New in collective agreement for temporary workers

Does your organisation work with temporary workers or might you want to start doing this? Then it is good to know that a number of laws and regulations have changed on 1 January 2023. There are also some more legislative changes in the pipeline that will take effect on 1 April or 1 July 2023. As a result, the collective agreement for temporary workers has also been amended. As a client, what do you need to take into account now and what is still to come? We list all the adjustments to the collective agreement.

1. Scaling based on work experience

From now on, relevant work experience will be taken into account when scaling temporary workers. For clients, this means the following:

• Even if you do not take work experience relevant to the job into account when scaling employees in your own employment, this does apply to temporary workers. A temporary employee with relevant work experience cannot be placed on the lowest/lowest step of a salary scale. In this case, you consult with the private employment agency and the temporary agency worker about the appropriate classification and step.
• Does a temporary agency worker return to work for you in an (almost) identical position or does he or she come from a user company within the same collective agreement area? Then you base your grading at least on the previous agreements.

Determining work experience

The temporary employment agency always looks at the information - on education, work experience and competences - shared by the temporary worker. If a temporary worker wants an explanation about the grading, the temporary employment agency is obliged to share this information.

2. General wage increases

Periodic increases are the same for temporary and permanent workers. Does a periodic increase depend on the assessment of a temporary worker? Then the following applies:

• Unless the temporary employment agency can prove that the temporary worker received a negative assessment (according to rules and procedures applicable at your organisation), the periodic increase will always be granted.
• Has there been no assessment interview or was this not in time? Then the temporary agency worker will be awarded the periodic increase that is (demonstrably) most common at your organisation.

3. Extension of allowances and expenses

As of 1 July 2023, the following elements will be added to the collective agreement for temporary workers:

Supplements

Temporary workers are entitled to all allowances.

Expense allowances

Temporary workers are entitled to all expense allowances, even if they cannot be paid free of wage tax and contributions. The part of the allowance that is not specifically exempted by law is paid gross. Does the temporary employment agency use the WKR or another similar tax scheme? Then the gross amount brought under the WKR is also the net amount.

4. More clarity on transition compensation

If, according to Section 7:673 of the Netherlands Civil Code, a temporary agency worker is entitled to transition compensation, the private employment agency is obliged to pay this. Has this still not happened one month after the termination of the contract? Then statutory interest is due on the amount of the transition compensation. 

Longer period for request to court

From 1 April 2023, something else will change. If the temporary employment agency does not award the transitional allowance after 1 January 2023 (according to Section 7:673 of the Civil Code), the temporary worker can submit a request for payment to the court. This is allowed up to 12 months after the day the temporary employment contract was terminated. The temporary employment agency cannot invoke the expiry period from Section 7:686a(4)(b) of the Netherlands Civil Code within this period either.

5. Occupational disability adjustment

As of 1 July 2023, a number of things will also change with regard to incapacity for work.

End date of contract after reporting sick

A temporary employment contract with temporary employment clause does not automatically end after a sickness report. In case of incapacity for work, the contract continues in principle until the agreed end date. This was already the case for agency work employment contracts without an agency clause.

Contract terminated by operation of law

If there is no question of incapacity for work, you can terminate the agency work employment contract as a principal ‘by operation of law’ if you no longer want to or can no longer hire a temporary worker for whatever reason.

Payment of wages

In case of incapacity for work, the temporary worker is entitled during the contract (with or without a clause) to:

• 90% of the established wage during the first 52 weeks of incapacity. This must be at least the statutory minimum wage applicable to the temporary worker.
• 80% of the established wage from week 53 to week 104.

Sickness benefit

Does a temporary agency worker in phase A1/A2 leave sick and is entitled to a sickness benefit? Then the private employment agency will supplement the benefit to:

• 90% of the benefit daily wage during the first 52 weeks of incapacity for work. The benefit daily wage is determined on the basis of the Employee Insurance Wage Decree.
• 80% of the determined benefit daily wage from week 53 to week 104.

Waiting day

All temporary employment contracts in phases A1/A2 are subject to one waiting day without waiting day compensation.

6. Minimum duration of agency work employment contracts

As of 1 July 2023, all successive agency work employment contracts (with and without agency clause) with the same user company must be concluded for at least 4 weeks.

7. More say in working hours

Within the applicable rules on working hours and rostering, temporary agency workers will be given the opportunity to indicate their availability. This availability is leading when making a roster. Only if a temporary worker agrees, the schedule can be changed. Temporary workers cannot be obliged to be available for more than agreed in the contract.