Agency work: contract phases, employment conditions and illness

Agency work: contract phases, employment conditions and illness

As an agency worker, you usually work for a hirer while the agency is your employer. Instructions, time records and wage payments therefore pass through different organisations. An assignment ending does not automatically end every agency contract. Your rights depend on written arrangements, the applicable cao, contract phase and actual events. Always ask which part ends: the assignment, wage payments or employment itself.

The agency is usually the contractual employer; the hirer organises the workplace.

Ask about cao, phase, agency termination clause and continued wages before an assignment stops.

According to the government, the new statutory standard of at least equivalent conditions starts on 31 December 2026; cao arrangements can apply earlier.

1. Map the three-party relationship

Keep the agency contract and assignment confirmation naming the hirer, role, hours and pay. Ask who communicates rota changes and how worked hours are approved. The hirer may give daily instructions, while wage and contract questions usually go to the agency. A team leader saying not to come tomorrow therefore does not itself constitute lawful termination.

Also check whether this really is agency work or, for example, payroll employment or another arrangement. The commercial name on a website does not decide. Moving between agencies for the same work can involve successive employment. Provide your complete work history when having the phase or contract chain assessed.

2. Cao and contract phase determine many details

Agency collective labour agreements can use phase systems giving additional rights as you work longer. Names and exact rules depend on the applicable cao and version. Ask which cao applies and why. A standalone online chart may be outdated or belong to another agency. Check worked periods and gaps carefully.

Particularly read provisions on the agency termination clause, exclusion of continued wages and successive contracts. An agency termination clause may, under conditions, connect the assignment ending to the contract ending. It is not unlimited authority to dismiss anyone at any moment without explanation. If invoked, request the specific basis and relevant cao article.

3. Compare wages and employment conditions

The law protects agency workers through comparison with employees in equal or equivalent roles at the hirer. Consider wages, supplements, working times, breaks, overtime and leave. Ask which role and pay scale were used. Do not compare only net hourly pay: expenses, reserves, increments and irregular-hours supplements can distort the picture. Request a written calculation for unclear items. The hirer must disclose its employment terms to the agency before placement. Ask the agency which supplied information underlies your grade, pay step and supplements so that discrepancies can be traced to the right source.

The government states that the new statutory standard of at least equivalent employment conditions enters into force on 31 December 2026. This remains future law on the checking date. An agency cao may already include equivalent conditions earlier. Have the applicable cao wording assessed and distinguish current legislation, current cao and future legislation. A future statutory date does not exclude an existing cao right.

4. Deductions, housing and records

Request a complete payslip and check every deduction separately. For housing, transport, insurance and advances, the agreement and applicable limits must be clear. A signature does not make every deduction lawful. Keep housing arrangements separately too; losing work may practically affect accommodation, but the legal assessment is not automatically the same.

The agency may not charge a fee or other consideration merely for supplying you to work. Ask exactly what unclear charges cover. Keep your own time records even where the hirer approves them electronically. If records change, ask which hours were amended and why. Clear records are especially important when working for several hirers within one pay period.

5. If the assignment stops

Immediately ask in writing whether only the assignment ends or also the employment contract, from which date and on what basis. If employment continues, continued wages and offered alternative work need assessment. Availability for suitable assignments may matter. Keep demonstrable records of contact availability and responses to new proposals.

Where termination is claimed, check advance notification, notice period and possible transition payment. Contract type and cao may affect these differently from an ordinary fixed-term job. Do not accept a general final statement with full and final settlement before entitlement is clear. Promptly seek advice about a doubtful agency clause; a legal deadline may run while you wait for another assignment.

Example: the hirer removes your shift

The hirer says you should not return on Monday. Ask the agency whether employment continues and which work or wages follow. Removing you from a rota does not answer the contract question.

6. Reporting sickness and leaving while ill

Report sickness under the procedure to both agency and hirer. Keep confirmations and the first sick day. Continued wages or sickness benefit depend on the contract, cao and whether employment legally ends. Do not assume that reporting illness itself ends employment.

When leaving while ill, ask who notifies UWV and which reintegration documents are needed. General government guidance distinguishes continuing contracts from other situations; the cao can determine details. Discuss medical information with the occupational physician, not every planner. Even in flexible work, recovery and suitable-work arrangements must be specific and feasible.

7. Safety and assistance with a dispute

The hirer is responsible for a safe workplace and instructions; the agency must inform you of working conditions beforehand. Ask about machinery, protective equipment and risks before unfamiliar duties. Record incidents or unsafe conditions with both organisations. Divided responsibilities do not make the issue something for which nobody is accountable.

For a wage or contract dispute, start with a written enquiry to the agency and relevant rotas and arrangements. Reporting breaches to the Netherlands Labour Authority may be appropriate but does not automatically produce an individual payment. Protect the civil route and deadlines too. An insurer, trade union or employment adviser can help identify the correct party and claim.

Keep agency contract, assignment confirmation and cao version.

List phases, worked periods and gaps.

Check comparison role, supplements and deductions.

When an assignment stops, ask about employment and wages in writing.

Report sickness to both organisations and keep confirmation.

Can I join the hirer directly?

Statutory rules on restrictions, agency-hirer arrangements and your contract may matter. Have any claimed penalty or prohibition checked. Do not assume every commercial agreement can block your move.

Must the hirer pay my salary?

Usually the agency pays as employer. Report an error there with hours and assignment details. Liability of other parties may exist in some situations but needs separate assessment.

Does illness automatically end my contract?

Do not assume this as a general rule. Contract, cao, agency clause and facts determine the outcome. Ask for the legal basis of termination and arrange the sickness benefit route promptly where necessary.

Do the new flexible-work rules apply in October 2026?

Not all of them. The government states 31 December 2026 for the new statutory equivalence standard for agency conditions and 1 January 2028 for other reforms. Existing cao arrangements can create earlier rights.

Sources and editorial notes
Sources current as of: October 17, 2026
1. Rijksoverheid: agency workers’ employment conditions
Publisher: Rijksoverheid
https://www.rijksoverheid.nl/documenten/vraag-en-antwoord/arbeidsovereenkomst-en-cao/welke-arbeidsvoorwaarden-heb-ik-als-uitzendkracht
2. Rijksoverheid: illness during agency work
Publisher: Rijksoverheid
https://www.rijksoverheid.nl/themas/werk/vakantiedagen-en-vakantiegeld/vakantiedagen/vraag-en-antwoord/ziekteverzuim-van-het-werk/wordt-mijn-loon-doorbetaald-als-ik-als-uitzendkracht-ziek-ben
3. Rijksoverheid: commencement dates of the new flexible-work legislation
Publisher: Rijksoverheid
https://www.rijksoverheid.nl/actueel/nieuws/2026/07/08/meer-zekerheid-voor-mensen-met-een-flexcontract
4. Rijksoverheid: successive employers and the contract chain
Publisher: Rijksoverheid
https://www.rijksoverheid.nl/themas/werk/hervormingen-arbeidsmarkt/passende-contractvorm/vraag-en-antwoord/arbeidsovereenkomst-en-cao/wanneer-verandert-mijn-tijdelijke-arbeidscontract-in-een-vast-contract
The source publications are in Dutch. All language editions cover Dutch law.