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Can an agency work employment contract be terminated in the interim?

An agency work employment contract with an agency clause may be terminated prematurely and with immediate effect by both the agency worker and the employment agency.

Only if the agency work employment contract with agency clause has been in place for more than 26 weeks, is the employment agency obliged to notify the agency worker about the termination at least 10 days in advance. This does not apply in the event of illness.

An agency work employment contract for a definite and indefinite period of time may at all times be terminated prematurely and with due observance of the statutory notice period, unless premature termination is explicitly excluded (for example 4 weeks agency employment contracts).

Important! Premature termination by the employer must be legally valid*.

Legally valid*

  • After approval from the work placement branch of the Employee Insurance Agency (UWV WERKbedrijf) and with due observance of the statutory notice period;
  • Termination may also be legally valid when terminating during a probationary period or;
  • In the event of dismissal with immediate effect (summary dismissal). In these instances, no notice period applies.

The statutory notice periods can be found in Section 7:672 of the Dutch Civil Code (included at the back of the CLA booklet). They are at least one month.

Source:
Article 15 of the CLA for Agency Workers

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Categories Questions Employment contract