Uitzendovereenkomst

The agency work agreement is governed by Article 7:690 of the Dutch Civil Code and is characterised by the triangular relationship between the employment agency as the formal employer, the agency worker as the employee, and the hirer as the party where the work is actually performed. The employment agency remains responsible for entering into and terminating the employment contract, paying wages and discharging employment-law obligations.

This arrangement affords companies flexibility when they require additional personnel on a temporary basis without concluding an employment contract themselves. At the same time, the agency worker enjoys the protection of employment law, including rules on continued payment of wages during illness and the successive fixed-term contracts provision.

In practice, agency work agreements are widely used in sectors such as construction, logistics and healthcare. The hirer enters into a user agreement with the employment agency and pays a fee, while the agency worker performs the work under the direction and supervision of the hirer.