Do you work through an employment agency and something goes wrong? Dismissal, wage problems, illness, or an accident? Then this question always comes up:
who is actually my employer? The employment agency or the company where you work?
For many young people, this is unclear — and employers and employment agencies sometimes take advantage of this.
In this blog, we explain simply and clearly who your employer is, who is responsible for what, and what you can do when parties point at each other.
You work for two parties – how does that work?
As a temporary agency worker, you usually deal with:
the employment agency
the hiring company (the company where you work daily)
That feels confusing, but legally the distinction is important.
Who is legally your employer?
👉 In most cases, the employment agency is your employer.
This means the employment agency is responsible for:
your wages
your pay slips
your contract
continued wage payment during illness (in many cases)
formal dismissal
Even though you work at the hiring company every day.
What is the role of the hiring company?
The hiring company is responsible for:
day-to-day supervision
the workplace
safety on the work floor
instructions and oversight
If something goes wrong on the work floor, the hiring company can be liable, even though they are not your formal employer.
"It's not us, it's the employment agency"
You hear this often. And the other way around too:
employment agency points to the hiring company
hiring company points to the employment agency
👉 That should not become your problem.
The responsibilities are clearly divided.
What about wages and payment?
Problems with:
insufficient wages
missing hours
no holiday pay
👉 Then you usually need to go to the employment agency.
They pay you and must do so correctly.
What about dismissal or not being called in?
Here too, it usually applies:
the employment agency terminates the contract
not the hiring company
But:
are you simply let go without a clear explanation?
Then the dismissal is often not legally valid, especially without a valid agency clause.
What about illness?
In case of illness:
you report sick according to the rules
the employment agency is responsible for wages
"then we won't schedule you anymore" is not simply allowed
Especially with young people, this often goes wrong.
What about a workplace accident?
Then the situation may be different:
the hiring company is often responsible for safety
the employment agency also has duty of care obligations
In some cases, both parties can be liable. This makes it important not to accept a rejection too quickly.
Common misunderstandings among young people
"I have no rights because I'm a temporary agency worker"
"I don't know who to turn to"
"They point at each other, so I'll just leave it"
"They're probably allowed to do that"
That is a shame. Agency work arrangements are strictly regulated by law.
What should you do if you're stuck between two parties?
Use this step-by-step plan:
Check who your contracting party is
Save your contract, messages, and pay slips
Ask questions in writing
Do not accept vague answers
Have a legal assessment of who is responsible
It often turns out that you have more rights than you were told.
Are you unsure who your employer is?
Are you:
a student
a young person with flexible work
and are you getting nowhere because parties point at each other?
Then have it checked. It often turns out that:
one party is clearly responsible
you are entitled to wages or protection
rejections are given too easily
👉 Feel free to contact us to have your situation assessed.