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The new CLA for Temporary Agency Workers

A negotiation agreement has been reached between the ABU and FNV, CNV Vakmensen and De Unie and between the NBBU and the FNV, CNV and De Unie on a new Collective Labor Agreements for Temporary Agency Workers. The collective labor agreements are identical in content. The collective labor agreement concluded by the ABU with the trade unions has come into effect on November 17, 2021, the collective labor agreement concluded by the NBBU has come into effect on January 1, 2022. The new CLA texts are now available and can be consulted on the website of the ABU and the NBBU (so far only in Dutch). On this page you will find the most important changes for 2022 and 2023.

From November 17, 2021

In the event of unworkable weather, the temporary agency worker with an temporary work employment contract with an obligation to continue payment of wages and a fixed working time retains the right to wages.

From January 1, 2022

Pension

  • The waiting period is reduced from 26 weeks to a maximum of 8 weeks worked at a temporary employment agency.
  • The pension base is increased; the pension accrual takes place over a larger part of the income.

Migrant workers

  • Income guarantee equal to the statutory minimum wage for labor migrants who come to work in the Netherlands for the first time and are recruited outside the Netherlands. The income guarantee is valid for a period of 2 months. If the agency work employment contract is concluded for a term of less than 2 months and this has been agreed in advance in the home country (so the temporary agency worker knows it before he comes to the Netherlands), the warranty will be shortened pro rata.
  • The right to an income guarantee lapses if it appears within two weeks after the start of the work that the temporary worker is not functioning properly or is acting culpably. In that case, the labor migrant is protected with a return home guarantee, the option to stay another 5 consecutive nights in the temporary employer’s accommodation and remission of any outstanding debts (with regard to costs incurred for transport from home country to the Netherlands or commuting, housing, health insurance).
  • The temporary employment agency makes clear agreements with the labor migrant in the temporary employment contract prior to coming to the Netherlands.
  • After the end of the work employment contract, the temporary agency worker is given a period of 4 weeks to leave the accommodation that he is renting from the employer. The temporary agency worker pays the rent with a maximum that he has had to pay during the employment.

From January 3, 2022

User company remuneration

  • The user company remuneration is extended with one-off payments. Periodically recurring benefits, such as the end of year bonus, are not included.
  • Home-working allowances has become a part of the user company remuneration (regardless of whether the temporary employment agency can pay this tax-free).
  • The applicable period wage in the scale falls under the user company remuneration. Education and work experience must also be taken into account for the temporary worker, if it is the user company’s policy to take this into account in the classification.
  • Allowances for irregular hours or working under physically demanding conditions has become a part of the user company remuneration.
  • Initial wage increases have to be awarded from the same time and with the same amount as with the user company.

Legal position

  • Phase A has been shortened from 78 weeks to 52 weeks worked.
  • Phase B has been shortened to 3 years and/or max. 6 contracts (instead of 4 years).

Please note; transitional arrangements apply to temporary agency workers who entered employment with a temporary agency before 2022.

From April 1, 2022 (target date)

Collective labor agreement parties will join the Private Supplement to WW (this foundation compensates for the statutory reduction in unemployment benefits). Temporary employers must then pay the employee’s premium for the supplement, so that temporary agency workers are entitled to supplement from this foundation after their unemployment benefits have expired.

From January 2, 2023

User company remuneration

The user company remuneration will be extended with the fixed year-end bonus in accordance with the conditions that apply at the user company.

Legal position

From 2023, weeks worked will also include the weeks in which the temporary agency worker takes paid vacation.

The transitional arrangements that still apply in 2022 for contracts that took effect before 1 January 2022 no longer apply. For phase A, the period of 52 weeks applies to all temporary workers. Phase B will last 3 years for all temporary workers. Exception: A temporary employment contract for a definite period in phase B entered into before November 17, 2021 with an end date on or after January 2, 2023 may be served in phase B, under condition that it does not exceed the maximum term of 4 years.

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Categories Questions Temporary work employment