Employment agency agreement

An employment agency agreement is a type of employment contract through an employment agency. This means you work for another company in the Netherlands but receive your wages from the employment agency. 

Employment agency agreement 

You get an employment agency agreement through an employment agency. In the first 52 weeks (first year), you may work under a zero-hours contract or on-call contract. After that, the employment agency is allowed to give you six more contracts in three years. 

Paid by the hour 

If you have a zero-hours contract or temporary work in the Netherlands, in the first year you are usually only paid for the hours you actually work. This means you do not know in advance how many hours you will work. Your boss or employment agency decides this. This type of contract of employment is common when a company hires an employee in the Netherlands for a short amount of time. 

Rules 

An employment agency agreement is a contract of employment, but the rules are slightly different from the rules for a standard contract of employment. Two important rules are the temporary employment clause and the duty of notification. 

Temporary employment clause 

A temporary employment clause is an arrangement you agree to in your employment agency agreement. It means your work stops when the employment agency’s client says there is no more work. This means your wages will stop. There is also no notice period. Important! If you have a contract with a temporary employment clause, your contract can also end immediately if you become sick. 

Duty of notification 

If you have a temporary contract for more than six months, the employment agency must tell you whether your contract will continue or end at least one month in advance. This is called the 'duty of notification'. This month is the notice period. If you are not told on time, you will receive compensation. 

Questions about your employment agency agreement 

If you have questions about your employment agency agreement, for example questions about wages, working hours, sick leave or ending your contract, check what your contract or CAO says. If you need help with this, you can visit a Work in NL information point or contact Het Juridisch Loket. They can explain things in your language and check your situation. 

CAOs for temporary agency work 

There are two collective labour agreements (CAOs) for people on employment agency agreements: the ABU and the NBBU. These are special contracts of employment. The employment agency decides which CAO applies to you. In both CAOs, your work is divided into phases. The longer you work, the more security you have. Each phase gives you more rights, for example rights to permanent employment and income. 

ABU and NBBU phase system 

Your rights as a temporary agency worker 

As a temporary agency worker, you are entitled to the same wages as a permanent employee who does the same work. We call this the 'user's remuneration'. You must not earn less because you are a temporary agency worker. You also get pay rises, just like your colleagues on permanent contracts. Your wages depend on how much experience you have. You are also entitled to extras, such as breaks, travel costs, holiday days and money for working overtime. 

Your rights as a temporary agency worker depend on two things: 

1. Do you work for an employment agency that is a member of ABU or NBBU? This is called a ‘tied employment agency’. 
2. Is there a special rule in your contract? This is called a temporary employment clause. 

Do you work for a tied employment agency? 

Then you have these rights: 

• You are paid wages while you are sick, even if you are pregnant. 
• You have the right to pregnancy leave. 
• You get a permanent contract after four years (in phase C or phase 4). 
• You can stop working (resign). This does not apply if your temporary contract says you cannot. 
• You get severance pay (extra money also known as a transition payment) when your contract ends. 

Other rights depend on the phase of your contract and whether you have a temporary employment clause. 

Do you work for an independent employment agency? 

This means the agency is not a member of ABU or NBBU. You have different rights. If you need help, you can ask a lawyer to explain things clearly.