Temporary workers often work flexibly, being placed at an employer by a temping agency (the hirer). To structure this process and ensure the rights of temporary workers, the temping sector works with the so-called phase system. This system, laid down in the ABU and NBBU collective agreements, divides the employment contract of a temporary worker into three phases: phase A, B, and C. In this article, we explain what each phase entails and the rights and obligations attached to it.
What is the phase system?
The phase system determines the degree of flexibility and security for the temporary worker. As the temporary worker works longer, his or her rights grow, such as the right to a permanent contract or certain terms of employment. Each phase has specific rules concerning the duration of the employment contract, the possibility of termination, and the temporary employment clause.
Phase A – The first step towards work
Phase A (or phase 1-2 according to the NBBU) is the first phase in which a temporary worker begins. This phase lasts a maximum of 52 worked weeks. In phase A, a temping agency may enter into unlimited contracts with the temporary worker. This provides maximum flexibility, as the agreement can often end as soon as the hirer terminates the assignment.
Temporary employment clause in phase A
In phase A, a temporary employment contract can be concluded with a temporary employment clause. This means that the agreement automatically ends as soon as the hirer stops the assignment or the temporary worker falls ill. Since July 1, 2023, it is no longer allowed to apply the temporary employment clause in case of illness. This ensures that a temporary worker has more security in case of sickness.
Phase B – More certainty and rights
After phase A, the temporary worker enters phase B (phase 3 according to the NBBU). This phase lasts a maximum of three years, during which the temping agency may offer up to six temporary contracts. Flexibility decreases here, as the temporary worker now has more rights, such as a longer notice period and the right to continued payment of wages in case of sickness.
No temporary employment clause in phase B
In phase B, the temporary employment clause expires, which means that the contract does not automatically end if the client decides to stop the assignment. This gives the temporary worker more security and stability.
Phase C – A permanent contract
Phase C (or phase 4) is the last phase and offers the most security. In this phase, the temporary worker is hired on the basis of an employment contract for an indefinite period. The temping agency cannot simply terminate the contract; this can only be done with mutual agreement or via the legal grounds for dismissal.
What does the phase system mean for you as a temporary worker?
The phase system aims to offer maximum flexibility to temporary workers at the start of their employment period, while ensuring that they gain more rights and security over time. This means that in phase A you have less security but as you progress to phase B and C your rights increase and eventually provide the opportunity for a permanent contract.
What should you do in the event of a dispute about the phase system?
It’s important to know your rights in every stage of temporary work. In the event of disputes about terminating your contract, illness during the temping period, or transitioning to a permanent contract, legal help from an employment lawyer may be necessary.
At Arslan Lawyers, we have extensive experience in assisting temporary workers and resolving employment disputes. We help you get what you’re entitled to, whether it’s continued pay in case of illness, unjust termination of a contract, or the right to a permanent employment.
Contact Arslan Lawyers
Do you have questions about the phase system or problems with your temporary employment contract? Our specialized employment lawyers are ready to assist you. Contact us for a non-binding advice conversation and discover your rights as a temporary worker.
Frequently Asked Questions
What is the purpose of the phase system for temporary workers?
The phase system is designed to balance flexibility and security for temporary workers, gradually increasing their rights as they gain more experience and time in their roles. It helps ensure that workers are protected and receive appropriate employment benefits over time.
How long does each phase of the temporary employment last?
Phase A lasts up to 52 weeks, Phase B can last up to three years with multiple contracts, and Phase C involves a permanent contract with indefinite employment. Each phase has specific rules regarding contract duration and rights.
Are temporary employment clauses allowed in all phases?
No, temporary employment clauses are permitted only in Phase A, but since July 1, 2023, they can no longer be applied in cases of illness. These clauses are not allowed in Phase B and C, providing more stability for workers.
What rights does a temporary worker gain when moving from Phase A to Phase C?
As a worker progresses from Phase A to Phase C, they gain increased job security, such as longer notice periods, the right to continued wages during sickness, and ultimately, a permanent employment contract in Phase C.
