Hiring temporary workers is a common practice in the Netherlands. But what happens when a temporary worker switches to a new employer or when he or she takes up direct employment with the client where they had previously worked through a temporary employment agency? In this article, we discuss what happens to the employment contract and the rights of temporary workers in the case of successive employers, and what this means for both employers and workers.
What is a successive employer?
A successive employer is a new employer for whom the worker continues to do the same or similar work. This can happen, for instance, when a temporary worker switches to another temp agency that carries out the same assignment, or when the temporary worker is directly employed by the client. In such cases, the new employer is legally considered the successor of the previous employer.
According to Dutch law, the service contracts with the previous employer are counted in certain cases, which can impact the worker’s rights such as the build-up of the employment contract and its associated rights. This applies to both fixed-term and permanent contracts.
The role of temporary workers with successive employers
When a temporary worker is employed by an employer where he or she had previously worked through a temp agency, the period through which the temporary worker worked with the temp agency is often considered in determining the number of contracts and the duration of the employment contract. This could lead to a permanent contract, depending on the duration of the service contracts and the agreements made.
For example, if a temporary worker has worked through an agency for two years and then is employed by the client, the worker may be entitled to a permanent contract. This is because the period as a temporary worker counts in calculating the contract term.
The rules for successive employment contracts
The rules around successive employers are laid out in Section 7:668a of the Dutch Civil Code. This law ensures that employers cannot unfairly issue several temporary contracts without the worker being able to claim a permanent contract. If a worker continues the same work after three consecutive temporary contracts or after a period of three years, they gain the right to a permanent contract.
It is important that the interim periods between contracts for the same worker at different employers do not exceed six months. If the interruption is longer than six months, the employment contract is considered a new contract.
What does this mean for employers?
Employers must be aware of the rules concerning successive employment contracts to avoid legal complications. It is vital to know that the number of temporary contracts for various employers, but for the same function or similar work, stacks up. This means that if a worker has had three temporary contracts through a temp agency and then is employed by the client, the worker could be entitled to a permanent contract immediately.
What does this mean for temporary workers?
For temporary workers, it’s crucial to know that their rights do not disappear when they switch from one temp agency to another or when they take up direct employment with a client. The service years built up can count towards their rights, such as the duration of the contract and the build up of pay.
Practical Tips for Employers and Workers
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Employers: Ensure you’re aware of the employment history of your workers, particularly if they have previously worked as temps. This can influence their rights and the obligations you have as an employer.
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Workers: Whether you’re starting as a temp or switching to another employer for the same work, make sure you’re aware of your rights. Your previous service contracts could count towards determining your contract term and other employment conditions.
Conclusion
The rules surrounding successive employers and temporary workers can be complex, but they are designed to protect workers and ensure fairness in the labor market. Whether you’re an employer or a temp worker, it’s critical to stay informed about the relevant legislation to avoid misunderstandings and legal issues.
If you have questions about the rights of temporary workers or successive employers, get in touch with our team at Arslan Lawyers. We’re ready to advise and assist you with all your labor law matters.
