Do you work through an agency and something goes wrong? Dismissal, pay problems, illness or an accident? One question always comes up:
who actually is my employer? The agency, or the company where you work?
For many young people this is unclear — and employers and agencies sometimes take advantage of that.
This article explains simply and clearly who your employer is, who is responsible for what, and what you can do when the parties point at each other.
You work for two parties – how does that work?
As agency worker you usually deal with:
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the employment agency
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the hirer (the company where you work day to day)
That feels confusing, but in law the distinction matters.
Who is your employer in law?
👉 In most cases the agency is your employer.
That means the 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 pay during illness (in many cases)
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formal dismissal
Even though you work at the hirer every day.
What is the hirer’s role?
The hirer is responsible for:
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day-to-day direction
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the workplace
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safety on the shop floor
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instructions and supervision
If something goes wrong on the shop floor, the hirer can be liable, even though it is not your formal employer.
“It’s not us, it’s the agency”
You hear that often. And the reverse too:
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the agency points at the hirer
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the hirer points at the agency
👉 That must not become your problem .
The responsibilities are firmly allocated.
What about pay and payment?
Problems with:
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underpayment
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missing hours
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no holiday allowance
👉 You then usually need the agency .
They pay you, and must do so correctly.
What about dismissal, or no longer being called in?
Here too, usually:
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the agency ends the contract
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not the hirer
But:
are you simply sent away without a clear explanation?
Then the dismissal is often not valid, certainly without a valid agency clause.
What about illness?
When you are ill:
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you report sick in line with the rules
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the agency is responsible for pay
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“then we won’t roster you again” is not simply allowed
This often goes wrong precisely with young people.
What about an accident at work?
The position can then be different:
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the hirer is often responsible for safety
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the agency also has duties of care
In some cases both parties can be liable. That makes it important not to accept a rejection too readily.
Common misconceptions among young people
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“I have no rights because I am agency worker”
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“I don’t know who to turn to”
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“They point at each other, so I’ll let it go”
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“It must be allowed”
That is a shame. Agency arrangements in particular are strictly regulated.
What should you do if you are stuck between two parties?
Use these steps:
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Check who your contracting party is
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Keep your contract, messages and payslips
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Ask your questions in writing
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Do not accept vague answers
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Have it assessed legally who is responsible
It often turns out you have more rights than you are told.
Unsure who your employer is?
Are you:
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a student
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a young person in flexible work
and are you getting nowhere because the parties point at each other?
Then have it checked. It often turns out that:
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one party is clearly responsible
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you are entitled to pay or protection
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the rejection came too easily
👉 Feel free to get in touch to have your situation assessed.
Related legal services
Practical tips for agency workers
Working through an agency can offer real advantages, such as flexibility and experience with different employers. Even so, it is important to know your rights and obligations properly so that you are not caught out.
- Always read your contract carefully. The agency contract determines your terms of employment, notice period and salary, among other things. Ask for an explanation if anything is unclear.
- Keep all correspondence and documents. Payslips, contracts, e-mails about illness or arrangements about working hours can matter later in a dispute.
- Report illness immediately to both the agency and the hirer. That prevents misunderstandings and secures your right to continued pay.
- Be alert to any abuses. If you feel the agency or the hirer is not keeping to the arrangements, do not hesitate to seek legal advice.
What does Dutch law say about agency work?
The Placement of Personnel by Intermediaries Act (Waadi) governs the relationship between agency workers, agencies and hirers. An important principle is that the agency is the employer in law, while the hirer has a duty of care for a safe and healthy working environment.
The chain rule also applies to agency workers. That means that with successive fixed-term contracts within a certain period the contract can automatically become permanent employment. That is important to know if you work through the same agency and at the same hirer for a longer time.
Rights during illness and incapacity
When ill you are entitled to continued pay from the agency, usually 70% of your pay depending on your contract. The agency must comply with the Dutch Civil Code and the collective agreement for agency workers. It is also obliged to work with you and the hirer on your reintegration.
Dismissal and termination of the contract
It is the agency that formally ends your contract. The hirer may nevertheless indicate that you are no longer welcome. In that case the agency must still terminate the contract in accordance with the statutory rules — by observing a notice period, or with a dismissal permit from the UWV, for instance.
Why engage Arslan Advocaten?
Are you facing problems as agency worker? Unjustified dismissal, arrears of pay, uncertainty about your contract or unsafe working conditions? Our specialists at Arslan & Arslan Advocaten have extensive experience with employment law and agency work. We are glad to help with advice, mediation and, where necessary, legal steps to protect your rights.
Get in touch today for a no-obligation consultation and let us assist you with your legal issue.
Read also
- Dismissal during pregnancy and parental leave: your rights
- Wage attachment and the protected earnings rate: what you need to know
- Hit while working as a pizza, meal or post delivery rider: what are your rights?
Frequently asked questions
Who is my employer when I work through an agency?
In most cases the agency is your employer, responsible for your pay, your contract and continued pay during illness. The hirer is usually responsible for the day-to-day work and for safety in the workplace.
What should I do if I have problems with my pay?
With pay problems you should usually contact the agency, since it is responsible for payment and for correct payroll administration. It is important to know your rights and to act in good time.
Who is responsible in a workplace dispute?
The hirer is responsible for safety and supervision on the shop floor, while the agency is responsible for your contract and pay. In a dispute it is therefore crucial to know who your employer is in law.
What should I do if I fall ill during agency work?
When ill you must report sick in line with the rules, and the agency is responsible for continuing your pay. You cannot simply stop being rostered without a valid reason.