Temporary agency work in the Netherlands: an overview
Temporary agency work (uitzendwerk) is a common form of employment in the Netherlands, especially among labour migrants. In temporary agency work, you are employed by the temporary employment agency (uitzendbureau), but you perform work for a hiring company (inlenend bedrijf) (the client (opdrachtgever)). The temporary employment agency is your formal employer and is responsible for the payment of your wages, the payment of premiums and the provision of payslips.
The temporary employment sector has its own rules that are laid down in the ABU collective labour agreement (CAO) (Algemene Bond Uitzendondernemingen) or the NBBU collective labour agreement (CAO). These collective labour agreements provide additional protection on top of the statutory rights. It is important to know under which collective labour agreement (CAO) your temporary employment agency falls.
The phase system: A, B and C
The collective labour agreement (CAO) for temporary employment agencies features a phase system that determines your legal position. In Phase A, you work the first 78 weeks of employment with the temporary employment agency. In this phase, the uitzendbeding applies, which means that your agreement ends when the assignment ends. After 78 weeks of employment, you enter Phase B, in which you receive fixed-term contracts with greater security. After Phase B, i.e. after a maximum of 4 years, you enter Phase C and receive a contract for an indefinite term.
It is important to keep track of your worked weeks, because the temp agency sometimes does not count all weeks. Keep all your payslips and timesheets as proof.
Inlenersbeloning: equal pay for equal work
One of the most important rights as a temporary agency worker is the right to equal remuneration (inlenersbeloning). This means that you are entitled to the same remuneration as employees who are directly employed by the user company and perform the same or similar work. The equal remuneration (inlenersbeloning) comprises the periodic pay, short-time working compensation, allowances for overtime, irregular hours and shift work, initial pay increases, expense reimbursements and periodic increments.
If you notice that colleagues who are directly employed by the company earn more for the same work, then you probably have the right to a higher salary. This applies from the first day that you start working as a temporary agency worker (uitzendkracht).
Dismissal protection and illness
In phase A, you can be dismissed relatively easily because the dispatch clause (uitzendbeding) applies. However, even as a temp worker, you have rights in the event of illness. If you become ill, the temp agency must continue to pay your wages in accordance with the collective labour agreement (CAO). The temp agency may not dismiss you because you are ill; this is a prohibition on dismissal that also applies to temp workers.
In phases B and C, you enjoy greater dismissal protection. The temp agency cannot simply terminate your contract and must follow the same procedures as for regular employees. You also have the right in these phases to a transition payment (transitievergoeding) upon dismissal.
Housing and transport
Many employment agencies provide accommodation to labour migrants. Strict rules apply to the quality of this accommodation. The employment agency may deduct a maximum of 25% of the statutory minimum wage for accommodation. The accommodation must meet quality requirements and is preferably certified by the SNF (Stichting Normering Flexwonen). If the accommodation does not meet the standards, you can file a complaint.
Furthermore, the temporary employment agency may not deduct unreasonable costs for transport or other matters. All deductions must be clearly stated on your payslip and you must have given written consent thereto.
The WAADI and registration obligation
The Allocation of Workers by Intermediaries Act (WAADI) lays down rules for temporary employment agencies. Thus, temporary employment agencies must be registered in the Trade Register and may not impose any obstacles if you wish to enter into direct employment with the end-user. A temporary employment agency that is not registered acts illegally.
You can check on the website of the Chamber of Commerce whether your temp agency is registered. If you encounter problems with your temp agency, please contact Arslan Advocaten. We help labour migrants protect their rights as temporary agency workers.