Do you work through a temp agency and something goes wrong? Dismissal, pay issues, illness, or an accident? Then this question always comes up:
who actually is my employer? The temp agency or the company where you work?
For many young people this is unclear — and sometimes employers and temp agencies take advantage of.
In this blog we simply and clearly explain who your employer is, who is responsible for what, and what you can do when parties point the finger at each other.
You work for two parties – how does that work?
As a temporary agency worker you usually deal with:
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the temp agency
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the client company (the company where you work every day)
That feels confusing, but legally the distinction is important.
Who is legally your employer?
👉 In most cases the temp agency your employer.
That means the temp agency is responsible for:
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your pay
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your payslips
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your contract
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continued payment of wages during illness (in many cases)
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formal dismissal
Even though you work at the hirer every day.
What is the role of the hirer?
The hirer is responsible for:
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daily supervision
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the workplace
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workplace safety
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instructions and supervision
If something goes wrong in the workplace, then the hirer can be liable, even if he is not your formal employer.
“It’s not our fault, it’s the temp agency”
You hear this a lot. And the other way around too:
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temp agency points to the hirer
-
hirer points to the temp agency
👉 That’s allowed not your problem become.
The responsibilities are firmly divided.
What about wages and payment?
Problems with:
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too little pay
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missing hours
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no vacation pay
👉 Then you usually have to at the temp agency be.
They pay you and must do so correctly.
What about dismissal or not being called in anymore?
Here too, the usual rule is:
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the temp agency terminates the contract
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not the client company
But:
are you sent away just like that without a clear explanation?
Then the termination is often not legally valid, especially without a valid temporary agency clause.
What about illness?
In case of illness:
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you call in sick according to the rules
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the temp agency is responsible for pay
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“then we won’t schedule you anymore” is not simply allowed
Especially with young people, this often goes wrong.
What about a workplace accident?
Then it may be different:
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the hirer is often responsible for safety
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the temp agency also has duties of care
In some cases, both parties can be liable . That makes it important not to accept a rejection too quickly.
Common misconceptions among young people
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“I have no rights because I’m a temp worker”
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“I don’t know who to go to”
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“They point at each other, so I just let it go”
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“I suppose it’s allowed”
That’s a shame. Temp agency arrangements in particular are legally strictly regulated.
What should you do if you get stuck between two parties?
Use this step-by-step plan:
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Check who your contracting party is
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Keep the contract, messages and payslips
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Ask questions in writing
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Do not accept vague answers
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Have a legal expert determine who is responsible
It often turns out that you have more rights than you are told.
Are you unsure who your employer is?
Are you:
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agency worker
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student
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young person with flexible work
and are you getting turned down because parties point at each other?
Then just have it checked. Often it turns out that:
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one party is clearly responsible
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you are entitled to wages or protection
-
claims are being dismissed too easily
👉 Feel free to get in touch to have your situation assessed.
