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What is the phase system?

This is the system in which an agency worker accrues more rights the longer he works. Each phase has specific characteristics.

  • The ABU CLA distinguishes phase A, phase B and phase C.
  • The NBBU CLA distinguishes phase 1-2, phase 3 and phase 4.

Phase A or phase 1-2

Phase A or phase 1-2 has a term of 78 weeks worked*. During phase A or phase 1-2, an unlimited number of agency work employment contracts may be entered into.

In phase A/ phase 1-2, the temporary agency worker always works on the basis of an agency work employment contract with agency clause, unless it has been expressly agreed in writing in the agency work employment contract that the agency clause does not apply.

Week worked*: every week in which the agency worker performs actual work.

Phase B or phase 3

Phase B or phase 3 lasts a maximum of four years. During this period, no more than six agency work employment contracts for a definite period of time may be entered into.

In phase B, the temporary agency worker is always employed on the basis of an agency work employment contract without agency clause for a definite period, unless an agency work employment contract without agency clause for an indefinite period has been expressly agreed.

Phase C or phase 4

In phase C or 4, an agency work employment contract is entered into for an indefinite period of time.

Interruptions of the phase system

Interruptions of more than six months between two agency work employment contracts will result in the agency worker dropping down in the phase system. In that case, counting will start from phase A or phase 1 again.

Note!

  • The counting in the phases continues if the temporary agency worker transfers to and starts employment with another private employment agency within the same concern.
  • A temporary agency worker and private employment agency may deviate from the phase system in favor of the temporary agency worker.

Source:
Article 10 of the CLA for Agency Workers

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Categories Questions Employment contract