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Rights as a temporary worker - what does the law say? | Claim.Cafe

Redactie 5 min read 25 Mar 2026 2 times read
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As a temporary worker, you have the same basic rights as other workers. You are entitled to fair pay, safe working conditions and social security. How far those rights go depends on how long you have been working and which phase of the agency work agreement you are in.

What are my rights as a temporary worker?

As a temporary worker, you have the same basic rights as other employees. You are entitled to a fair wage, safe working conditions and social security. The extent of these rights depends on how long you have been working and which phase of the temporary employment collective agreement you are in.

Last checked: March 2026. Legal information is subject to change — always check the current legislation at wetten.nl.

What does the law say?

Temporary work is subject to special regulations in the Netherlands. You work through a temporary employment agency, but you carry out your work at another company. That other company is called the hirer. So, in effect, you have two parties above you.

The basis is set out in the Civil Code. Article 7:690 of the Civil Code (check this article on wetten.nl for the most up-to-date version) defines the temporary employment contract. This is a special form of employment contract. The temporary employment agency is your employer — even though you work elsewhere.

In addition, the ABU collective agreement or the NBBU collective agreement plays a major role. These are collective agreements specifically for temporary workers. Almost all temporary employment agencies fall under one of these collective agreements. These collective agreements determine many of your rights in practice.

What are you always entitled to?

  • The statutory minimum wage. This applies from day one.
  • Payment of holiday pay — at least 8% of your gross pay.
  • Safe working conditions under the Working Conditions Act.
  • Protection against discrimination in the workplace.
  • The right to pay if you are available but there is no work — in certain phases.

The law operates a so-called phase system. The longer you work, the more rights you accrue. In phase A, you have the least protection. In phases B and C, you build up greater security. After a certain period, you may even become entitled to a permanent contract.

Article 7:691 of the Dutch Civil Code (check this article on wetten.nl for the most up-to-date version) sets out when a temporary employment contract ends. In phase A, the temporary employment agency can simply let you go as soon as the assignment ends. This is known as the temporary employment clause. This clause lapses after a certain number of weeks worked.

Furthermore, the Temporary Employment Act (WTZA) sets rules for temporary employment agencies themselves. Temporary employment agencies must register and meet quality requirements. This protects you as a temporary worker.

When does this apply to you?

Your rights as a temporary worker depend heavily on your situation. Here are the key factors.

How long have you been working? The temporary employment collective agreement operates in phases. Phase A applies to the first 78 weeks worked. In this phase, your position is most vulnerable. The temporary employment clause is active — this means your contract ends automatically when the assignment ends.

After 78 weeks, you move to phase B. You will then be given fixed-term contracts. A maximum of 6 contracts over 4 years. After that, you are entitled to a permanent contract with the agency — provided you continue to work there.

I have been working for the same company through the same agency for years. Am I entitled to a permanent contract? You might be. The chain provision in the Civil Code also applies to agency workers in phase B. Check how many contracts you have had and how long the periods were. A lawyer can work this out for you.

Do I earn the same as permanent staff? This is an important point. The law stipulates that, over time, you are entitled to the same pay as comparable permanent staff at the client company. This is known as the client remuneration principle. It already applies in phase A — at least for the core components of pay, such as the hourly rate, allowances and benefits that are normally also paid to permanent staff.

I have fallen ill whilst working as a temporary worker. What now? In phase A, your entitlement to continued pay in the event of illness is more limited than under a permanent contract. Nevertheless, you are entitled to sickness benefit via the UWV. In phase B, the temporary employment agency has an obligation to continue paying your wages in the event of illness — just as with other employers.

I work in the Netherlands through a foreign temporary employment agency. In that case, Dutch rules still apply if you are working in the Netherlands. The Balanced Labour Market Act and the European posting rules offer you protection. Check whether the agency is registered in the WTZA register.

Step-by-step guide — what can you do now?

  1. Check your phase. Count how many weeks you have already worked through the agency. Are you in phase A, B or C? This determines what rights you have.
  2. Read your contract. Does it contain a temporary employment clause? Which collective labour agreement (CLA) applies to you — ABU or NBBU? Your agency must state this.
  3. Check your pay. Are you earning at least the statutory minimum wage? Do you receive holiday pay? Are the allowances in line with those of permanent colleagues?
  4. Ask for the collective agreement. Your agency is obliged to give you access to the applicable collective agreement. Read what it says about your rights.
  5. Report abuses. Are you being underpaid or deployed in unsafe conditions? Report this to the Dutch Labour Inspectorate. You can do so anonymously.
  6. Seek legal advice. Are you unsure about your contract or employment status? Have a lawyer or trade union review it. This is often free if you are a member of a trade union.
  7. Take legal action if necessary. Is your employment agency not paying you what you are owed? Then you can take the matter to the small claims court. Sometimes this is easier than you think.

Common mistakes

  • Thinking you have no rights. Many agency workers are unaware that they are entitled to equal pay, holiday pay and continued pay in the event of illness. This certainly applies — even if you are only working on a temporary basis.
  • Allowing the temporary employment clause to run for too long. The temporary employment clause expires after a certain number of weeks. If you are still working after that, you have more rights. But many workers do not know when this point has been reached.
  • Doing nothing when you fall ill. If you fall ill during phase A, report sick to the agency and apply for sickness benefit through the UWV in good time. If you wait too long, you’ll miss out on your benefit.
  • Agreeing to lower pay than permanent colleagues. In principle, the client’s remuneration applies from the start. Do not sign a contract in which you waive this right, unless you know exactly what you are signing.
  • Failing to check whether the agency is registered. If you work through an unregistered agency, you run additional risks. Check the register on the government website.

Frequently asked questions

As a temporary worker, am I entitled to the same pay as permanent staff?

Yes, in principle you do. The law requires temporary employment agencies to pay you the ‘hired-in wage’. This means the same basic salary, allowances and benefits as comparable permanent staff at the company where you work. Check that this is being applied correctly in your case.

Can my agency simply dismiss me?

In phase A, yes, via the temporary employment clause. As soon as the assignment with the client ends, your contract ends automatically. This is painful but legally permitted in this phase. If you are in phase B or C, stricter dismissal rules apply — just as they do for regular employees.

What happens if I fall ill as a temporary worker?

Report your sickness to your temp agency immediately. In Phase A, you are often not entitled to continued pay from the agency, but you can apply for sickness benefit through the UWV. In Phase B, the temp agency is obliged to continue paying your wages — just as with a regular employer. For more information, visit uwv.nl.

When am I entitled to a permanent contract as a temporary worker?

After Phase A (78 weeks), you move to Phase B with temporary contracts. If you are still working in Phase B after a maximum of 6 contracts or 4 years, you are entitled to a permanent contract with the agency. In some cases, the rules of the chain provision in the Civil Code may also require a permanent contract to be offered earlier.

Which collective labour agreement (CLA) applies to me as a temporary worker?

Most temporary workers are covered by the ABU collective agreement or the NBBU collective agreement. Your agency determines which one applies. The agency is obliged to inform you of this and to give you access to the text of that collective agreement. If you are unsure, ask your contact person at the agency in writing.

Relevant legal provisions

  • Section 7:690 of the Dutch Civil Code — definition of a temporary employment contract (check wetten.nl for the most up-to-date version)
  • Article 7:691 of the Dutch Civil Code — temporary employment clause and termination (check wetten.nl for the most up-to-date version)
  • See the Civil Code for the exact provisions regarding the chain provision in fixed-term employment contracts
  • See the Temporary Employment Act (WTZA) for registration obligations of temporary employment agencies
  • See the Working Conditions Act for rules on safe working conditions
  • See the Minimum Wage and Minimum Holiday Allowance Act for wage standards

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