Temporary work agency agreement

General information on temporary agency work

• Collective labour agreement for temporary agency workers

  Temporary work through an agency is covered by the Collective Labour Agreement for temporary agency workers. Projob (the temporay agency that is under contract to VU Amsterdam) is a member of the General Association of Temporary Work Agencies (ABU), to which this Collective Labour Agreement applies. The salary paid for temporary agency workers by the hiring organisation is also governed by the Collective Labour Agreement for temporary agency workers. Accordingly, temporary agency workers at VU Amsterdam are entitled to the same gross salary (including general salary adjustments) and allowances for overtime work as VU Amsterdam employees working in equivalent positions.

• Phase system

  Temporary agency work is subject to a maximum period of 4 years, after which the agency is obliged to offer temporary agency workers a permanent employment contract. This period can be completed in the service of a single client or it can be the sum total of periods spent working for a number of different clients. Temporary agency work is carried out in accordance with the so-called phase system, during which time the temporary agency worker gradually acquires various rights. The longer a person works for a temporary work agency, the more secure their employment status.

  • Phase A (also called 1-2).
    The temporary agency worker is in phase A until they have worked for the same agency for more than 52 weeks. 
  • Phase B (also called 3).
    The temporary agency worker enters phase B if employment is continued after the completion of phase A, or if a new temporary agency agreement is drawn up by the same agency within a period of six months after the completion of phase A. Phase B takes a maximum of 3 years and during this phase no more than 6 temporary work agency agreements can be drawn up without a temporary agency contract clause. 
  • Phase C (also called 4).
    The temporary agency worker enters phase C if a temporary work agency agreement without a temporary agency contract clause is continued after the completion of phase B, or if a new temporary work agency agreement is drawn up by the same temporary work agency within a period of six months after the completion of phase B. 

  Counting in the phases continues in the event that a temporary agency worker switches to and enters into a temporary work agency agreement with another temporary work agency within the same corporation. 

  Projob will contact VU Amsterdam when a temporary agency worker has completed phase A and is commencing phase B. Temporary agency workers cannot enter the service of VU Amsterdam until they have completed at least 988 hours of work in the capacity of temporary agency worker with a temporary work agency. You are advised to give Projob advance notification of any intention to change the status of a temporary agency worker into that of an employee of VU Amsterdam. After 988 hours of work, the rate is automatically converted by Projob to the conversion factor of the reduced rate. 

  Under the existing rules, individuals from outside the EU must generally be in the possession of a work permit. In connection with its responsibility for any temporary agency workers that it hires, VU Amsterdam requires a copy of their work permit and allocation of the citizen service number when the employees first report for work. 

• Grading and salary increments

  Grading based on work experience 

  Relevant work experience will be taken into account when determining the temporary agency worker's salary grading. The following rules apply:

  • Relevant work experience according to VU Amsterdam's policy will be taken into account when scaling.
  • Temporary agency workers with relevant work experience do not start in the lowest step of the job scale.
  • When returning to VU Amsterdam or within the same CLA district, the previous grading applies.

   Right to salary increments

  Temporary workers are always entitled to a salary increment. This increment is determined according to the rules of VU Amsterdam. The following situations apply:

  • A salary increment is always granted, unless Projob can demonstrate that the temporary agency worker is not entitled to it because of a negative assessment.
  • If no or no timely assessment has taken place, the temporary agency worker will still receive the salary increment that is most common at VU Amsterdam.
  • If the temporary agency worker has been temporarily out of service and returns to VU Amsterdam or a company in the same Collective Labour Agreement area within nine months, Projob must grant the temporary agency worker a salary increment as if this had taken place within these nine months.

• Advantages of hiring temporary agency workers via temporary work agencies or via shared recruitment

  Agreements with temporary work agencies also offer many advantages in terms of flexibility. This set-up has relatively few administrative burdens. VU Amsterdam does not have to deduct any PAYE deductions. Temporary agency workers may be slightly more expensive and temporary work agencies also charge VAT. On the other hand, the benefits of this arrangement include the fact that both the temporary agency worker and VU Amsterdam are free to terminate the agreement at any time and that the university only pays for the hours the temporary agency worker actually worked. 

  The emporary agency worker receives their salary from the temporary work agency based on time sheets submitted. The time sheets must be approved by the VU Amsterdam manager. The temporary work agency is primarily responsible for payment of contributions, for payslips, annual income statements and salary specifications. The temporary work agency sends VU Amsterdam an invoice, which will be sent to the Office for Financial Accounting for payment. The temporary agency worker is administratively entered into the VU Amsterdam system as a new external employee, type: Temporary worker.

  The temporary work agency can also provide shared recruitment for VU Amsterdam. The temporary work agency then takes over the employer role. The temporary work agency is the legal employer of the temporary agency worker while he or she works for VU Amsterdam, and in this way takes on the employment-law risks and is responsible for all administrative tasks. VU Amsterdam receives the invoice that is then processed by the Office for Financial Accounting. The temporary agency worker is administratively entered into the VU Amsterdam system as a new external employee, type: Hiring secondment.

• Time sheets

  At the end of each calendar week, the temporary agency worker will complete a time sheet; an overview of actual hours worked that week. This time sheet is then signed by the designated competent VU Amsterdam manager for approval. It is also possible to claim the hours by entering them into the digital time recording system, and the VU Amsterdam manager then receives notification of this. The VU Amsterdam manager can review, reject or correct claims submitted via the portal for up to four weeks. 

• Termination of the work activities of temporary agency workers or shared recruitment

  As soon as it becomes clear that the activities being carried out by the temporary agency workers (via a temporary work agency or shared recruitment) are nearing their end, the individual who submitted the original request/VU manager will immediately notify the temporary work agency consultant by telephone or by e-mail.

  The term of notice for temporary agency workers and recipients at Projob (for both temporary agency work and shared recruitment) is as follows: 

  Temporary agency workers to Projob

  • Phase A
    Secondment with clause for the exclusion of the continued payment of wages
    Term of notice 1 working day
    We do ask that the temporary agency worker gives several days of advance notice
  • Phase B
    Term of notice 1 month
  • Phase C
    Permanent contract
    Employment of less than 5 year - term of notice 1 month
    Employment of more than 5 year - term of notice 3 months

  Recipient to Projob

  • Temporary agency work of less than 2 months - term of notice 1 day
  • Temporary agency work of 2 months or more - term of notice 2 weeks

  Taking previous employment into account (successive employership)

  If VU Amsterdam wants to employ a temporary agency worker for the same or similar work, the full duration of the previous employment contract must be taken into account. Continuing employment with VU Amsterdam and exceeding the duration of 36 months will therefore constitute indefinite employment. The number of previous employment contracts still does not have to be taken into account. This means that if the temporary agency worker has already had three 4-week contracts with Projob, VU Amsterdam can simply offer this temporary agency worker a fixed-term employment contract. After all, the duration of the previous employment contract is then only 12 weeks.

• No automatic end of temporary agency contract in case of incapacity for work

  From 1 July 2023, the temporary agency contract clause may no longer be used in case of illness, meaning that a temporary agency contract will no longer end automatically in case of incapacity for work of the temporary agency worker. The temporary agency worker remains employed by Projob (or if applicable another temporary agency) during the sickness period and the temporary agency contract with VU Amsterdam continues. The temporary agency contract with Projob does end on the agreed end date if the temporary agency worker is still ill at that time. In that case, the temporary agency worker may be entitled to sickness benefit. For situations other than illness, the agency clause continues to apply.

  A consequence of this is that our temporary agency workers with a phase A contract (which continues to last 52 weeks) with an agency clause automatically receive successive 4-week contracts.

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