Payrolling / Temporary work constructions

Temporary agency work in brief

The staffing agency is the formal employer; the hirer directs the work in practice. The law provides for an initial period of 26 weeks with flexible contracts and the agency clause.

After that, the normal chain rules apply, unless the CAO offers more room.

The agency clause

The agency clause automatically ends the employment contract when the hirer stops the assignment, within the first phase. Wording and timing need to be correct.

We review contracts and provide guidance in disputes over valid termination.

ABU/NBBU collective agreement

Practically all staffing agencies fall under the ABU or NBBU collective agreement: agency-worker pay, pension, allowances. We assess compliance and disputes.

See CAO law and secondment for related constructions.

Agency-worker pay

After phase A, agency-worker pay often applies: equal pay to the hirer's permanent employees. Mistakes lead to unpaid wages and claims.

Illness and dismissal of an agency worker

The agency bears the wage and dismissal risk during illness. The hirer sometimes wants to end the assignment while the agency keeps paying; contracts need to regulate that.

Payrolling versus agency work

Payrolling resembles agency work but carries different legal risks. We determine which construction fits your deployment.

Sham constructions

Pseudo agency work or incorrect application of a CAO attracts the Labour Inspectorate. We flag risks before a fine follows.

Agency work and the works council

Large-scale deployment can trigger works council advice or consent. We connect this to the right of participation.

Moving to permanent employment

Long-term deployment can trigger the chain rule or a transfer of undertaking. We guide the takeover by the hirer.

International agency work

Cross-border agency work adds the Posted Workers Directive and foreign rules to the mix.

Our practice in real life

Agencies, hirers and HR call us when setting up a construction, or with a dispute over phase, illness or agency-worker pay; we deliver the contract and the strategy.

A practical first step

A question about agency work, a contract review or a dispute? Get in touch via contact or call +31 10 249 24 44.

The employer perspective on temporary work constructions

As an employer, you want predictable costs, manageable risks and documentation that holds up under inspection or in a dispute. We translate temporary work constructions into concrete steps for HR, management and supervisors, with templates where that helps.

That prevents ad hoc decisions that are later challenged or lead to unnecessary proceedings.

The employee perspective on temporary work constructions

As an employee, you want to know what you are entitled to and which steps make sense before you sign or start proceedings. We review documents, negotiate terms and guide proceedings when necessary.

Executives, professionals and skilled workers value our direct line and clear explanations, including in English.

Documentation and evidence

In temporary work matters, email, minutes, contracts and arrangements all count, not just formal letters. We take stock of what the parties actually agreed and what burden of proof applies in negotiation or proceedings.

Strong documentation strengthens your position early in the process.

Works council, trade union and CAO

Collective rules via the works council, a trade union or CAO law can shape temporary work constructions. We determine which procedures are mandatory and prepare advice requests or consent processes.

Mistakes in employee participation make decisions vulnerable to challenge later.

Negotiating vs litigating

Not every dispute over temporary work constructions has to go to court. Mediation or targeted negotiation can be faster and cheaper; we give you honest advice on which route fits your goal and the relationships involved.

If proceedings are needed, we build a file that holds up before the subdistrict court or the UWV.

International and group context

International groups, holding structures and expats add secondment clauses, foreign entities and English-language contracts to the mix. We review temporary work constructions in a group context and coordinate with foreign counsel where needed.

Due diligence and transactions

In an acquisition, merger or reorganisation, temporary work constructions play a role in due diligence: which claims, which contracts and which staff risks come along? We flag issues early so the purchase price and warranties are correct.

Current developments and case law

Temporary work constructions follow new legislation and case law. We keep advice and templates up to date with the current line, so you don't rely on outdated strategies that no longer hold up in 2026.

Working with HR and advisers

HR, payroll, tax advisers, occupational health services and company doctors are often involved in temporary work matters. We coordinate legal steps with your internal team and external advisers, one consistent line, no conflicting advice.

First step on temporary work constructions

Do you have a specific question about temporary work constructions? Get in touch via contact or call +31 10 249 24 44. We discuss scope and planning transparently before we start, often the same working day if the matter is urgent.

See also secondment and CAO law for the broader framework.

Practical checklist for temporary work constructions

For temporary work matters, we start with facts, goal and deadlines. We take stock of documents, talk to HR or management, and set out a first route during the intake, whether negotiation, proceedings or compliance steps.

That way you know exactly what is on your plate for the coming week.

Fees and planning

We discuss scope and fees in advance. For temporary work constructions we often work on a project basis or hourly rate, transparent, with no surprises on the invoice afterwards.

Sørensen Advocaten in practice

Our practice shows that clients mainly seek help with concrete conflicts and looming deadlines. We combine speed with careful documentation, built on years of experience in labour and corporate law.

Sørensen Advocaten and temporary work constructions

For temporary work matters, employers, HR and professionals bring us in for fast review, documents and negotiation. We work from Rotterdam for clients across the Netherlands, with fixed points of contact and short lines of communication. Get in touch via contact or call +31 10 249 24 44 if you have a specific question.

Agency work and secondment compared

Secondment and agency work resemble each other but differ in CAO, risk and contracts. We advise on which form fits your deployment and sector.

Agency contracts

We draft the employment contract, the hirer agreement and general terms and conditions, aligned with ABU/NBBU and inspection requirements.

Dispute between hirer and agency

In the event of a conflict over costs, illness or termination, we analyse the contracts and actual direction of the work. Negotiation or proceedings follow from that analysis.

Current developments in agency work law

CAO changes, agency-worker pay and enforcement remain in motion. We keep contracts and compliance up to date for agencies and hirers, before an inspection or a claim from agency workers arises.

That keeps your construction predictable in 2026.

Agency work and reorganisation

In reorganisations and the phasing out of agency-worker pools, the works council, the social plan and individual terminations all play a role together. We coordinate legal steps for both agency and hirer.

That prevents duplicate claims and unclear liability afterwards.

Pension and agency workers

The Stichting Pensioenfonds Uitzendkrachten (the temporary staff pension fund) and CAO agreements determine pension contributions. We assess compliance and disputes over withholding and payment, relevant for long-term deployment and at the end of an assignment.

Agency work and incapacity for work

Illness of an agency worker affects the agency, the hirer and sometimes the WGA risk. We guide continued payment of wages, reintegration and termination within that triangular relationship.

Phase B and C

After the first phase, chain rules and often agency-worker pay apply. We calculate when the phase changes and what rights then apply, essential in cases of long-term deployment with the same hirer.

We document phase changes for both agency and hirer so payroll and contracts stay in sync.

When do you need a lawyer?

When setting up an agency-work construction, or facing a dispute over the agency clause, agency-worker pay, illness or an inspection.

Our approach

Contracts and CAO compliance tailored to the practice of temporary agency work.