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Should the temporary worker be paid for the manadatory day off of the user company?

For various user companies, certain days, such as Good Friday or the day after Ascension Day, apply as a public holiday or mandatory day off. When the company or department where the temporary worker works is closed, the temporary worker cannot work there on that day.

The temporary worker will not automatically be paid if the user company does not work on this day. These days are not designated as public holidays in the collective labor agreement for temporary workers.

The phase system and other agreements

In phase A (or phase 1-2) the principle applies no work, no wages. Unless there are made other agreements about this in the contract.

Does the temporary worker work in phase B (phase 3) or phase C (phase 4) and has agreed on working hours in his contract? In that case, the employment agency must supplement those hours up to the agreed working hours or put the worker to work elsewhere for those hours. The temporary worker must therefore remain available for any replacement work of the employment agency.

The holiday regulations

An exception may be that the private employment agency has holiday regulations stating, for example, that the mandatory days off of a user company must be taken as a day off.

Articles 26 and 27 of the CLA for Agency Workers

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