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Temporary Agency Agreement for the Netherlands

Temporary Agency Agreement Template for Netherlands

This document is a comprehensive Temporary Agency Agreement governed by Dutch law, establishing the legal framework for the provision of temporary workers from an employment agency to a client company. It ensures compliance with key Dutch legislation including the Wet Allocatie Arbeidskrachten door Intermediairs (WAADI) and relevant provisions of the Dutch Civil Code. The agreement covers essential aspects such as worker placement procedures, fee structures, liability allocation, and compliance with Dutch labor laws, while incorporating necessary data protection measures under the AVG (Dutch GDPR).

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What is a Temporary Agency Agreement?

The Temporary Agency Agreement is essential for Dutch businesses seeking to engage temporary workers through professional employment agencies. This agreement type is specifically designed to comply with Dutch employment law requirements, including the WAADI, Wet Flexibiliteit en Zekerheid, and relevant CAOs for temporary agency work. It establishes the triangular relationship between the employment agency, client company, and temporary workers, detailing responsibilities, operational procedures, and compliance requirements. The document is particularly crucial given the Netherlands' highly regulated temporary employment sector, which requires specific attention to worker rights, safety regulations, and data protection standards.

What sections should be included in a Temporary Agency Agreement?

1. Parties: Identification of the temporary employment agency and the client company, including full legal names, registration numbers, and addresses

2. Background: Context of the agreement, including the agency's status as licensed temporary employment agency and the client's need for temporary workers

3. Definitions: Key terms used throughout the agreement, including 'Temporary Worker', 'Assignment', 'Client Fee', etc.

4. Services: Detailed description of the agency's services, including recruitment, selection, and placement of temporary workers

5. Request and Assignment Procedure: Process for requesting temporary workers and confirming assignments

6. Client Obligations: Client's responsibilities regarding workplace safety, supervision, working hours, and provision of information

7. Agency Obligations: Agency's responsibilities including worker screening, ensuring work permits, and compliance with labor laws

8. Fees and Payment: Structure of fees, payment terms, and invoicing procedures

9. Liability and Insurance: Allocation of risks and responsibilities, insurance requirements for both parties

10. Confidentiality: Protection of confidential information and trade secrets

11. Data Protection: Compliance with GDPR/AVG requirements regarding personal data processing

12. Duration and Termination: Term of the agreement, notice periods, and termination conditions

13. Governing Law and Jurisdiction: Application of Dutch law and jurisdiction for dispute resolution

What sections are optional to include in a Temporary Agency Agreement?

1. Direct Hire Provisions: Terms regarding the possibility of client directly hiring temporary workers, including any transfer fees - include when the client may want to hire workers permanently

2. Specific Industry Requirements: Additional provisions for specific sectors (e.g., healthcare, construction) - include when operating in regulated industries

3. International Placement: Additional provisions for cross-border worker placement - include when dealing with international assignments

4. Collective Labor Agreement Compliance: Specific references to applicable CAOs - include when working under specific sector CAOs

5. Intellectual Property Rights: Provisions regarding IP created during assignments - include when workers may create IP during their work

6. Non-Competition and Non-Solicitation: Restrictions on competing activities and worker solicitation - include when protecting business interests is crucial

What schedules should be included in a Temporary Agency Agreement?

1. Schedule 1 - Fee Structure: Detailed breakdown of hourly rates, markups, and additional charges

2. Schedule 2 - Standard Terms of Assignment: Standard conditions applying to each individual worker assignment

3. Schedule 3 - Service Level Agreement: Specific performance metrics and service standards

4. Schedule 4 - Data Processing Agreement: Detailed GDPR/AVG compliance requirements and procedures

5. Schedule 5 - Health and Safety Requirements: Specific workplace safety requirements and procedures

6. Appendix A - Assignment Confirmation Template: Standard form for confirming individual worker assignments

7. Appendix B - Timesheet Template: Standard form for recording working hours

8. Appendix C - Rate Card: Current applicable rates for different worker categories and roles

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Netherlands

Publisher

Genie AI

Document Type

Agency Agreement

Cost

Free to use
Relevant legal definitions

































Clauses


































Relevant Industries

Manufacturing

Logistics and Warehousing

Construction

Healthcare

Information Technology

Professional Services

Retail

Hospitality

Agriculture

Financial Services

Education

Energy and Utilities

Relevant Teams

Human Resources

Legal

Procurement

Operations

Compliance

Finance

Facility Management

Project Management

Risk Management

Contract Administration

Relevant Roles

HR Director

Legal Counsel

Procurement Manager

Operations Manager

HR Manager

Compliance Officer

Facility Manager

Project Manager

Department Head

Resource Planning Manager

Recruitment Manager

Contract Manager

Risk Manager

Finance Director

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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