As a temporary worker, you have a special temporary agency contract with a temporary employment agency. The agency supplies you as a worker to another company. Such a company is referred to as the ‘hirer’. You mostly get a contract in stages. The rights you have are dependent on the stage you are at.
The first stage in a temporary agency contract is stage A, or stage 1 and 2. The temporary agency employment clause applies often at this stage. The aforesaid has been agreed in the collective labour agreement (collectieve arbeidsovereenkomst or cao – i.e., agreements which have been concluded between employers and employees). If the temporary employment agency clause applies, your work automatically stops once the works ends. If you have been supplied as a worker for more than 26 weeks to another company, the temporary employment agency must warn you 10 days prior to your work activities coming to an end.
There is one exception. If one of the collective labour agreements for temporary employment applies to you, your contract may not be terminated if you are ill. Your contract continues during illness; after 1 or 2 waiting days, you are entitled to continued payment of wages by the temporary employment agency. Are you ill for a longer time and your contract expires during your illness? It means that once the contract terminates, there is a right to Sickness Benefit. Whether your contract may be terminated, is dependent on the question whether the temporary employment agency falls under the scope of the collective labour agreement. If you do not know, check your contract, or make enquiries at one of the organizations where you can get help, such as the Foundation for Compliance with the Collective Agreements (Stichting Naleving CAO voor Uizendkrachten or SNCU) or the Legal Aid and Advice Centre (Juridisch Loket).
Do you have a contract for a short term or a fixed term? If you have a contract without a temporary employment agency clause, your contract does not terminate once there is no more work. A short-term contract terminates on the end date that has been agreed upon. It can only be cancelled in the meantime if you have agreed to do so in writing. In such event, the temporary employment agency can terminate your contract from the following day. However, certain rules do apply, such as the temporary work agency must keep to the period of notice. In addition, they must have a valid reason for dismissal. The employer moreover needs the permission from the benefits agency – the Employee Insurance Agency (Uitvoeringsinstituut Werknemersverzekeringen or UWV). The court may also dissolve a contract.
Want to know more? Feel free to contact SNCU-helpdesk:
- 0800-7008 (free)
- 0031 85210 40 80 (international)