing or verbally, and often several rounds of contact are needed to reach an agreement.
Stay actively involved yourself throughout, and make sure you are well informed before agreeing to a proposal. This way you ensure that you get the most out of your termination.
Recording agreements upon termination: the settlement agreement
If you and the temp agency have reached agreement on the terms of your dismissal, these will be set out in writing in a settlement agreement. This document contains all the arrangements made, such as the end date, any compensation, and other rights and obligations. By having both parties sign, it is clear what everyone must adhere to, and you can enforce the agreements legally if necessary.
Which documents do you need when discussing termination as a temporary agency worker?
For good advice about your termination situation as a temporary agency worker, it is helpful to have a number of documents on hand. These include:
- Your temporary agency contract(s)
- Any settlement agreements
- Correspondence with the temp agency or the hirer (for example emails, letters, or WhatsApp conversations)
- Your payslips and annual statements
- The latest work schedule, timesheets, or record of working hours
- Any letters from the UWV or the subdistrict court
With these documents, your rights and obligations can be assessed specifically, and clarity about your situation as a temporary agency worker will be obtained quickly.
Need help? Arslan Advocaten is here for you
Are you, as a temporary agency worker, facing dismissal, uncertainties about your notice period, or is the temp agency refusing to pay your transition payment? The experienced employment lawyers at Arslan Advocaten are happy to help you. Feel free to contact us for tailored legal advice.
