Dutch agency employment contract
Under the phase system, the agency is your formal employer, while you perform your work at the agency’s client company. As you progress from phase A to B and C, employment stability increases, but your rights also depend on the provisions of your contract, the agency clause and the applicable collective labour agreement (CAO).
Who does the Dutch phase system apply to?
The phase system applies to employees working under a Dutch temporary agency employment contract (uitzendovereenkomst) covered by the relevant collective labour agreement, most commonly ABU or NBBU. The agency pays your wages and is your formal employer, while the company where you perform your duties organises your day-to-day work and supervision.
The terminology may vary. ABU uses phases A, B and C, while documents may also refer to phases 1–2, 3 and 4. What matters most is not the letter itself, but the type of contract, the period credited within the system and the wording of the applicable rules.
Phases A, B and C – comparison
The overview below describes the rules applicable under the CAO for temporary agency workers on the date this article was updated. The 2026–2028 agreement also contains provisions prepared for a future legislative change. Until the relevant change in law enters into force, the rules currently in effect should be applied rather than the announced future version.
| Phase | Duration / number of contracts | Type of employment | What does it mean for the employee? |
|---|---|---|---|
| A or 1–2 | Up to 52 weeks worked for the same agency; paid holiday weeks also count in accordance with the CAO. | A fixed-term contract that may include an agency clause. A larger number of consecutive contracts may be possible during this phase. | The greatest degree of flexibility. The extent of guaranteed hours and pay depends on whether an uitzendbeding applies and whether the obligation to continue paying wages when no work is available has been excluded. |
| B or 3 | Currently a maximum of 3 years and a maximum of 6 fixed-term contracts without an agency clause. | Fixed-term contracts without an uitzendbeding, unless an open-ended contract that is more favourable to the employee has been agreed from the outset. | Greater predictability: the end of an individual assignment at a client company is not the same as the automatic termination of the entire contract with the agency. |
| C or 4 | After phase B ends, if employment continues in accordance with the CAO rules. | An open-ended contract with the agency without an agency clause. | The greatest stability. The contract can only be terminated under the rules applicable to permanent employment. |
Phase A does not always end exactly after one calendar year. Weeks are counted according to the CAO definition, so breaks or weeks without work may delay the transition to the next phase. Keep your contracts and payslips so that you can reconstruct your employment history if necessary.
What does uitzendbeding mean?
Uitzendbeding is a clause that links the duration of the agency employment contract to the duration of the assignment at the company using the worker’s services. It may only be used within the limits of the law and the CAO, primarily during the initial phase. Its presence should be explicitly stated in the contract.
The clause affects what happens when the agency’s client ends the assignment, how long the notification period is and whether the employee retains the right to wages when no work is available. Do not assume that all phase A contracts are identical: a contract without an uitzendbeding or one with an explicitly agreed wage guarantee is also possible.
With an uitzendbeding
The contract is more closely linked to a specific assignment. Check the rules regarding termination, notification and payment when the client company has no work available.
Without an uitzendbeding
The end of work at one client does not automatically terminate the contract. The agency may look for a suitable replacement assignment.
Guaranteed hours
These do not follow automatically from the name of the phase. Check the number of contracted hours and the clause concerning payment when no assignment is available.
What rights does a temporary agency worker have?
An agency employment contract is still an employment contract. A temporary agency worker is entitled, among other things, to the statutory minimum wage, safe working conditions, paid leave, holiday allowance, a correct payslip (loonstrook) and protection arising from the law and the applicable CAO. From 2026, the joint ABU/NBBU collective agreement bases remuneration on the principle of equivalent employment conditions compared with a comparable employee at the client company.
- Before the assignment begins, the agency should provide confirmation of the position, workplace, working hours, pay rate and allowances.
- Pay and other comparable employment conditions cannot be determined arbitrarily simply because the employment is arranged through an agency.
- The employee accrues entitlement to paid holiday and holiday allowance.
- Illness should be reported in accordance with the procedures of both the agency and the client company; the amount of the benefit depends on the contract, the CAO and whether the employment relationship continues.
- After the contract ends, the employee may be entitled to the statutory transition payment (transitievergoeding), depending on how and on what grounds the employment was terminated.
If the employment conditions change, ask for confirmation in writing. Verbal information from a supervisor should not replace a document if it changes your pay rate, number of hours, workplace or employment period.
What should you check before signing the contract?
- Who is the employer? Note the agency’s full name, contact details and the country whose law governs the contract.
- Which CAO applies? Check whether the document refers to ABU, NBBU or another collective agreement and where you can find its current version.
- Which phase are you in? Provide the agency with your previous employment history, especially if you are returning to the same job or client.
- Is there an uitzendbeding? Ask the agency to identify the specific clause and explain what will happen when the assignment ends.
- How many hours does the contract guarantee? Distinguish between an expected work schedule and the minimum number of hours for which the employer is actually responsible.
- How is remuneration structured? Check the gross pay rate, allowances, overtime, holiday entitlement, vakantiegeld, payment date and all possible deductions.
- How does the employment relationship end? Check the end date, notification or notice period and the rules concerning the return of accommodation and transport arrangements.
Frequently asked questions about the phase system
Is phase A a probationary period?
No. A probationary period and phase A are two different concepts. Phase A describes a stage of agency employment, while any probationary period must meet separate legal requirements and be properly included in the contract.
Will I automatically move to phase B after 52 weeks?
Phase B begins when, after phase A ends, employment is continued or another contract is concluded with the same agency within the period specified by the CAO. Simply reaching the required number of weeks does not guarantee a new offer, but any continued cooperation cannot be treated without justification as if the previous employment history did not exist.
Does changing the company where I work reset my phase?
Not necessarily. If the same agency remains your formal employer, changing the client usually does not restart the count from zero. Successive employer rules may also be relevant when another agency takes over essentially the same work.
Do I have a permanent contract in phase B?
Usually not. Phase B covers fixed-term contracts without an agency clause. An open-ended contract is characteristic of phase C, although the parties may agree on a more favourable arrangement for the employee earlier.
What happens if the rules change during my contract?
New laws and collective labour agreements may specify an effective date and transitional provisions. Planned rules should not be applied before that date. Ask the agency for an up-to-date explanation relating specifically to your employment history and contract.
