Do you work through a temp agency and something goes wrong? Dismissal, wage issues, illness, or an accident? Then this question always comes up:
who is actually my employer? The temp agency or the company you work for?

For many young people this is unclear — and employers and temp agencies sometimes take advantage of it.

In this blog we explain simply and clearly who your employer is, who is responsible for what, and what you can do when parties point fingers at each other.

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You work for two parties – how does that work?

As a temporary agency worker, you usually deal with:

1. the temp agency

2. the hirer (the company where you work every day)

That feels confusing, but legally the distinction is important.

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Who is legally your employer?

👉 In most cases the temp agency is your employer.

That means that the temp agency is responsible for:

• your wages

• your payslips

• your contract

• continued wage payment during illness (in many cases)

• formal dismissal

Even though you work at the hirer every day.

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What is the role of the hirer?

The hirer is responsible for:

• the day-to-day supervision

• the workplace

• workplace safety

• instructions and supervision

If something goes wrong in the workplace, the hirer can be liable, even if he is not your formal employer.

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“It’s not our fault, it’s the temp agency”

You hear this a lot. And the other way around too:

• temp agency points to the hirer

• hirer points to the temp agency

👉 That’s allowed not your problem become.
The responsibilities lie fixed divided.

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What about wages and payment?

Problems with:

• too little pay

• missing hours

• no holiday pay

👉 Then you are usually at the temp agency .
They pay you and must do so correctly.

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What about dismissal or not being called in anymore?

Here too, the rule is usually:

• the temp agency terminates the contract

• not the client company

But:
are you just sent away without a clear explanation?
Then the dismissal often not legally valid, especially without a valid temporary agency clause.

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What about illness?

For illness, the following applies:

• you call in sick according to the rules

• the temp agency is responsible for wages

• “then we will no longer schedule you” is not allowed just like that

Especially with young people, this often goes wrong.

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What about a workplace accident?

Then it may be different:

• the hirer is often responsible for safety

• the employment agency also has a duty of care

In some cases both parties liable are. That makes it important not to accept a rejection too quickly.

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Common misconceptions among young people

• “I have no rights because I am a temporary agency worker”

• “I don’t know who to go to”

• “They point at each other, so I just let it go”

• “I guess it’s allowed”

That’s a shame. Temporary agency arrangements are legally strictly regulated.

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What should you do if you get stuck between two parties?

Use this step-by-step plan:

1. Check who your contracting party is

2. Keep your contract, WhatsApp messages, and pay slips

3. Ask questions in writing

4. Do not accept vague answers

5. Have a legal assessment determine who is responsible

Often it turns out that you have more rights than you are told.

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Are you unsure who your employer is?

Are you:

• temporary agency worker

• student

• young person in flexible work

and are you being refused because the parties point at each other?

Then just have it checked. It often turns out that:

• one party is clearly responsible

• you are entitled to pay or protection

• requests are being rejected too easily

👉 Feel free to get in touch to have your situation assessed.