Notice Period for Temp Workers: What Are Your Rights?

As a temporary agency worker, you often work on the basis of temporary contracts, but what if you want to quit your job? Terminating a temporary agency agreement works differently from a regular employment contract. In this article, we explain exactly how the notice period for temporary agency workers works, what your rights are, and what the rules are for the employment agency.

What is a notice period?

A notice period is the period that you as an employee or employer must observe before an employment contract officially ends. For temporary agency workers, the length of the notice period depends on the phase in which you are working and the type of temporary agency agreement that you have.

Agreements on notice periods between the employment agency and the hiring company

Not only temporary agency workers, but also the employment agency and the hiring company (the company where you work) make mutual agreements about notice periods. These are the rules that determine when and how quickly an assignment can be terminated by the hiring company. In practice, the following agreements are common:

• Fixed notice period: For assignments without an end date, a notice period usually applies, often for example fifteen calendar days. This gives the employment agency time to adjust the planning.
• Interim termination for fixed-term contracts: If you have an assignment for a fixed period, it may be stipulated that interim termination is not possible — unless something else has been agreed in writing.
• Specific conditions: Sometimes special agreements are made, for example about a longer or shorter notice period, depending on the industry, the type of work, or the duration of the assignment.

These agreements are recorded in the contract between the employment agency and the hiring company. It is good for you as a temporary agency worker to know that these agreements can affect when your assignment ends. You can always ask the employment agency which agreements apply in your situation.

Resigning as a temporary agency worker

Do you want to terminate your temporary agency agreement yourself? Then it is important to know which phase you are in:

• Phase A (first 78 weeks): In this phase, there is usually no notice period. You can terminate your agreement at any time with immediate effect, as long as you inform the employment agency at least one working day in advance. This way, they can arrange a replacement in time.
• Phase B and C: In these phases, the rules are stricter and the notice period depends on the type of agreement:
  • Fixed-term temporary agency agreement:
  • Less than 3 months employed: 7 calendar days notice period
  • 3 to 6 months employed: 14 calendar days notice period
  • More than 6 months employed: 28 calendar days notice period
  • Indefinite-term temporary agency agreement: In principle, a notice period of 1 month applies, unless something else has been agreed in your contract.

Being dismissed as a temporary agency worker

A notice period does not only apply to you; the employment agency must also follow the rules when they want to terminate the agreement:

• Phase A: The employment agency applies a notification period that varies depending on the number of weeks worked:
  • 0 to 12 weeks: no notice period
  • 12 to 26 weeks: 5 days notice period
  • 26 to 52 weeks: 10 days notice period
  • 52 to 78 weeks: 14 days notice period
• Phase B and C: Has the employment agency concluded a fixed-term temporary agency agreement with you? Then a notice period of 1 month usually applies. In addition, the employment agency often has to apply for a dismissal permit from the UWV. For an indefinite-term contract, a notice period of 1 month usually also applies, unless otherwise stipulated in the contract.

This way you know exactly where you stand as a temporary agency worker when you want to stop, or when the employment agency terminates your agreement.

Notice period for temporary agency workers in Phase A

In Phase A (also referred to as phases 1 and 2 according to the ABU collective labour agreement), you often work with an agency clause. This means that as a temporary agency worker, you can terminate your agreement at any time without having to observe a notice period. The only thing you need to do is inform your employment agency at least one working day in advance, so that they can arrange a replacement in time. Please note: your rights and obligations differ per phase and depend on the presence of an agency clause. Therefore, always check carefully which contractual phase you are in and whether an agency clause is included. This way you know for sure where you stand if you want to stop working through the employment agency. Choose your situation carefully, because in the following phases (B and C), stricter rules and different notice periods apply.

What is an agency clause?

An agency clause is a special provision in your contract that means your employment contract ends immediately if the client stops the work, or if you decide to stop yourself. This offers a lot of flexibility, both for you and for the employment agency. Please note: the agency clause only applies as long as it is actually included in your contract and you are still in Phase A. Once you move into Phase B or C, other and stricter rules apply for terminating your agreement. In short: In Phase A, you can usually stop easily and quickly, but it is important to always check whether the agency clause is included in your contract. If you do not have an agency clause, other notice periods may apply.

How does the agency clause work?

Most temporary agency workers in Phase A have an agency clause in their contract. This means that your temporary agency agreement automatically ends when the client (the 'hiring company') decides to terminate the assignment. You therefore do not have to follow a formal notice period. Please note: you only receive pay for the hours actually worked; when the work stops, your pay also stops.

What if there is no work for you?

With an agency clause, you have no right to pay if there is no work — unless the employment agency has not notified you in writing that the agency clause applies. This notification must be received by you upon commencement of employment, for example in your contract or by email. Did you not receive it? Then in certain situations you may still be entitled to pay during unemployment.

Unlimited number of contracts

In Phase A, you can receive an unlimited number of new contracts, both with one company and with different clients. Only after a maximum of one year do you move on to Phase B (or Phase 3), after which other rules apply for contracts and notice periods. How long does Phase A last? Phase A is the first phase of your temporary agency contract and lasts a maximum of 1 year. After this period, you automatically move on to the next phase, namely Phase B.

Your rights with a Phase A (phase 1 and 2) contract without an agency clause

Do you work as a temporary agency worker in Phase A — also known as phases 1 and 2 — and is there no agency clause in your contract? Then your rights are arranged just a little differently than for temporary agency workers with an agency clause. Protection against dismissal Without an agency clause, the employment agency cannot simply dismiss you on the spot. Just as with a regular temporary contract, you have more protection against dismissal. Does the employment agency want to terminate your contract? Then they must follow the statutory rules for termination, and you cannot be put out on the street without a valid reason. What if there is temporarily no work? If the company where you work temporarily has no assignment for you, it is important to know whether you are entitled to continued payment of your wages:

• The employment agency must notify you in writing (for example in your contract or by email) whether they will continue to pay you if there is no work.
• If nothing has been officially agreed? Then you may still be entitled to wages during these so-called 'intervals'.
• If it is explicitly stated in writing that they will not continue to pay, that usually applies. But note: this must have been discussed and recorded at the start of your employment.

Are you in doubt about whether you are entitled to wages when there is no work, or have you been dismissed without a clear reason? As always: when in doubt, seek advice from an employment law specialist — that can save a lot of frustration and financial damage.

Notice period for temporary agency workers in Phase B and C

When you are in Phase B or C, stricter rules apply for the notice period. These rules differ depending on how long you have been employed:

• Less than 3 months employed: notice period of 7 calendar days.
• 3 to 6 months employed: notice period of 14 calendar days.
• More than 6 months employed: notice period of 28 calendar days.

What exactly do Phase B and C entail? Phase B (also known as Phase 3) follows Phase A and lasts a maximum of 3 years or 6 contracts. In this phase, you have a fixed-term temporary agency contract and the agency clause is usually no longer applicable. Phase C (or Phase 4) begins once you have worked for the same employment agency for four years. You then receive a permanent contract for an indefinite period. These phases not only determine your notice period, but also indicate how secure your work is and what rights you have within temporary agency work. For indefinite-term employment contracts, a standard notice period of one month applies for temporary agency workers, unless something else has been agreed in your contract.

Notice period for employment agencies

Different rules apply for employment agencies. When a temporary agency worker is in Phase A, the employment agency must observe a notice period of 10 calendar days upon dismissal if the temporary agency worker has worked for more than 26 weeks. The notice period for the employment agency in Phase A depends on how long you have already worked:

• 0 to 12 weeks worked: no notice period for the employment agency.
• 12 to 26 weeks worked: the employment agency must observe a notice period of 5 days.
• 26 to 52 weeks worked: the notice period is 10 days.
• 52 to 78 weeks worked: the employment agency must observe a notice period of 14 days.

These rules ensure that as a temporary agency worker, you do not suddenly find yourself without work from one day to the next, depending on how long you have been employed. In Phase B and C, a notice period of one month applies for the employment agency, regardless of whether it concerns a fixed-term or indefinite-term agreement.

Your rights upon dismissal without an agency clause

Do you not have an agency clause in your contract? Then the employment agency cannot simply terminate your employment. In that case, you are better protected: your employment agency must follow the statutory rules for dismissal, just like any other employer. This often means that you can only be dismissed with a valid reason, for example due to economic circumstances or underperformance, and that the UWV or the subdistrict court must give permission for the dismissal. If you are unexpectedly dismissed while you do not have an agency clause, you can object and may be entitled to a transition payment or other rights.

When can you be dismissed in Phase C (or Phase 4)?

In Phase C — sometimes also called Phase 4 (according to the NBBU collective labour agreement) — as a temporary agency worker, you usually have an employment contract for an indefinite period. This means that you cannot simply be dismissed; the employment agency must follow strict rules. You can only be dismissed in the following situations:

• Summary dismissal: This is only allowed for serious reasons, for example if there is theft or fraud.
• Dismissal with permission from the subdistrict court or the UWV: The employment agency must have a good reason for dismissal, such as economic circumstances or long-term incapacity for work. Approval must first be obtained from the UWV or the court.
• Termination by mutual consent: Sometimes you make clear agreements together through a settlement agreement about ending the employment.

In short: in Phase C, your legal position is stronger. You cannot simply be shown the door — there must always be a (legally permitted) justification.

Your rights when there is no work for you (without an agency clause)

But what if there is temporarily no work at the client, and you do not have an agency clause in your contract? In that case, as a temporary agency worker, you are in a much stronger position. The employment agency cannot simply send you home without pay. In principle, you are entitled to payment as long as your employment contract continues — even if there is temporarily no work. The employment agency must also clearly indicate at the start of your employment whether or not you will continue to be paid if there is no work. If this has not been recorded in writing (for example in your employment contract or by email) and you remain at home without work and without salary, you may still be missing out on money to which you are entitled. Are you in doubt about whether everything is going according to the rules? Then it is wise to contact an employment lawyer, or for example visit a trade union such as FNV or CNV. They can tell you exactly what your rights are in specific situations.

What are your rights when there is no work in Phase C (or Phase 4)?

It may happen that there is (temporarily) no work for you when you are in Phase C of your temporary agency agreement, i.e. with a contract for an (in)definite period without an agency clause. In that situation, your employment agency remains obliged to continue paying your full wages. You are therefore entitled to your normal salary, even if you are currently not being sent to a client. Please note: during this period, the employment agency may offer you other, suitable work. This is also known as substitute work. If this position reasonably matches your abilities and employment conditions, you are obliged to accept the offered work. Refusal may have consequences for your continued wage payment. In summary, it comes down to this:

• You retain the right to your full salary, as long as you are available for work and the contract is running.
• If offered suitable work, you are obliged to accept it, provided it is reasonable given your experience and position.

For specific situations or doubt, it is wise to always check your collective labour agreement or contract conditions carefully, or — if necessary — seek advice from your trade union or legal advisor.

What if you start directly in Phase B or Phase 3?

Do you start as a temporary agency worker directly in Phase B (or Phase 3, for example under a different collective labour agreement) and skip Phase A (or phases 1 and 2)? In that case, the notice periods and other agreements that belong to Phase B or 3 apply immediately. You therefore do not have to go through the Phase A/1-2 trajectory first: you start directly with the longer notice periods that apply in Phase B/3. It may also be the case that certain protections and rights that only commence in these phases apply to you immediately. Are you in doubt about your situation or the type of contract you started with? Always check your employment contract carefully and consult the collective labour agreement that applies to your industry, such as the ABU or NBBU. This way you know for sure which rules apply to you.

What if there is temporarily no work for you in Phase B or 3?

It can happen that there is temporarily no work for you when you are working in Phase B or 3. In that case, you do not need to worry about your income: your employment agency remains obliged to continue paying your full wages as long as your contract is running. This is called the continued wage payment obligation. The employment agency can offer you suitable (other) work in the meantime, for example with a different client. You are then obliged to accept any reasonable offer of other work. You may only refuse if the work truly does not match your position, education, or experience. Please note: did you start directly in Phase B without first working through Phase A? Then different rules may apply. Therefore, always check your contract and the corresponding collective labour agreement carefully, or seek advice from a lawyer if you are in doubt.

What if there is no work and you have an agency clause?

It may happen that there is (temporarily) no work for you at the client. If your contract includes an agency clause (as is customary in Phase A), this means that your temporary agency agreement ends immediately once the work stops. You then have no right to wages for the period that you are not deployed. Please note: Your employment agency must clearly and timely inform you — for example in your contract or via email — that the work is stopping and the agency clause applies. If they fail to do this, and you formally remain employed, then in some cases you may still be entitled to continued payment of wages. Are you in doubt about your situation? Then consult someone with knowledge of employment law or contact trade union FNV or CNV for advice on your rights.

Are you entitled to a transition payment as a temporary agency worker?

Many temporary agency workers wonder whether they are entitled to a transition payment when their contract ends. The answer is: yes, in most cases, you are entitled to this as a temporary agency worker. If you are dismissed by the employment agency or your temporary agency agreement is not renewed, you may receive a transition payment. This also applies when your contract is not renewed after the expiry of Phase B or C. There are conditions attached to this payment. For example, as a temporary agency worker, you must be at least 18 years old and your employment contract must have lasted at least 24 months. Even for shorter periods of employment, you are now often entitled to a (proportionally calculated) payment. Exceptions exist if you resign yourself or are seriously culpable, but in practice this usually means that at the end of your employment you can claim a transition payment from the employment agency. The amount of the transition payment depends on the number of years of service and the salary. The employment agency is obliged to pay the compensation no later than within one month after the contract has ended. This way you receive financial compensation if you involuntarily find yourself without work.

Within what period must you apply for a transition payment?

Since 1 April 2023, it has been stipulated in the collective labour agreement for temporary agency workers that you have more time to claim your transition payment. You do not need to worry that your right will expire after three months: if your temporary agency agreement has been terminated, you have up to twelve months to submit a request to the court for payment of the transition payment. It is therefore important to keep a close eye on this deadline. This way you prevent losing your right to compensation because the period has expired.

What if you continue working after the end date?

Do you have a temporary agency contract with a clear end date and do you simply continue working after this date has passed? In that case, an automatic extension of your temporary agency agreement is created, also known as a 'tacit renewal'. This means that your employment relationship continues under the same conditions as your previous contract, unless other agreements have explicitly been made with the employment agency. It is therefore wise to consult with your employment agency after your contract has expired, so that you know where you stand and prevent surprises.

When does the employment agency need a dismissal permit from the UWV?

If it concerns a fixed-term temporary agency agreement and the employment agency wants to terminate it prematurely, then the employment agency is obliged to first apply for a dismissal permit from the UWV. Only once this permit has been granted may the employment contract actually be terminated, taking into account the notice period of one month. This way, your rights as a temporary agency worker are protected against unjust dismissal.

How are agreements about dismissal recorded?

If you and your employer make agreements together about ending your employment, these are always recorded in writing to prevent misunderstandings. This usually happens in a settlement agreement. This sets out in black and white what you have agreed, such as the termination date, any compensation, or other conditions. This way, both parties can be held to the agreements made and it is clear who is entitled to what. It is wise to check such an agreement carefully and — if necessary — seek legal advice from, for example, the Juridisch Loket (Legal Aid Desk) or trade union FNV, so that you know exactly where you stand.

How does the negotiation process about dismissal conditions work?

The negotiation process upon dismissal is about finding the most favourable conditions for you as a temporary agency worker. This process usually begins with a meeting between you, your employment agency, and/or the employer, in which all interests are put on the table. Think of matters such as the amount of any severance payment, the settlement of outstanding holiday days, and agreements about the end of your contract. Often several meetings are needed before both parties agree on all the conditions. During these negotiations, it is important to remain calm and to know your rights according to the ABU or NBBU collective labour agreement. Sometimes there will be some back and forth between proposals until everyone agrees on the final arrangement. A few tips to keep in mind:

• Always put your agreements on paper, so that there is no ambiguity.
• Do not be afraid to ask questions or seek advice, for example from the Juridisch Loket (Legal Aid Desk) or trade union FNV.
• Check carefully whether all agreements made are in line with the collective labour agreement and your contract.

Once an agreement has been reached, the agreements made are officially recorded and you can move on — hopefully with peace of mind.

What happens if the notice period is not respected?

If the employment agency does not observe the notice period, it is obliged to pay a fine equal to the wages of the temporary agency worker. This is stipulated in the collective labour agreement rules of the ABU and NBBU. Conversely, the same applies: if you as an employee do not respect the notice period, the employment agency can claim compensation.

What is checked during legal advice about dismissal?

When you receive legal advice about a (proposed) dismissal, a number of important points are carefully examined. You will gain clarity about:

• Severance payment: Whether the proposed compensation is fair according to the statutory rules and collective labour agreement provisions.
• Working-out period: Whether you still need to work and if so, for exactly how long.
• Settlement agreement: Whether it is complete and legally watertight, so that you are not faced with surprises.
• Unemployment benefit rights: Whether — based on the agreed arrangements — you are entitled to unemployment benefits.

In addition, it is checked whether all agreements made are in line with the rules from, for example, the ABU or NBBU collective labour agreement and employment law in general. This way you know for sure that you are not missing out on any important rights and that you can take your next step well prepared.

What is legal advice based on in cases of dismissal?

In legal advice in dismissal situations, your personal situation and the relevant documents you provide are taken as the starting point. Common points of attention are examined, such as the amount of any severance payment, the arrangements regarding the working-out period, and whether the settlement agreement has been drawn up completely and legally valid. An assessment is also made of whether you are eligible for unemployment benefits and whether your rights under the collective labour agreement and relevant legislation are properly safeguarded. By carefully examining what has been recorded in your contract and correspondence, you can expect targeted and tailored advice that matches your specific situation.

What does legal support for dismissal look like?

Are you considering seeking legal advice as a temporary agency worker regarding dismissal? Then that process usually proceeds in a number of clear steps:

• Introductory meeting: It starts with a non-binding and free intake meeting with an employment law attorney, such as at Arslan Advocaten. In this meeting, you discuss your situation and receive an initial assessment of your case.
• Collecting documentation: You will be asked to send relevant documents, such as your temporary agency contract, any settlement agreement, or email correspondence with the employment agency. This helps the lawyer to assess your position.
• Assessment and advice: Based on your information, the lawyer or attorney analyses your file. You receive advice on, for example, the notice period, transition payment, the completeness of the settlement agreement, and your possible entitlement to unemployment benefits.
• Negotiation: If there is room for better conditions, the attorney can negotiate on your behalf with the employment agency. The goal is always to achieve the most favourable arrangement for you.
• Recording agreements: Once both you and the employment agency agree with the proposed arrangements, these are recorded in writing. This way you know for sure where you stand and you can hold the employment agency to the agreements.

This approach ensures that as a temporary agency worker, you can be certain that your rights are being safeguarded and that you do not overlook any important matters.

Which documents do you need for legal advice regarding dismissal?

If you want to seek legal advice about your dismissal situation, it is helpful to be well prepared. Collect the following documents in advance:

• Your employment contract or temporary agency agreement
• Any settlement agreement (if applicable)
• Correspondence with your employer or employment agency, such as emails or letters about the dismissal
• Your payslips from recent months
• Collective labour agreement or supplementary employment conditions that apply to you

With these documents, an employment law attorney or legal advisor can carefully assess your situation and give you targeted advice. This way you can be sure that you do not overlook anything and you are in a stronger position throughout the process.

How does an intake meeting for legal support proceed?

When you seek legal support regarding dismissal, the process usually begins with an intake meeting. During this meeting, you discuss your personal situation and can ask all your questions about the termination of your employment. Your side of the story is listened to attentively and you are given space to explain everything. To provide good advice, you will be asked to bring or send relevant documents. Think of your employment contract, any settlement agreement, and email correspondence between you and your employer. Based on this information, an employment law attorney, such as those at Arslan Advocaten, can carefully assess your situation and provide you with targeted legal advice.

Frequently asked situations

• No work, but still wages? In Phase B and C, you are entitled to wages if the work falls away. In Phase A, only if you do not have an agency clause and the agency has not recorded in writing that you have no right to continued wage payment.
• Terminating a contract early Always check carefully whether your contract can be terminated early and pay attention to the notice periods. Sometimes it is explicitly stated in your contract that early termination is not possible.

Conclusion

It is important as a temporary agency worker to be well informed about your rights and obligations when terminating your contract. Depending on the phase in which you are working, the notice periods may differ. Would you like to know more about your specific situation or receive advice on employment law? Then contact the employment law attorneys at Arslan Advocaten for tailored legal advice.

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• Call us Our team of employment law attorneys is ready for you. Call on working days and receive an immediate answer to your urgent questions.
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Whether you have just received a dismissal proposal, have questions about your current contract, or want to know in advance where you stand: expert advice is always close by and without obligation. This way you know exactly what your rights are and what steps you can best take.