Is every employment agency obliged to apply the CLA?
If an employment agency is a member of the ABU or NBBU employers’ organisation, the associated CLA must be applied. In other words, the ABU CLA applies to ABU members and the NBBU CLA applies to NBBU members. As from 30 December 2019, the wording of these CLAs will be the same. If an employment agency is not a member of the ABU or NBBU and the CLA for Agency Workers has been declared generally binding, the employment agency is obliged to apply this CLA. Only in periods in which no mandatory CLA applies does an employment agency that is not a member of the ABU or NBBU not need to apply the CLA.
As of June 1, 2021, the provisions of the Collective Labor Agreement for Temporary Agency Workers have not been declared generally binding.
This means that employment agencies that are not members of the ABU or the NBBU do not normally have to apply the Collective Labor Agreement for temporary workers during this period (depending on what has been agreed in the individual contract of the employee).