As a temporary agency worker, you deal with fixed-term contracts, agency clauses and different clients. But what happens if you want to resign? And what are your rights if the temp agency wants to terminate 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 a temporary agency contract?

The notice period is the statutory period that the employee and the employer must observe when terminating an employment contract. For agency workers, the notice period depends on:

• The phase you are working in (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 for a temporary agency employment contract differ from those for a regular employment contract. This means the exact rules for giving notice and ending your contract may differ from what you may know from a standard employment contract. Therefore, it is important to know which phase of agency work you are in, so you know where you stand 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 stops. You may also resign at any time, provided you inform the temp agency at least one working day in advance.

Without agency clause

Do you not have an agency clause? Then stricter dismissal rules apply:

• The temp agency cannot simply dismiss you.

• There must be a valid reason.

• Dismissal is only allowed via the UWV or the subdistrict court.

• You are entitled to protection against dismissal as with a regular employment contract.

Right to wages when there is no work (without an agency clause)

Is there temporarily no work? Then in many cases you are still entitled to continued payment of your wages, unless other arrangements were agreed in writing at the start of the employment.

Notice period for temporary 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 term	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 temp agency must indicate at least one month before the end date whether the contract will be extended. If the agency does not do that, you are entitled to a notice compensation.

Dismissal and termination in phase C (NBBU phase 4)

Are you working in phase C with a permanent contract? Then the temp agency may only dismiss you:

• In case of summary dismissal (serious reason)

• With permission from the UWV or the subdistrict court judge

• 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 obliged to pay a penalty equal to the wages for the period not respected. This is laid down in the ABU and NBBU collective agreements.

Right to transition compensation as a temporary agency worker

When your temporary agency contract ends, you are often entitled to a transition payment. The main conditions:

• The employment contract has lasted at least 24 months (in total).

• The termination is at the initiative of the staffing agency.

• For shorter employment periods, a proportional payment applies (pro rata).

• The payment amounts to 1/3 of a month’s salary per year of service.

The transition payment must be paid within one month after the end of employment.

Staffing agency’s own notice period

For the staffing 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 otherwise agreed.

Note: In phases B and C, the notice period of the temporary employment agency depends on the type of temporary employment contract. Does the temporary employment agency have a fixed-term contract with you? Then the temporary employment agency has a notice period of 1 month. In addition, in these phases the temporary employment agency must apply for a dismissal permit from the UWV. This means they cannot simply give notice; a statutory procedure must be followed.

These rules ensure that as temporary agency worker in phases B and C you enjoy extra protection when your employment is terminated.

Tacit renewal when continuing to work after the end date

Are you continuing to work after the end date without a new contract? Then a tacit renewal automatically arises. The agreement then continues under the same conditions.

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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, contract type and collective labor agreement. In phase A with an agency clause you can give notice almost immediately. In phases B and C fixed notice 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.

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Step-by-step plan: Immediate advice upon dismissal as a temporary agency worker

Are you as temporary agency worker facing an unexpected dismissal situation and want to know right away where you stand? Then follow these simple steps to quickly and free of charge get clear legal advice about your specific situation.

1. Gather relevant documents

Start by gathering important documents, such as your temp agency contract, any amendment letters, your latest payslip, and all correspondence with the temp agency. This helps you get quick and complete answers when you get in touch.

2. Schedule a no-obligation intake meeting

Many employment law specialists offer a free, no-obligation first consultation. 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 that specializes in this—large unions like FNV or CNV also often provide initial assistance 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 allowance?
• Is the notice period the temp agency mentions correct?
• Do I need to 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 is best to do: negotiate terms, file an objection, or take immediate action with, for example, the UWV. Experts also point out your rights and possible 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 unions offer multiple contact options so you can get the right help at your own pace.

This way, you can be sure you can take quick and well-informed action in case of dismissal as a temporary agency worker.

 

This is how legal advice works for temporary agency workers facing dismissal

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 initial consultation
The process usually begins 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 temp agency 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, contacts with the temp agency, and the regulations from the ABU or NBBU collective agreement, you will receive clear advice. This will assess, for example, whether the dismissal is lawful, whether your notice period is being respected, and whether you are eligible for a transition allowance or unemployment benefit.

3. Negotiation with the temp agency
If necessary, negotiations can be conducted on your behalf with the temp agency, for example about the amount of the severance payment or the finalization of your contract. The aim is always to achieve the best possible result based on your position within the legal framework.

4. Formalizing the agreements
Once agreement is reached, arrangements are carefully recorded in a settlement agreement or another legal document. This way, you can hold the temp agency to what has been agreed in writing.

Do you want to know exactly what you are entitled to as a temporary worker, or do you need immediate help? Consult an experienced employment law attorney who can guide you through this process step by step.

 

How are termination terms negotiated for temporary workers?

If the temp agency is going to end your employment, it is often possible to negotiate the terms of your termination. This can cover a departure package, payout of accrued vacation, or a transition allowance. An employment law attorney or trade union can support you 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 termination valid, are there grounds for better terms?
• Next, your preferences and options are aligned, for example regarding the notice period, the amount of any compensation, and arrangements about a reference letter or non-compete clause.
• Then the parties enter into discussions. This happens in writing or orally, and often several exchanges are needed to reach an agreement.

Stay actively involved throughout, and make sure you are well informed before you agree to a proposal. That way, you ensure you get the most out of your termination process.

 

Recording agreements upon termination: the settlement agreement

If you and the employment agency have reached agreement on the terms of your dismissal, these will be recorded in writing in a settlement agreement. This document contains all agreed terms, 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 legally enforce the agreements if necessary.

 

Which documents do you need when discussing dismissal as a temporary agency worker?

For proper advice about your dismissal situation as a temporary agency worker, it’s helpful to have some documents at hand. Consider:

• Your temporary agency contract(s)
• Any settlement agreements
• Correspondence with the employment agency or the hirer (for example emails, letters, or WhatsApp conversations)
• Your payslips and annual wage statements
• The latest work schedule, timesheets, or work hours record
• Any letters from the UWV or the subdistrict court

With these documents, your rights and obligations can be reviewed specifically, and there will quickly be clarity about your situation as a temporary agency worker.

 

Need help? Arslan Advocaten is here for you

Are you, as a temporary agency worker, confronted with dismissal, uncertainties about your notice period, or is the employment agency refusing to pay your transition compensation? The experienced employment law attorneys of Arslan Advocaten are happy to help you further. Feel free to contact us without obligation for tailored legal advice.