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As a temporary worker, do I also have an employment contract?

If you work through an employment agency, then you are dealing with three parties: the employer (the employment agency), the employee (the temporary worker) and the company where you work as a temporary worker (the hirer or client). As a temporary worker you have a special employment contract with the temporary employment agency, namely a temporary employment contract.

A temporary employment contract is an agreement concluded by the temporary employment agency and the temporary worker. The hirer therefore has nothing to do with the temporary employment contract and only applies as a party that supervises you under supervision.

An employment agency normally works with a phase system for the employment contracts. The phase your contract is in is determined by the time you work for an employment agency. The longer you work at an employment agency, the more rights you build up. The phases in which you can end up as a temporary worker are as follows:

Phase A (ABU) / Phase 1 or 2 (NBBU)

Have you worked for the same employment agency for less than 78 weeks? Then you are in phase A, phase 1 or phase 2. Every week in which you work for the employment agency is included in the phase determination. Regardless of the number of hours you work. If you have worked for the same client in the same position with the same work via different temporary employment agencies, then the weeks worked may also be included.

In this phase, the employment contracts, or agency work employment contracts, are often concluded with agency clause. This means that, if the hirer no longer needs you, the agreement will end immediately. Thanks to this temporary employment clause, you as a temporary worker can indicate that you want to stop working at any time. You must report this to the employment agency at least one working day before you want to stop working. Illness also means termination of employment. (This does not mean that you may then start working for other hirers.) The agency clause may only be included in phase A, phase 1 and phase 2.

Phase B (ABU) / Phase 3 (NBBU)

Do you continue to work for the same temporary employment agency after phase A, phase 1 or phase 2? Then you start with phase B or phase 3. In this phase you always receive a temporary contract (think of a contract for 3 or 5 months). The advantage of this is that, when the hirer terminates the assignment or contract, you retain the right to (reversed) wages until the contract expires. This phase ends after 4 years, or a maximum of six contracts.

Phase C (ABU) / Phase 4 (NBBU)

After completing phase B or phase 3, you enter phase C or phase 4. This phase entitles you to a contract for an indefinite period with the employment agency in question. If the employment agency wishes to terminate the employment contract with you, the legal regulations for terminating an employment contract apply here.

Note: In the event of an interruption of 26 weeks or more between two temporary employment contracts, the counting starts again from phase A or phase 1.

 

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