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TEMPORARY AGENCY WORK

Temporary agency work involves a number of labour law and contractual aspects. The provision of employees to a company requires specific knowledge and strategic advice for the many steps along the way. Not only because the laws and regulations are complex, but also because it is a specialisation and the rules governing agency work depart from ordinary law in certain respects. Knowledge of the flex market and an overview of all relevant aspects are a must.

THAT IS WHY YOU ENGAGE US

We specialise in issues relating to the ABU and NBBU collective agreements and we assist temporary employment agencies and payroll companies in disputes with, among others, the SNCA, trade unions, StiPP, the Dutch Labour Standards Foundation (SNA) and the Dutch Social Affairs and Employment Inspectorate (Inspectorate SZW). In addition to providing advice and conducting legal proceedings, we draft watertight contracts.

OUR FIELDS OF EXPERTISE

CONTRACTS AND REGULATIONS

• (Agency work) Employment contract
• Employment contract
• Contract for services and works contract
• Contract for self-employed workers without employees
• Staff manual, codes of conduct and regulations
• General terms and conditions
• Assessing general terms and conditions of clients (legal review)

SICKNESS

• Sick employee
• Occupational disability
• Own risk bearer

WORKING CONDITIONS

• Working Conditions Policy
• Working week
• Social security

DISMISSAL

• Settlement Agreement
• Termination of employment contract or temporary assignment contract
• Reorganisation, collective dismissal and redundancy package
• Dismissal with immediate effect

Collective agreement (CAO)

• Subject matter, application and scope of the Collective Agreement of the Dutch Federation of Private Employment Agencies (ABU-CAO), the Collective Agreement of the Dutch Association of Intermediary Organizations and Temporary Employment Agencies (NBBU-CAO) and the collective agreement for temporary agency workers (application of user company remuneration, among other things).
• Stichting Naleving CAO voor Uitzendkrachten (Foundation for Compliance with the Collective Agreement for Temporary Employees) (SNCU)
• Scope of application of collective agreements and scope of application investigations

Pension

• Mandatory Statutory Pension Fund for Personnel Services (StiPP)
• Scope of application of pension schemes and scope of application investigations

Liability

• Penalties pursuant to the Dutch Placement of Personnel by Intermediaries Act (Waadi), the Dutch Foreign Nationals (Employment) Act (Wav), the Dutch Working Hours Act (Atw), the Dutch Working Conditions Act (Arbo) and the Dutch Minimum Wage and Minimum Holiday Allowance Act (Wml)
• Vicarious tax liability and joint and several liability
• Dutch Labour Market Fraud (Bogus Schemes) Act (Was)

international

• Cross-border employment
• International secondment
• Posting of Workers Directive, Enforcement Directive and Posted Workers in the European Union (Working Conditions) Act (WagWeu)
• Applicable law and international procedure

Privacy and competition

• General Data Protection Regulation (GDPR) / privacy
• Non-compete clause and non-solicitation clause, confidentiality, protection of intellectual property, recruitment and penalty clause

Other

• Setting up employment agencies
• Drawing up checklists
• Dutch Balanced Labour Market Act (Wab)
• Employment conditions / remuneration
• ET scheme / Conversion of employment conditions (extraterritorial costs)
• Transfer of undertaking
• Collection
• NEN certification / PayOK quality mark
• Contracting of work
• Acquisition / merger