Many young people work through a temp agency. That feels flexible, but it also creates uncertainty. Especially when you’re suddenly told that you don’t need to come in anymore. Many temp workers think: “I guess that’s allowed.”
That’s often not the case.

In this blog, we clearly explain when firing a temp worker is allowed, and when it is not, and what you can do right away if you’re sent home.

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Are you really an employee as a temp worker?

Yes. Even as a temp worker you have employment rights.
You have an employment contract with the temp agency and work at a hirer (the company where you work).

That means, among other things:

• right to wages

• right to protection against unfair dismissal

• right to equal treatment

• right to safe working conditions

So you are not without rights, even if your contract works differently than for permanent employees.

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The phases in temporary agency work (important)

Temporary agency contracts use phases. The best-known are:

Phase A

• often the first period

• sometimes with an agency clause

• more flexibility for the temp agency

Phase B

• multiple fixed-term contracts

• no agency clause anymore

• more protection against dismissal

Phase C

• permanent contract with the temp agency

👉 Which phase you are in is crucial for the question of whether dismissal is allowed.

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What is an agency clause?

With an agency clause, your contract ends automatically if:

• the client ends the assignment

• you become ill (in some cases)

But note:

• the agency clause must in writing have been agreed

• it applies only for a limited time

• it is regularly incorrectly applied

Especially among young people, this is often taken advantage of.

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When can a temporary agency worker be dismissed?

That depends on your contract and phase:

• with a valid agency clause: sometimes immediately

• without an agency clause: not just like that

• in phase B or C: dismissal rules apply almost entirely

Are you being dismissed just like that without an explanation or written confirmation?
Then that is often not allowed.

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Common situations where it goes wrong

We often see among young people:

• “The client is not satisfied, so you don’t have to come in anymore”

• dismissal via WhatsApp

• stopping work without pay

• dismissal after reporting sick

• dismissal after asking questions about pay or safety

In many of these cases the temporary agency worker does have rights.

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Are you entitled to pay after dismissal?

That can certainly be the case, for example if:

• the agency clause is invalid

• the contract has not been lawfully terminated

• the employer has made mistakes

Then the temp agency may be required to:

• continue to pay wages

• pay compensation

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What should you do immediately as a temporary worker?

Follow this step-by-step plan:

1. Ask for your contract and phase classification

2. Ask in writing why you are being sent away

3. Save chats, schedules and payslips

4. Respond quickly and don’t just agree

5. Have a legal review of whether the dismissal is justified

Act quickly. If you wait too long, you may lose your rights.

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Common mistakes by temp agency workers

• thinking the temp agency is always right

• being afraid to ask questions

• not objecting

• assuming that “flexible” means “no rights”

That’s not true. Mistakes are often made in temp work.

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Are you unsure if your dismissal is justified?

Are you:

• temp worker

• student

• part-timer

• young person with flexible work

and are you fired or sent home?

Then have your situation checked. It often turns out that:

• the dismissal is incorrect

• you are entitled to wages or compensation

• the temp agency acted too quickly

👉 Feel free to get in touch for an assessment of your situation.