Rights of temporary workers play a significant role when you, as an employer, hire temporary staff through a temporary employment agency. This arrangement offers flexibility and administrative convenience, but also entails clear responsibilities. In this article, we explain what rights temporary workers have and what you, as a hirer, need to be aware of legally.
Rights of temporary workers under the collective labour agreement
Temporary workers fall under the collective labour agreement (CAO) for temporary workers. This collective agreement governs their rights and obligations. Although the temporary worker is formally employed by the temporary employment agency, you as the hirer assume a number of statutory obligations.
An important principle is that temporary workers are in many cases entitled to the same employment conditions as permanent employees performing comparable work.
For more background on employment law obligations, visit our page on employment law.
Employment conditions and equal treatment
The rights of temporary workers include equal treatment in the workplace. This means they must work under the same working conditions as permanent employees in the same position.
As a hirer, you are obliged to correctly inform the temporary employment agency in advance about:
- job description and responsibilities;
- pay structure and allowances;
- working hours and shift patterns;
- holiday and leave arrangements.
The hirer's remuneration: core of temporary workers' rights
An essential part of temporary workers' rights is the hirer's remuneration (inlenersbeloning). This obligation ensures that a temporary worker receives the same pay as a permanent employee in a comparable position.
The hirer's remuneration consists of:
- the applicable gross salary;
- reduced working hours (ATV/ADV) days;
- allowances for overtime, irregular hours and shift work;
- periodic pay increases;
- expense allowances.
This prevents inequality between temporary workers and permanent employees.
Liability for damage and accidents
Clear rules also apply in the area of liability. As a hirer, you are responsible for damage caused by a temporary worker during the performance of their duties. This liability cannot be transferred to the temporary employment agency.
In addition, as a hirer you are often liable in the event of occupational accidents. Particularly in cases of injury, this can have significant financial consequences. Read more about this on our page on personal injury law.
Working Conditions Act and safety of temporary workers
The Working Conditions Act (Arbowet) applies in full to temporary workers. The rights of temporary workers include a safe and healthy workplace.
In practical terms, this means that as a hirer you must provide:
- a safe working environment;
- clear safety instructions;
- personal protective equipment;
- information about risks before work commences.
For more general information, visit the Dutch Government website on working conditions.
Successive employership and permanent contracts
Do you wish to hire a temporary worker directly after some time? Then you will encounter successive employership (opvolgend werkgeverschap). The period during which the employee worked for you through the temporary employment agency counts towards the chain regulation (ketenregeling).
This may mean that you are required to offer a permanent contract sooner than expected. Legal guidance is often advisable in these situations.
For business-related questions, you can contact our corporate law lawyer.
Conclusion
The rights of temporary workers are extensive and directly affect your obligations as a hirer. From equal pay to safety, and from liability to successive employership: do not underestimate these responsibilities.
Do you have questions about the rights of temporary workers, or are you unsure whether you comply with all regulations as a hirer? Contact the employment law specialists at Arslan Advocaten for clear and practical advice.