As a temp worker, you often work on the basis of temporary contracts, but what if you want to quit your job? Terminating a temporary agency contract works differently than a standard employment contract. In this article, we explain exactly how the notice period for temp workers works, what your rights are, and what the rules are for the temp agency.
What is a notice period?
A notice period is the time that you as an employee or employer must observe before an employment contract officially ends. For temp workers, the length of the notice period depends on the phase you are in and the type of temporary agency contract you have.
Resigning as a temp worker
Do you want to terminate your temporary agency contract yourself? Then it’s important to know which phase you are in:
- Phase A (first 78 weeks): In this phase, there is usually no notice period. You can terminate your contract at any time with immediate effect, as long as you inform the temp agency as long as you inform them at least one business day in advance. This allows them to arrange a replacement in time.
- Phases B and C: In these phases, the rules are stricter and the notice period depends on the type of contract:
- Temporary agency contract for a fixed term:
- Employed for less than 3 months: 7 calendar days’ notice period
- Employed for 3 to 6 months: 14 calendar days’ notice period
- Employed for more than 6 months: 28 calendar days’ notice period
- Temporary agency contract for an indefinite period: In principle, a notice period of 1 month applies here, unless your contract states otherwise.
Being dismissed as a temporary agency worker
Not only do you have a notice period; the temp agency must follow rules when they want to terminate the agreement:
- Phase A: The temp agency applies a notice period that varies according to the number of weeks worked:
- 0 to 12 weeks: no notice period
- 12 to 26 weeks: 5-day notice period
- 26 to 52 weeks: 10-day notice period
- 52 to 78 weeks: 14-day notice period
- Phase B and C: Does the employment agency enter into a fixed-term temp agency contract with you? Then a notice period of 1 month generally applies. In addition, the employment agency often has to apply for a dismissal permit from the UWV.
For a permanent contract, a 1-month notice period usually also applies, unless otherwise stipulated in the contract.This way you know exactly where you stand if you want to quit as a temp worker, or when the temp agency
terminates your agreement.
Notice period for agency workers in phase A
In phase A (also called phases 1 and 2 under the ABU CLA), you often work with a temporary agency clause. This means that as an agency worker
you can terminate your agreement at any time, without having to take a notice period into account. The only thing you need to do is inform your temp agency at least one working day in advance, so they can arrange a replacement in time.
Note: your rights and obligations differ per phase and depend on whether a temporary agency clause is present. Always check carefully which stage of the contract you are in and whether a temporary agency clause is included. That way you know exactly what to expect if you want to stop working through the temp agency. Consider your situation carefully, because in the next phases (B and C) stricter rules and different notice periods apply.
What is a temporary agency clause?
A temporary agency clause is a special provision in your contract under which your employment contract ends immediately if the client stops the work, or if you decide to stop yourself. This offers a lot of flexibility, both for you and for the temp agency. Note: the agency clause only applies as long as it is actually included in your contract and you are still in phase A. Once you are in phase B or C, other and stricter rules apply for terminating your agreement.
In short:
In phase A you can usually stop easily and quickly, but it is important to always check whether the agency clause is included in your contract. If you do not have an agency clause, other notice periods may apply.
How does the agency clause work?
Most agency workers in phase A have an agency clause in their contract. This means that your temporary agency agreement automatically ends if the client (the ‘hirer’) decides to terminate the assignment. You therefore do not have to follow a formal notice period. Note: you are only paid for the hours actually worked; if the work stops, your pay stops too.
What if there is no work for you?
With an agency clause, you are not entitled to pay if there is no work—unless the temp agency did not inform you in writing that the agency clause applies. You must receive this notice upon commencement of employment
for example in your contract or by e-mail. If you did not receive it, then in certain situations you may still be entitled to pay during unemployment.
Unlimited number of contracts
In phase A you can receive an unlimited number of new contracts, both at a single company and with multiple clients. Only after a maximum of one year do you move on to phase B (or phase 3), after which different rules apply to contracts and notice periods.
How long does phase A last?
Phase A is the first stage of your temporary agency contract and lasts a maximum of 1 year. After this period, you automatically move on to the next phase, namely phase B.
Your rights with a phase A (phases 1 and 2) contract without an agency clause
Do you work as temporary agency worker in phase A – also called phases 1 and 2 – and is there no agency clause in your contract? Then your rights are arranged slightly differently than for agency workers with an agency clause.
Protection against dismissal
Without an agency clause, the temp agency is not allowed to summarily dismiss you on the spot. You have just like with a regular temporary contract more protection against dismissal. Does the employment agency want to terminate your contract? Then they must adhere to the legal rules for termination and you cannot be immediately put out on the street without a valid reason.
What if there is temporarily no work?
- If it happens that the company you work for has no assignment for you for a while, it is important to know whether you are entitled to continued payment of your wages:
- The employment agency must state in writing (for example in your contract or by email) whether they will continue to pay you when there is no work.
- Has nothing been formally agreed? Then it may be that you still have a right to wages during these so-called ‘intervals’.
If it is explicitly stated in black and white that they will not continue to pay, then that usually applies. But note: this must be discussed and recorded with you at the start of your employment.
Do you doubt whether you are entitled to wages when there is no work, or are you being dismissed without a clear reason? As always: if in doubt, seek advice from a labor law specialist―that can save a lot of frustration and financial damage.
Notice period for agency workers in phase B and C
When you are in phase B or C, stricter rules apply to the notice period. These rules vary depending on how long you have been employed:
Employed for less than 3 months- : notice period of 7 calendar days.Employed for 3 to 6 months
- : notice period of 14 calendar days.Employed for more than 6 months
: notice period of 28 calendar days.
What exactly do phases B and C entail?
Phase B (also called phase 3) follows after phase A and lasts a maximum of 3 years or 6 contracts. In this phase you have a temporary agency contract for a fixed term and the agency clause usually no longer applies.
Phase C (or phase 4) begins once you have worked four years for the same temp agency. You then receive a permanent contract for an indefinite term.
These phases not only determine your notice period, but also indicate how secure your job is and what rights you have within temporary agency work.
For open-ended employment contracts, temp workers have a standard notice period of one month, unless your contract states otherwise.
Notice period for temp agencies
Different rules apply to temp agencies. When a temp worker is in phase A, the temp agency must observe a notice period of 10 calendar days upon dismissal if the temp worker has worked more than 26 weeks.
The notice period for the temp agency
- in phase A depends on how long you have already worked:0 to 12 weeks worked: no notice period for the temp agency
- .12 to 26 weeks worked: the temp agency
- must apply a notice period of 5 days.Worked 26 to 52 weeks:
- the notice period is 10 days.Worked 52 to 78 weeks: the employment agency
must apply a notice period of 14 days.
These rules ensure that, as a temporary worker, you don’t end up without work from one day to the next, depending on how long you have been employed.
In phases B and C, a notice period of one month applies for the employment agency, regardless of whether it concerns a fixed-term or open-ended contract.
Your rights in case of dismissal without the temporary employment clause
Do you not have an agency clause in your contract? Then the employment agency cannot simply terminate your employment. In that case you are better protected: your employment agency must comply with the statutory rules for dismissal, just like any other employer. Often this means you can only be dismissed for a valid reason, for example for business-economic reasons or poor performance, and that the UWV or the cantonal judge must grant permission for the dismissal.
If you are unexpectedly dismissed while you do not have an agency clause, you can file an objection and may be entitled to a transition payment or other rights.
When can you be dismissed in phase C (or phase 4)?
In phase C – sometimes also called phase 4 (under the NBBU collective labor agreement) – as a temporary agency worker you generally have a permanent employment contract. That means you cannot simply be dismissed; the employment agency must adhere to strict rules.You can only be dismissed in the following situations:
Summary dismissal
- : This is only allowed for serious reasons, for example in cases of theft or fraud.Dismissal with permission from the cantonal judge or the UWV
- : In this case the employment agency must have a valid reason for dismissal, such as business-economic reasons or long-term incapacity for work. Approval must first be obtained from the UWV or the court.Termination by mutual agreement
: Sometimes you jointly make clear arrangements about ending the employment via a settlement agreement.
In short: in phase C your legal position is stronger. You cannot simply be shown the door – there must always be a (legally permitted) justification.
Your rights when there is no work for you (without an agency clause)
But what if there is temporarily no work at the client, and you do not have an agency clause in your contract? In that case, as an agency worker you are in a much stronger position. The temp agency cannot simply send you home without pay. In principle, you are entitled to payment as long as your employment contract continues—even if there is temporarily no work.
The temp agency must also clearly indicate at the start of your employment whether you will or will not continue to be paid if there is no work. If that has not been set out in writing (for example in your employment contract or by email) and you are at home without work and without pay, you may be missing out on money you are entitled to.
Are you unsure whether everything is proceeding according to the rules? Then it is wise to contact an employment lawyer about this, or for example to drop by a union such as FNV or CNV. They can tell you exactly what your rights are in specific situations.
What are your rights if there is no work in phase C (or phase 4)?
-
It may happen that there is (temporarily) no work for you when you are in phase C of your agency agreement, i.e., with a fixed-term or open-ended contract without an agency clause. In that situation, your temp agency remains obliged to continue paying your wages in full. So you are entitled to your normal salary, even if you are currently not assigned to a client.
Note: during this period the temp agency may offer you other suitable work. This is also called replacement work. If this role reasonably matches your capabilities and terms of employment, you are obliged to accept the work offered. Refusing can have consequences for your continued wage payment.
In summary, it comes down to this:
- You retain the right to your full salary, as long as you are available for work and the contract is ongoing.
If you are offered suitable work, you are obliged to accept it, provided it is reasonable given your experience and role.
For specific situations or if you are in doubt, it is wise to always check your collective agreement or contract terms carefully, or—if necessary—seek advice from your union or a legal adviser.
What if you start directly in phase B or phase 3?
Do you start as an agency worker directly in phase B (or phase 3, for example under a different collective agreement) and skip phase A (or phases 1 and 2)? In such a case, the notice periods and other arrangements that belong to phase B or 3 apply immediately. You therefore do not first have to go through phase A/1-2: you start right away with the longer notice periods that apply in phase B/3. It may also be that certain protections and rights that only begin in these phases apply to you immediately.
Unsure about your situation or the type of contract you started with? Always check your employment contract carefully and, if necessary, consult the collective agreement that applies to your sector, such as the ABU or NBBU. That way you know for sure which rules apply to you.
What if there is temporarily no work for you in phase B or 3?
It can happen that there is temporarily no work for you when you are working in phase B or 3. In that case, you don’t have to worry about your income: your employment agency remains obliged to continue paying your full wages for as long as your contract runs. This is called wage continuation obligation
.
In the meantime, the agency can offer you suitable (alternative) work, for example with another client. You are then required to accept a reasonable offer of other work. You may refuse only if the work really does not fit your role, education, or experience.
Note: did you enter directly into phase B, without first working under phase A? Then different rules may apply. Always carefully check your contract and the applicable collective labor agreement, or ask a lawyer for advice if you are in doubt.
What if there is no work and you have an agency clause?
It may happen that there is (temporarily) no work for you at the client. When your contract includes an agency clause (as is common in phase A), this means that your temporary agency agreement ends immediately as soon as the work stops. You are then not entitled to wages for the period in which you are not being assigned.
Note:
Your agency must clearly and in a timely manner let you know – for example in your contract or via an email – that the work is ending and that the agency clause applies. If they do not do this, and you formally remain employed, in some cases you may still be entitled to continued payment of wages. Are you unsure about your situation? Then consult someone with expertise in employment law or contact the FNV or CNV unions for advice about your rights.
Are you entitled to a transition payment as a temporary agency worker?
Many temporary agency workers wonder whether they are entitled to a transition payment when their contract ends. The answer is: yes, in most cases you are entitled to this as a temporary agency worker. If you are dismissed by the agency or your temporary agency agreement is not extended, you may receive a transition payment. This also applies when your contract is not renewed after the end of phase B or C.
There are conditions attached to this payment. For example, as a temporary agency worker you must be at least 18 years old and your employment agreement must have lasted at least 24 months. Even with shorter periods of employment, you often now have a right to a (proportionally calculated) payment. Exceptions exist if you resign yourself or act in a seriously culpable manner, but in practice it usually means that at the end of your employment you can claim a transition payment from the agency.
The amount of the transition payment depends on the number of years of service and the salary. The agency is obliged to pay the compensation no later than one month after the end of the contract. This way you receive financial compensation if you involuntarily end up without work.
What if you keep working after the end date?
Do you have a temporary agency contract with a clear end date and do you simply continue working after that date has passed? In that case, your agency employment agreement is automatically extended, also called a ‘tacit extension’. This means that your employment relationship continues under the same terms as your previous contract, unless explicitly different arrangements have been made with the employment agency. So it is wise to consult your employment agency after your contract ends, so that you know where you stand and avoid surprises.
Are you entitled to a transition payment when your contract ends?
Many temporary agency workers wonder whether they are entitled to a transition payment when their contract expires. The answer is: yes, in many cases they are. If your agency employment agreement is not extended by the employment agency, you are generally entitled to a transition payment. This applies to both fixed-term and open-ended contracts, provided your employment contract is terminated at the initiative of the employment agency or the client.
Note: you usually only become entitled to a transition payment if your employment contract has lasted at least 24 months, unless otherwise agreed or provided by law. The amount of the transition payment depends on the number of years of service and your last earned wage. This is laid down in the Balanced Labour Market Act (WAB), which also applies to temporary agency workers.
If in doubt, always check with your employment agency or consult an employment law attorney, such as the specialists at Arslan Advocaten
, to know exactly what you are entitled to.
When does the employment agency need a dismissal permit from the UWV
needed?Is it a fixed-term agency employment agreement and does the employment agency want to terminate it prematurely? Then the employment agency is required to first obtain a dismissal permit from the UWV
to apply for. Only once this permit has been granted may the employment contract actually be terminated, with due observance of the one-month notice period. This protects your rights as a temporary agency worker against unjustified dismissal.
How are agreements about dismissal recorded?If you and your employer make arrangements together about ending your employment, these are always recorded in writing to prevent misunderstandings. This is usually done in a settlement agreement. It sets out in black and white what you have agreed, such as the termination date, any compensation, or other conditions. This way, both parties can be held to the agreements made and it is clear who is entitled to what. It is wise to check such an agreement carefully and, if necessary, seek legal advice from, for example, the Juridisch Loket or trade union FNV
, so that you know exactly where you stand.
How does the negotiation process regarding dismissal terms work?The negotiation process in a dismissal is about finding the most favorable terms for you as a temporary agency worker. This process usually starts with a meeting between you, your temp agency and/or the employer in which all interests are put on the table. Think of matters such as the amount of any severance pay, the settlement of outstanding vacation days, and agreements about the end of your contract.Often several meetings are needed before both parties agree on all the terms. During these negotiations it is important to stay calm and to know well what your rights are under the ABU or NBBU collective labor agreement. Sometimes proposals will be ping-ponged back and forth until everyone agrees to the final arrangement.
- A few tips to keep in mind:
- Always put your agreements in writing so there is no ambiguity.Don’t be afraid to ask questions or seek advice, for example from the Juridisch Loket or union FNV
- .
Carefully check whether all agreements made are in line with the collective labor agreement (CAO) and your contract.
Once agreement has been reached, the arrangements made are officially recorded and you can move forward – hopefully with peace of mind.
What happens if the notice period is not respected?
If the employment agency does not comply with the notice period, it is required to pay a penalty equal to the temporary worker’s wages. This is laid down in the CAO rules of the ABU and NBBU. Conversely, if you as an employee do not respect the notice period, the employment agency can claim compensation.
What is reviewed when getting legal advice about termination?
- When you receive legal advice about a (proposed) termination, a number of important points are closely examined. You will get clarity about:Severance pay:
- Whether the proposed compensation is fair according to statutory rules and CAO provisions.Working notice period:
- Whether you still need to continue working and, if so, for exactly how long.Settlement agreement:
- Whether it is complete and legally watertight, so you won’t face any surprises.Unemployment benefit rights:
Whether you – based on the agreed terms – are entitled to unemployment benefits.In addition, it is checked whether all the agreements made comply with the rules from, for example, the ABU or NBBU
collective labor agreement and labor law in general. This way you can be sure you won’t miss any important rights and can take your next step well prepared.
What is legal advice based on in the event of termination?
When providing legal advice in termination situations, your personal circumstances and the relevant documents you provide are the starting point. Common points of attention are reviewed, such as the amount of any severance payment, the arrangements around the notice period, and whether the settlement agreement has been drafted completely and is legally valid. It is also assessed whether you qualify for unemployment benefits and whether your rights under the collective labor agreement and relevant legislation are properly safeguarded. By carefully reviewing what has been recorded in your contract and correspondence, you can expect targeted, tailor-made advice that fits your specific situation.
What does legal support in a termination look like?
- Are you a temporary agency worker considering seeking legal advice about termination? If so, the process usually proceeds in a number of clear steps:Initial consultation: It starts with a free, no-obligation intake consultation with an employment lawyer, such as at, for example, Arslan Advocaten
- . In this meeting you discuss your situation and receive an initial assessment of your case.Collecting documentation:
- You will be asked to send relevant documents, such as your temporary agency contract, any settlement agreement, or email correspondence with the temp agency. This helps the lawyer assess your position.Assessment and advice:
- Based on your information, the legal expert or lawyer analyzes your file. You will receive advice on, for example, the notice period, severance (transition compensation), the completeness of the settlement agreement, and your possible entitlement to unemployment benefits.Negotiation:
- If there is room for better terms, the lawyer can negotiate with the temp agency on your behalf. The goal is always to achieve the most favorable arrangement for you.Documenting the agreements:
Once both you and the temp agency agree to the proposed terms, they are put in writing. This ensures you know exactly where you stand and you can hold the temp agency to the agreements.
This approach ensures that, as a temporary agency worker, your rights are protected and you do not overlook important matters.
Which documents do you need for legal advice regarding termination?
- If you want to seek legal advice about your termination situation, it is helpful to be well prepared. Gather the following documents in advance:
- Your employment contract or temporary agency agreement
- Any settlement agreement (if applicable)
- Correspondence with your employer or employment agency, such as emails or letters about the termination
- Your payslips from the past few months
Collective labor agreement (CAO) or additional employment terms that apply to you
With these documents, an employment lawyer or legal advisor can carefully assess your situation and give you targeted advice. This way, you can be sure that you are not overlooking anything and you will be in a stronger position during the process.
How does an intake meeting for legal support work?When you seek legal support regarding termination, the process usually starts with an intake meeting. During this meeting, you discuss your personal situation and can ask all your questions about ending your employment. Your side of the story is listened to carefully, and you are given room to explain everything.To provide sound advice, you will be asked to bring or send relevant documents. These include your employment contract, any settlement agreement, and email correspondence between you and your employer. Based on this information, an employment lawyer, such as one from Arslan Lawyers
, carefully assess your situation and provide you with targeted legal advice.
- Common situationsNo work, still pay?
In phases B and C, you are entitled to pay if the work is no longer available. In phase A, only if you do not have an agency clause and the agency has not put in writing that you are not entitled to continued payment of wages.Terminating the contract early
Always check carefully whether your contract can be terminated early and pay attention to the notice periods. Sometimes your contract explicitly states that early termination is not possible.
for tailored legal advice.
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