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Is it possible for an employment agency to come under a different CLA?

Yes, an employment agency can be subject to a CLA other than the CLA for Agency Workers (ABU CLA or NBBU CLA).

The CLA for Agency Workers does not apply:

  • to employment agencies that fall within the scope of another sectoral collective labour agreement,
  • if the employment agency has been granted exemption (dispensation),
  • if the employment agency assigns less than 50% of the wage bill,
  • to payroll agreements,
  • to intra-group assignments (as from 1 January 2020),
  • to employment agencies that assign workers to employers for more than 50% of the annual wage sum within the meaning of the CLA for Construction & Infrastructure or other CLA that includes a 50% criterion.

Scope
This is a provision in the CLA, stipulating which employers and employees the CLA applies to.

Source:
Articles 1 and 43 of the CLA for Agency Workers

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Categories Questions Temporary work employment