Frequently asked questions

A temporary employment contract is an employment agreement between three parties: the temporary worker, the employment agency, and the client (the company where the temporary worker will actually work). A temporary employment contract stipulates that the temporary worker will perform duties for the client but is formally employed by the employment agency. The employment agency acts as the employer of the temporary worker and is responsible for matters such as wage payment, contractual obligations, and social insurance. The temporary employment contract is often flexible in nature, meaning it is temporary and can end once the project or assignment is completed.

It is not possible to work for a temp agency without an employment contract. An employment contract is a legal requirement and governs the rights and obligations of both the employer (the temp agency) and the employee (the temporary worker). Without a valid employment contract, the work would be in breach of employment law.

Both temporary agency workers and zero-hours contract workers are often employed on a flexible basis, but there are some differences.

Temp worker

1. Via a recruitment agency: A temporary worker typically works through a temp agency. The temp agency is the formal employer and places the temporary worker with various clients.

2. Longer periods: Temporary workers can work for the same client for longer periods, depending on the nature of the work and the needs of both the employment agency and the client.

3. Employment contract A temporary worker has a formal employment contract with the employment agency, which sets out the rights and obligations.

On-call agent

1. Variable hours A zero-hours contract worker is employed based on labour demand. Working hours can vary significantly and are often dependent on the employer's needs.

2. No permanent employment contract In some cases, a zero-hours worker may not have fixed hours or a permanent employment contract. Instead, there may be a 'zero-hours' contract where hours are filled flexibly.

3. Flexible and versatile Call centre workers are usually called in when extra work is needed. They often have no guarantee of a minimum number of hours per week.

Yes, temporary staff typically also have a notice period, but this can vary depending on various factors, including the country, the specific employment contract, and the agreements between the staffing agency and the temporary staff member. Here are some general considerations:

1. Temporary employment contract The notice period for temporary agency workers is often determined in the temporary employment contract between the temp agency and the temporary agency worker. Within Upforce, a standard notice period of 1 month is applied. However, this can vary depending on the collective labour agreement (CAO).

2. Legal provisions: In some countries, there are legal provisions that stipulate the minimum notice period for all employees, including temporary workers. These can vary and depend on the length of employment.

3. Collective Labour Agreement (CLA) Sometimes notice periods are also influenced by collective labour agreements (CLAs) that apply in certain sectors. These agreements are often negotiated between employers and trade unions and contain provisions on terms and conditions of employment, including notice periods.

In the Netherlands, working through a temp agency is regulated by the so-called ‘phase system’. This system, established in the Wet allocatie arbeidskrachten door intermediairs (Waadi), divides the employment agreements into three phases: A, B, and C. Each of these phases has specific characteristics regarding terms and conditions of employment and rights. Here is a brief overview:

1. Stage A

   • This is the introductory phase and typically lasts for the first 78 working weeks (approximately 1.5 years) of the temporary employment contract.
   • During phase A, there is a termination clause, which means that the temporary employment contract can be terminated at any time by the employer due to the withdrawal of the assignment by the client.

2. Stage B

   • Phase B follows directly after Phase A and has a maximum duration of four years (unlike Phase A, where the temporary worker can work for a maximum of 78 weeks).
   • In phase B, the temporary employment clause no longer applies, but the temporary employment agreement can still be terminated without reason.
   • After 26 weeks of employment in phase B, the temporary worker is entitled to continued pay during illness.

3. Stage C

   • Phase C comes into effect after Phase B or after the expiry of the four-year term.
   • In phase C, the same employment conditions apply as for employees employed by the client, such as the right to redundancy pay upon termination of employment.
   • The temporary worker has more rights and stability in terms of work and income in phase C.

It is important to note that these phases only apply to temporary employment contracts in the Netherlands and are specifically related to the staffing industry. Employees directly employed by a company do not fall under this phased system.

A payslip for a temporary worker contains various details and information about salary and deductions. Although the specific format can vary between employment agencies, a standard payslip often includes the following information:

1. Personal data

   • Name and address of the temporary worker.
   • Date of birth and, if applicable, the citizen service number (BSN).
   • The period to which the payslip relates.

2. Glove components

   • Gross pay The total salary before deductions.
   • Net wage The amount the temporary worker ultimately receives after deduction of taxes and other withholdings.
   • Holiday pay Accrued holiday pay, often shown as a percentage of gross salary.

3. Hours and rates

   • Number of hours worked.
   • The hourly rate.
   • Any surcharges for overtime, night work, or specific tasks.

4. Deductions

   • Income tax The amount withheld for taxes (income tax and national insurance contributions).
   • Employee insurance premiums: Deductions for social insurance schemes such as unemployment benefit (WW) and Work and Income Reintegration benefit (WIA).
   • Pension contribution Any contributions to pension building.
   • Health insurance premium The amount deducted for health insurance.

5. Cumulative data

   • Cumulative year-to-date amounts, such as total hours worked, gross and net pay, and deductions.

6. Employer contributions

   • Any employer contributions to social insurance.

7. Other information

   • Any expenses, if applicable.
   • Any other allowances, such as travel expenses.

Yes, both gross and net income are listed on a payslip. Here are the definitions of both terms:

1. Gross income

   • The gross income on a payslip represents the total salary an employee earns before any deductions.
   • This includes the basic salary or hourly wage, any allowances (e.g. overtime or night work), holiday pay, and other taxable reimbursements.

2. Net income

   • The net income on the payslip indicates the amount the employee ultimately receives after deducting taxes and other withholdings.
   • This includes the amount actually deposited into the employee's bank account.

The payslip shows various deductions that have been subtracted from gross income, such as taxes, social security contributions, pension contributions, and any other deductions. The difference between gross and net income therefore indicates the total amount of deductions made.

The term SV (social insurance days) or SVW (social insurance act) typically refers to days for which social insurance contributions are calculated. In the Netherlands, social insurance contributions are payable on, among other things, the wages earned by an employee. These contributions help to finance social insurances such as national insurances (AOW, Anw, AKW) and employee insurances (WW, WIA, ZW).

ET allowances are often shown on payslips for temporary workers who are registered for tax in another country. The employer and employee can agree that part of the gross salary is exchanged for a reimbursement of extraterritorial (ET) expenses. This allowance is tax-exempt, resulting in a higher net salary for the flex worker.

An extraterritorial (ET) arrangement is a specific tax scheme applied to labour migrants who are temporarily working in a country other than their country of original tax residency. This can be relevant for international companies seconding employees to another country.

As part of an ET scheme, a portion of the migrant worker's income is designated as extraterritorial, meaning it does not fully fall under the tax legislation of the country of employment. This is done to take into account the specific circumstances of international employees.

Which collective labour agreement (CLA) applies to temporary agency workers can vary and depends on several factors, such as the type of work being performed, the sector in which the temp agency operates, and the specific agreements between the temp agency and any trade unions. Here are some possible scenarios:

1. ABU (General Association of Employment Agencies): If the temporary employment agency is affiliated with the ABU, the ABU-cao apply. This collective labour agreement contains agreements on terms and conditions of employment and rights for temporary workers falling under the ABU. Upforce is affiliated with the ABU.

2. NBBU (Dutch Association of Intermediary and Staffing Agencies): Some employment agencies are affiliated with the NBBU and fall under the NBBU-cao. This is another collective labour agreement that contains specific agreements for temporary agency workers.

3. Sectoral collective labour agreement Depending on the sector in which the employment agency operates, a specific sectoral collective labour agreement may also apply. These collective labour agreements may contain different terms and conditions of employment and arrangements, depending on the sector.

It is important to know that not all temporary staff are covered by a collective labour agreement (cao). The cao often applies if the temp agency and/or the client company is a member of an industry organisation such as ABU or NBBU, which enters into these cao’s.

Temporary agency workers can find information about the applicable collective labour agreement in their employment contract, with the employment agency itself, or by contacting the trade unions that may be involved in the sector in which they work.

No, as an individual temporary worker, you generally have no direct say in which collective labour agreement (cao) applies to you. The choice of a specific cao is usually determined by the employment agency you are affiliated with and the sector in which the employment agency operates.

Both the NBBU (Dutch Association of Intermediary and Employment Agencies) and the ABU (General Association of Employment Agencies) are trade organisations for employment agencies in the Netherlands. Both organisations have their own collective labour agreement (CLA) that applies to temporary staff working via employment agencies affiliated with them. Here are some differences between the NBBU CLA and the ABU CLA.

ABU-cao

1. Trade association ABU represents a large number of employment agencies and is one of the leading trade organisations in the employment sector.

2. Contents of the collective labour agreement. The ABU collective labour agreement contains agreements on employment conditions and rights for temporary agency workers who work through employment agencies affiliated with the ABU. This includes matters such as salary, holiday days, pension schemes, and other employment conditions.

3. Temporary employment clause in phase A: In the ABU collective labour agreement, an "uitzendbeding" (a clause allowing for early termination) can be included in Phase A (the initial phase of a temporary employment contract), meaning that the temporary employment contract can be terminated at any time due to the withdrawal of the provision of services by the client.

NBBU-cao

1. Trade association The NBBU also represents employment agencies, but often has a focus on small and medium-sized employment agencies.

2. Contents of the collective labour agreement. The NBBU Collective Labour Agreement also includes provisions concerning the terms of employment and rights for temporary agency workers who work through employment agencies affiliated with the NBBU. This includes, but is not limited to, salary, holiday days, and pension schemes.

3. Temporary employment clause in phase A: As with the ABU collective labour agreement, the NBBU collective labour agreement in phase A may include a postponement clause.

Although there are similarities, the specific terms and conditions can differ between the ABU collective labour agreement and the NBBU collective labour agreement. It is important for temporary agency workers to be aware of the collective labour agreement that applies to them, as this affects their employment conditions and rights.

Yes, it is possible to negotiate your hourly wage as a temporary worker. Although temporary workers often work under the terms of an employment agency, this does not mean that the hourly wage is not negotiable.

The salary you receive when you start working for a temp agency can vary and depends on several factors.

1. Function and sector The type of work you do and the sector you are active in can influence salary levels. Some sectors offer higher wages than others.

2. Experience and skills Your level of experience and specific skills can also play a role in determining salary. Generally, employees with more experience and specialised skills are often paid better.

3. CAO and terms of employment The employment agency may be bound by a specific collective labour agreement (CLA) that governs salaries and working conditions. The CLA may contain specific provisions on wages, allowances, and other remuneration.

4. Broadcast phase In the Netherlands, temporary agency workers are categorised into different phases (A, B, C) according to the Wet allocatie arbeidskrachten door intermediairs (Waadi). Salary and terms of employment may vary depending on the stage you are in.

5. Negotiation and market conditions In some cases, there is room for negotiation on salary. You can discuss your salary expectations with the recruitment agency and explore possibilities for adjustments.

As a temporary worker, you are entitled to continued pay during illness, but the arrangement can vary depending on the duration of the illness and the stage of the temporary employment contract. Here are some important points:

1. Stage A:

   • In the first 26 weeks of employment (or the first 78 weeks of employment if the employment contract includes a probationary period), there is generally no obligation to continue paying wages during illness. You will typically receive a sickness benefit from the UWV (Employee Insurance Agency).

2. Phase B and Phase C:

   • After the first 26 weeks (or after the first 78 weeks if there is an agency clause in the employment contract), the obligation for the employment agency to continue paying wages during illness generally applies. The employment agency must then continue to pay wages in accordance with the applicable collective labour agreement or employment contract.

3. Employment contract and collective labour agreement

   • The specific rules concerning continued payment during illness may vary depending on the individual employment contract and the collective labour agreement that the employment agency falls under. It is important to consult the relevant documents for detailed information.

If you are ill, it is essential to follow the agency's sickness reporting procedure and report your sickness as soon as possible. This way, the agency can take the appropriate steps regarding continued pay and any further support.

In the Netherlands, certain rules and protections apply to employees, including temp workers, regarding illness and dismissal. It is generally not permitted to dismiss an employee solely due to illness. Here are some important points:

1. Period of sickness:

   • During illness, there is a prohibition on dismissal. An employer, including a temp agency, may not dismiss an employee due to illness during the first two years of sickness.

2. Reintegration

   • During the period of illness, both the employer and the employee are expected to commit to reintegration. Together with the employee, suitable work and opportunities for recovery should be explored.

3. Dismissal after two years of illness:

   • After two years of illness, a situation may arise where the employment contract is terminated. This can happen if the employee is still ill and there is no prospect of recovery or reintegration in the future. In this case, the temp agency may proceed to terminate the employment.

Yes, temporary agency workers are entitled to continued payment of wages during holidays. This right is enshrined in law, specifically in the 'Wet allocatie arbeidskrachten door intermediairs' (Waadi), and applies to all phases of the temporary employment contract.

Here are some important points regarding holiday days and continued pay for temporary agency workers:

1. Holiday days Temporary workers are entitled to holiday days. The number of holiday days may vary depending on the number of hours worked and the duration of the temporary employment contract.

2. Payment during holiday: During the recorded holiday days, the temporary worker is entitled to continued payment of wages. This wage includes the basic salary and any allowances.

3. Holiday day reservation: In some cases, holiday days are not paid out directly but are reserved in a so-called holiday allowance. This can be paid out separately or taken as holiday days.

4. Holiday pay As well as continued payment of wages during holidays, temporary agency workers are also entitled to holiday pay. This is an additional payment, usually paid out annually, and is based on the wages earned.

It is important that temporary staff review the rules concerning holiday days and wage continuation in the employment contract or collective labour agreement applicable to the temping agency.

Yes, the phase an agency worker is in does affect their pension accrual. The Wet allocatie arbeidskrachten door intermediairs (Waadi) The broadcasting agreement regulates and divides it into different phases: phase A, phase B and phase C.

Here is a general overview of how pension accrual is usually arranged in the different phases:

1. Stage A:

   • In the first phase (Phase A), which can last a maximum of 78 working weeks, pension accrual is not compulsory. Temporary agency workers in this phase often fall under the basic scheme of the StiPP pension fund (Stichting Pensioenfonds voor Personeelsdiensten).

2. Phase B:

   • From the 79th week up to and including the 104th week (Phase B), temporary agency workers generally have a right to pension accrual. The pension premium is often partly paid by the employer (the temporary employment agency) and the temporary agency worker.

3. Stage C:

   • In Phase C, which begins after week 104, pension accrual will continue to apply. Temporary agency workers accrue pension according to the terms of the collective labour agreement and the pension fund.

It is important to consult the specific rules and conditions laid down in the collective labour agreement (cao) under which the temporary employment agency falls. The pension fund (such as StiPP) also has detailed information on pension accrual for temporary agency workers.

StiPP stands for Stichting Pensioenfonds voor Personeelsdiensten. StiPP is a pension fund specifically established for the temporary employment sector in the Netherlands. The aim of StiPP is to offer temporary employment staff the opportunity to build up a pension during their work in the temporary employment sector.

Key features of the StiPP pension scheme include:

1. Mandatory participation Temporary workers covered by the StiPP scheme are required to participate in the pension fund. This applies to temporary workers in Phase A (first 78 weeks) and Phase B (between week 79 and week 104).

2. Premium payment Both the temporary worker and the employer (the employment agency) pay premiums for pension accrual. The premium is split between the employer and the employee.

3. Pension accrual During participation in StiPP, temporary agency workers build up a pension. The amount of pension build-up depends on the income and the duration of participation in the pension fund.

4. Phase allocation: StiPP's pension scheme is linked to the different phases of the temporary employment contract. Temporary staff in Phase A and Phase B are covered by StiPP's basic scheme.

5. Pension choices StiPP offers temporary workers some flexibility when making choices regarding their pension, such as whether or not to continue pension accrual when switching to another employer.

The ability for temporary workers to choose their own accommodation can vary depending on the policy of the employment agency they work with. In some cases, employment agencies offer accommodation as part of their services, and in such instances, they may present options from which temporary workers can choose.

Upforce offers accommodation for all its temporary staff. We always try to find suitable accommodation based on the temporary staff member's work location.

Housing for temporary workers in the Netherlands must comply with certain rules and standards to ensure the safety and liveability of the accommodation. These rules are laid down in the Wet allocatie arbeidskrachten door intermediairs (Waadi). Upforce has, among other things, the SNF quality mark What is important for employment agencies to have when housing migrant workers.

1. Basic standards Housing must meet basic standards for safety, health, and habitability. This includes, among other things, requirements relating to fire safety, hygiene, and space.

2. Fire Safety Measures must be taken to make housing fire-safe. This may include, among other things, the installation of smoke detectors, fire extinguishers, and emergency exits.

3. Hygiene The housing must meet hygienic standards, including cleaning and sanitary facilities. There must be sufficient sanitary facilities available, appropriate to the number of residents.

4. Living room There must be sufficient living space and sleeping space for the occupants. Overcrowding must be avoided.

5. Registration Employment agencies are obliged to ensure that the addresses where temporary staff are housed are correctly registered. This is important for communication, postal delivery and accessibility.

Upforce has its own fleet of (electric) bicycles, cars, vans, and even a coach. Of course, this depends on the distance to the work location and the number of temporary staff who need to go to a specific location. This is always discussed in mutual consultation with the temporary staff to see what best suits their situation. View our here transport offer.