Many young people work through an employment agency. That feels flexible, but also creates uncertainty. Especially when you suddenly hear that you no longer need to come in. Many temporary agency workers then think: "They're probably allowed to do that."
That is often not the case.
In this blog, we clearly explain when dismissal of a temporary agency worker is permitted, when it is not, and what you can do immediately if you are let go.
Are you actually an employee as a temporary agency worker?
Yes. As a temporary agency worker, you have employment rights.
You have an employment contract with the employment agency and work at a hiring company (the company where you actually work).
This means, among other things:
right to wages
right to protection against unjustified dismissal
right to equal treatment
right to safe working conditions
So you are not without rights, even though your contract works differently than for permanent employees.
The phases in temporary agency work (important)
Temporary agency contracts work with phases. The most well-known are:
Phase A
often the first period
sometimes with an agency clause
more flexibility for the employment agency
Phase B
multiple temporary contracts
no agency clause anymore
more dismissal protection
Phase C
permanent contract with the employment agency
👉 Which phase you are in is crucial for the question of whether dismissal is permitted.
What is an agency clause?
With an agency clause, your contract automatically ends if:
the hiring company stops the assignment
you become ill (in some cases)
But note:
the agency clause must be agreed in writing
it does not apply indefinitely
it is regularly incorrectly applied
Especially with young people, this is often abused.
When may a temporary agency worker be dismissed?
That depends on your contract and phase:
with a valid agency clause: sometimes immediately
without an agency clause: not just like that
in Phase B or C: dismissal rules apply almost fully
Are you simply let go without explanation or written confirmation?
Then that is often not permitted.
Common situations where things go wrong
We frequently see with young people:
"The client is not satisfied, so you don't need to come anymore"
dismissal via WhatsApp
stopping work without pay
dismissal after calling in sick
dismissal after asking questions about pay or safety
In many of these cases, the temporary agency worker does have rights.
Are you entitled to wages after dismissal?
That can certainly be the case, for example if:
the agency clause is invalid
the contract was not legally terminated
the employer made errors
Then the employment agency may be obligated to:
continue paying wages
pay compensation
What should you do immediately as a temporary agency worker?
Follow this step-by-step plan:
Request your contract and phase classification
Ask in writing why you are being let go
Save messages, schedules, and pay slips
Respond quickly and do not simply agree
Have a legal assessment of whether the dismissal is correct
Acting quickly is important. If you wait too long, you can lose rights.
Common mistakes by temporary agency workers
thinking the employment agency is always right
not daring to ask questions
not filing objections
assuming that "flexible" means "no rights"
That is not the case. Precisely in agency work, mistakes are made.
Do you doubt whether your dismissal is justified?
Are you:
a temporary agency worker
a student
a part-timer
a young person with flexible work
and have you been dismissed or let go?
Then have your situation checked. It often turns out that:
the dismissal is not correct
you are entitled to wages or compensation
the employment agency acted too hastily
👉 Feel free to contact us for an assessment of your situation.