In the Netherlands, thousands of people work as temporary workers. But how exactly are the rights and obligations of temporary workers? In this article we explain which rules apply and what both temporary workers and temporary employment agencies need to know about their employment relationship.

What is a temporary worker?

A temporary worker is an employee who works temporarily at a client (the hirer) through a temporary employment agency. There is a triangular relationship between the temporary worker, the temporary employment agency and the hirer. The temporary employment agency is the formal employer of the temporary worker, while the temporary worker performs the work at the client’s.

Rights of temporary workers

Temporary workers are entitled to the same terms of employment as employees who are directly employed by the client, according to the Allocation of Labour by Intermediaries Act (WAADI). This means that they have the right to equal pay for equal work, supplements, holidays and leave, as stipulated in the hirer’s collective labour agreement (ca). From day one, the so-called ‘hirer’s remuneration’ applies, which means that temporary workers must receive the same wages as regular employees in similar positions.

In addition, temporary workers are entitled to:

• Holidays and holiday pay: Temporary workers accrue holidays and are entitled to 8% holiday pay of their gross salary.
• Continued payment of wages during illness: Since 2023, temporary workers cannot be immediately dismissed when ill. The temporary employment agency is required to continue to pay wages for up to two years, depending on the length of the contract.
• Pension accrual: Temporary workers start building up a pension after 8 weeks of work, and from 1 January 2024 this applies directly from the first working day for temporary workers aged 18 or older.

Different phases within temporary work

The phase system for temporary workers in the Netherlands is divided into three phases: phase A, B and C. Each phase provides different rights and obligations for the temporary worker:

1. Phase A: In this phase, which lasts up to 52 weeks, the temporary worker generally works on the basis of an agreement with a temporary clause. This means that the contract automatically ends if the client no longer has any work.

2. Phase B: After phase A, the temporary worker proceeds to phase B, in which he or she gets a contract for a specific period of time. The temporary clause no longer applies, and the temporary worker has more certainty with regard to work and income.

3. Phase C: Phase C starts after three years of working in phase B or after six contracts. Here the temporary worker gets a permanent contract, which is comparable to a fixed contract.

The role of the temporary employment agency

The temporary employment agency is responsible for the correct compliance with employment conditions. This includes paying wages, ensuring a safe working environment, and complying with the rules on working conditions. The temporary employment agency must also adhere to the rules of the WAADI Act and the collective labour agreement for temporary workers.

Additionally, the temporary employment agency must:

• Be registered with the Chamber of Commerce.
• Make clear the working conditions before placing a temporary worker.
• Adhere to the work qualifications required for the respective position.

Liability in case of accidents or damage

Although the hirer is responsible for safety in the workplace, the temporary employment agency can also be held liable in certain cases for damage that the temporary worker incurs or causes during work. This is why it’s important that both the temporary employment agency and the hirer make clear agreements and record them in a contract.

Why legal assistance in temporary work?

Whether you’re a temporary worker, employer, or temporary employment agency, it’s important to know what your rights and obligations are. The rules around temporary work can be complex, and in some situations, legal advice may be necessary, for example in disputes over wages, dismissal or working conditions.

At Arslan Lawyers we have years of experience in employment law and assist both temporary workers, temporary employment agencies and hirers in resolving legal issues. Our team is ready to advise you and guide you, whether it’s about mediation or litigation in court.

Conclusion

Temporary workers in the Netherlands have clear rights, usually equal to those of permanent employees. It is essential that temporary workers, temporary employment agencies and hirers are aware of the rules to avoid conflicts. Do you have questions about your rights as a temporary worker or as an employer? Contact Arslan Lawyers today for expert legal advice.