As a temporary agency worker, you deal with temporary contracts, agency clauses, and changing client companies. But what happens if you want to quit? And what are your rights if the employment agency wants to terminate your employment? In this comprehensive article, the employment law attorneys at Arslan Advocaten explain exactly how the notice period for temporary agency workers works, what your rights are, and which rules apply to the employment agency.
What is the notice period for a temporary agency contract?
The notice period is the legal period that both employee and employer must observe when terminating an employment contract. For temporary agency workers, the notice period depends on:- The phase you are working in (phase A, B, or C according to the ABU or NBBU collective labour agreement)
- Whether there is an agency clause in your contract
- Whether you have a temporary or permanent contract
Different rules for temporary agency workers
The notice periods for a temporary agency contract differ from those of a regular employment contract. This means that the specific rules for terminating your contract may differ from what you may know from a standard employment contract. It is therefore important to know which phase of temporary agency work you are in, so you know where you stand and what rights and obligations you have.Notice period and dismissal rights in phase A (ABU phase 1-2)
With agency clause
Do you have an agency clause in your phase A contract? Then the agreement can be terminated immediately at any time once the work stops. You may also resign at any time, provided you inform the employment agency at least one working day in advance.
Without agency clause
Do you not have an agency clause? Then stricter dismissal rules apply:
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The employment agency may not simply dismiss you.
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There must be a valid reason.
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Dismissal is only permitted through the UWV or subdistrict court.
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You are entitled to dismissal protection as with a regular employment contract.
Right to wages when there is no work (without agency clause)
Is there temporarily no work? In many cases, you are still entitled to continued payment of your wages, unless other arrangements have been agreed in writing at the start of the employment.
Notice period for temporary agency workers in phase B and C
Are you working in phase B or C? Then fixed notice periods apply:
| Length of service | Notice period |
|---|---|
| < 3 months | 7 calendar days |
| 3-6 months | 14 calendar days |
| > 6 months | 28 calendar days |
| Indefinite period | 1 month (unless otherwise agreed) |
For fixed-term contracts, the contract automatically ends on the agreed end date, unless an extension is agreed upon.
Notice period for a permanent contract (phase C)
Are you resigning as a temporary agency worker from a permanent temporary agency contract? Then a notice period of one month generally applies, unless a different period has been agreed in your contract. Always check your employment contract and the collective labour agreement (ABU or NBBU phase C) to see which notice period applies to you. The temporary agency contract often explicitly states whether deviation from this standard period is permitted. Always submit your resignation in writing to the employment agency, so you know exactly where you stand.Notification obligation for contracts of 6 months or longer
For a contract of 6 months or longer, the employment agency must indicate at least one month before the end date whether the contract will be extended. If the agency fails to do so, you are entitled to a notification compensation.
Dismissal and termination in phase C (NBBU phase 4)
Are you working in phase C with a permanent contract? Then the employment agency may only dismiss you:
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In case of summary dismissal (serious reason)
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With permission from the UWV or subdistrict court
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By mutual consent through a settlement agreement
Common reasons for dismissal
The main reasons for dismissal in this phase include:- Disrupted working relationship
- Incapacity for work
- Economic reasons
- Underperformance
- Labour dispute
- Refusal to work
- Being suspended
Even when there is no work, the employment agency is obliged to continue paying your wages, unless you refuse suitable alternative work without a valid reason.
What if the employment agency does not comply with the notice period?
If the employment agency violates the notice period, it is legally obliged to pay a penalty equal to the wages for the period not observed. This is regulated in the ABU and NBBU collective labour agreements.
Right to transition payment as a temporary agency worker
When your temporary agency contract ends, you are often entitled to a transition payment. The main conditions:
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The employment contract must have been valid for at least 24 months (in total).
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The initiative for termination lies with the employment agency.
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For shorter employment periods, a proportional compensation (pro rata) applies.
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The compensation amounts to 1/3 monthly salary per year of service.
The transition payment must be paid within one month after the end of employment.
Notice period for the employment agency itself
For the employment agency, different notice periods often apply:- Phase A (worked for more than 26 weeks): 10 calendar days notice period.
- Phase B and C: standard 1 month notice period, unless otherwise agreed.
Tacit extension when continuing to work after the end date
Do you continue working after the end date without a new contract? Then a tacit extension automatically takes effect. The agreement then continues under the same conditions.
Frequently asked questions (FAQ) about notice periods for temporary agency workers
How long is the notice period for temporary agency workers?
The notice period varies by phase, type of contract, and collective labour agreement. In phase A with an agency clause, you can resign almost immediately. In phase B and C, fixed periods between 7 days and 1 month apply.
Am I entitled to wages if there is temporarily no work?
Yes, unless there is a valid agency clause or other arrangements have been agreed in writing. Without an agency clause, there is generally a right to continued wage payment.
When am I entitled to a transition payment as a temporary agency worker?
When your contract ends on the initiative of the employment agency and you have worked for at least 24 months, a right to transition payment generally arises.
Step-by-step plan: Immediate advice on dismissal as a temporary agency worker
Are you facing an unexpected dismissal situation as a temporary agency worker and do you want to know immediately where you stand? Then follow these simple steps to quickly and free of charge receive clear legal advice about your specific situation.1. Gather relevant documents
Start by collecting important documents, such as your temporary agency contract, any amendment letters, your most recent payslip, and all correspondence with the employment agency. This helps you to receive quick and complete answers during the consultation.2. Schedule a no-obligation intake meeting
Many employment law specialists offer a free and no-obligation first consultation. During this intake, you discuss your situation, present your documents, and can immediately ask your most pressing questions. Look for an employment lawyer or law firm specialised in this area — large unions such as FNV or CNV also often provide initial assistance with dismissal.3. Get immediate insight into your rights
During the first consultation, you usually receive immediate answers to questions such as:- Am I entitled to a transition payment?
- Is the notice period stated by the employment agency correct?
- Should I sign an agreement, or not?
- Can I object to the dismissal?
- Am I entitled to unemployment benefits (WW)?
4. Receive advice on next steps
Based on your situation, you will receive personal advice on the best course of action: negotiate conditions, file an objection, or take immediate action with, for example, the UWV. Experts will also point out your rights and potential pitfalls, so you are in a stronger position.5. Choose the contact method that suits you
Would you prefer to consult directly by telephone, request a callback, or receive advice by email? Most law firms or unions offer multiple contact options so you can get the right help at your own pace. This way, you can be sure that you can take quick and well-informed action in case of dismissal as a temporary agency worker.How legal advice works for temporary agency workers facing dismissal
Are you as a temporary agency worker about to be dismissed, or do you have questions about your rights? A legal process usually follows clear steps, so you know exactly where you stand. 1. No-obligation intake meeting The process usually starts with a free first consultation with an employment law attorney. During this intake, you discuss your situation, have the opportunity to ask questions, and relevant documents (such as your temporary agency contract, correspondence with the agency, or a settlement agreement) are reviewed. 2. Customised analysis and advice After the intake meeting, all information is thoroughly analysed. Based on your contract, contacts with the employment agency, and the regulations from the ABU or NBBU collective labour agreement, you receive clear advice. This includes an assessment of whether the dismissal is legally valid, whether your notice period is being observed, and whether you are eligible for matters such as a transition payment or unemployment benefits. 3. Negotiation with the employment agency If necessary, negotiations can take place on your behalf with the employment agency, for example regarding the amount of the severance payment or the settlement of your contract. The aim is always to achieve the best possible result based on your position within the legal framework. 4. Recording agreements Once an agreement is reached, the arrangements are carefully documented in a settlement agreement or other legal document. This ensures the employment agency can be held to what has been agreed in writing. Want to know exactly what you as a temporary agency worker are entitled to, or do you need immediate help? Engage an experienced employment law attorney who can guide you step by step through this process.How are dismissal conditions negotiated for temporary agency workers?
Is the employment agency terminating your employment? It is often possible to negotiate the terms of your dismissal. This may involve, for example, a departure arrangement, payment of outstanding leave, or a transition payment. An employment law attorney or union can support you in this and ensure that your interests are properly represented. The negotiation process usually proceeds step by step:- First, your situation is legally assessed: are you entitled to additional compensation, is the dismissal valid, are there grounds for better conditions?
- Then your wishes and options are discussed, for example regarding the notice period, the amount of any compensation, and agreements about references or non-compete clauses.
- Subsequently, the parties enter into discussions. This happens in writing or orally, and often multiple contact moments are needed to reach an agreement.
Recording agreements upon termination: the settlement agreement
Have you and the employment agency reached an agreement on the terms of your dismissal? Then these are documented in writing in a settlement agreement. This document contains all agreements made, such as the end date, any compensations, and other rights and obligations. By having both parties sign, it is clear what everyone must comply with, and you can enforce the agreements legally if necessary.Which documents do you need when discussing dismissal as a temporary agency worker?
For good advice on your dismissal situation as a temporary agency worker, it is useful to have a number of documents at hand. Think of:- Your temporary agency contract(s)
- Any settlement agreements
- Correspondence with the employment agency or the client company (for example, emails, letters, or WhatsApp conversations)
- Your payslips and annual statements
- The last work schedule, timesheets, or working hours registration
- Any letters from the UWV or the subdistrict court
Need help? Arslan Advocaten is here for you
Are you as a temporary agency worker confronted with dismissal, uncertainties about your notice period, or is the employment agency refusing to pay your transition payment? The experienced employment law attorneys at Arslan Advocaten are happy to help you. Feel free to contact us for tailored legal advice.