NederlandsWith the new collective labor agreement for temporary workers, there will be equal collective agreements for the entire sector. A number of changes have already been made to the current collective labor agreement from 1 September. As of December 30, the two collective labor agreements of the ABU and the NBBU will be fully harmonized. Formally, they remain two collective labor agreements, but the content of the collective agreements is the same. The same terms and conditions of employment will then apply to all temporary workers
Changes as of December 30
The new temporary employment collective labor agreement consists of a nice combination of the two old collective agreements. Three situations can arise as a result of the new collective labor agreement: the agreement changes the arrangement with respect to one collective agreement, both collective agreements or neither collective agreement. In the latter case, it is purely a textual change to make the collective labor agreement more readable. Below you will find an overview of the new agreements as a result of harmonization and renewal of the collective labor agreement.
Phase indication
The phases of the phase system are referred to as phase A / 1-2, phase B / 3 and phase C / 4. Employment agencies choose whether they use an indication in numbers or letters.
Scope of payroll
With the arrival of the Balanced Labor Market Act (WAB) it has been legally established that payroll agreements fall outside the collective labor agreement for temporary workers . To give employers the opportunity to put their affairs in order, there is a transitional arrangement for current payroll agreements that took effect before 1 January 2020 .
Contract duration
There will be a minimum contract duration of 4 weeks in phase A / 1-2 for successive fixed-term temporary employment contracts with the same employer. This prevents day and week contracts.
Notice period
The notice period for termination of phase A / 1-2 agency work employment contracts with agency clause will apply after 26 weeks worked and become 10 days. The statutory notice periods apply to all agency work employment contracts without agency clauses.
Hirer Reward
Previously, the collective labor agreement allowed the temporary employment agency a choice during the first 26 weeks of a placement: either the remuneration scheme from the ABU collective labor agreement is applied, or the user company remuneration applies from day 1. This is no longer possible from 30 December 2019. The hirer's remuneration, the remuneration system that the client (hirer) uses for its own employees, will apply to all temporary workers. This also applies to on-lending, the hiring or lending of employees between employers. When a temporary worker is outsourced from one client to the next, the hirer's remuneration of the client where the temporary worker is employed applies. Exceptions to this regulation are people with a distance to the labor market and school leavers without a basic qualification.
The hirer's remuneration will also apply to all holiday workers
Temporary workers phase C / 4
The temporary agency workers in phase C/4 who have been awarded the ABU remuneration in accordance with the ABU collective labor agreement until December 30, 2019, will switch to the user company's remuneration as of December 30, 2019, whereby the actual wage remains at least equal to the wage they received before December 30, 2019. received.
Salary terms and explanation
Temporary workers are entitled to clear information about their remuneration. Various wage concepts, including the element of allowances, have been better described, which makes it clearer that all allowances for working irregular hours and shifts are included in the hirer's remuneration.
Reimbursement of work-related travel hours
From now on, temporary agency workers will receive compensation for work-related travel time, provided the client has a scheme for travel time compensation.
Faster periodic increase
Temporary agency workers are awarded a periodic wage increase more quickly if they have worked for a longer period of time in (almost) the same position at different clients but through the same private employment agency. The work experience at the various clients is counted.
Loss of payment for work
In the event of loss of work, temporary agency workers with an agency work employment contract with an obligation to continue to pay wages (in principle, all agency workers in phase B/3 and C/4) continue to be paid 100% of their last hourly wage. If they subsequently start working for another client, they will receive the relevant user company remuneration. For temporary agency workers in phase C/4 with an agency work employment contract for an indefinite period, a new, greatly simplified income protection will apply. The wage in a new assignment is in accordance with the hirer's remuneration applicable there, but is always at least 90% of the last earned wage and never less than 85% of the highest wage received in phase C / 4.
Continued payment of illness
One scheme for continued payment of wages in the event of illness will apply to the entire temporary employment sector . In the first year, the wage is supplemented to 90% and in the second year to 80%. It has been better described on the basis of how many hours of sickness benefit must be paid and on which wage elements.
Holiday allowance
The holiday allowance will be increased from 8% to 8.33%.
Surcharges for irregularity or overtime
Allowances for working irregularly or for overtime are paid immediately or reserved in time for compensation hours in consultation.
Holidays
From now on, all temporary workers will be entitled to 25 vacation days per year on the basis of full-time employment. A different arrangement continues to apply to holiday workers, they are only entitled to the statutory number of vacation days.
Holidays
When granting public holidays, it is clarified when there is a right to continued payment of the public holiday. The scheme will be more favorable for temporary workers.
Special leave arrangement
The birth leave and leave for taking the vocational examination have been added to the special leave scheme for temporary workers and the moving day has been cancelled.
Source: Abu
Questions about the new collective labor agreement?
Our temporary workers fall under the collective labor agreement of the ABU and will be informed by us. Do you have any questions about the new collective labor agreement for temporary workers? Please contact one of our branches in your area.