Dutch agency employment contract
Under the phase system, the agency is your formal employer while you perform your work for its client. As you move from phase A to B and C, employment stability increases, but your rights also depend on the terms 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) that is governed by the relevant collective labour agreement, most commonly ABU or NBBU. The agency pays your salary and is your formal employer, while the company where you actually perform your duties organises your day-to-day work and supervision.
The terminology may differ. 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 time counted within the system and the wording of the applicable rules.
Phases A, B and C – comparison
The comparison below describes the rules that applied under the CAO for temporary workers on the date this article was updated. The 2026–2028 agreement also contains provisions prepared for a future change in legislation. Until the relevant legal amendment comes into force, the currently applicable version should be followed rather than the planned future rules.
| Phase | Duration / number of contracts | Type of employment | What does it mean for the employee? |
|---|---|---|---|
| A or 1–2 | Up to 52 worked weeks with the same agency; paid holiday weeks also count in accordance with the CAO. | A fixed-term contract that may contain an agency clause. A greater number of consecutive contracts is possible during this phase. | The greatest flexibility. The level of guaranteed hours and continued pay depends on whether there is an uitzendbeding and whether the obligation to continue paying wages when there is no work 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 uitzendbeding, unless an open-ended contract that is more favourable to the employee is agreed immediately. | Greater predictability: the end of an individual assignment with a client 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 according to 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.
What does uitzendbeding mean?
Uitzendbeding is a clause linking the duration of the agency employment contract to the duration of the assignment at the user company. It may only be used within the limits of Dutch law and the applicable CAO, mainly during the initial phase. Its presence should be clearly stated in the contract.
The clause affects what happens when the agency’s client ends the assignment, how long the notice period is and whether the employee retains the right to pay when there is no work. Do not assume that all phase A contracts are identical: a contract without uitzendbeding or one with an explicitly agreed wage guarantee is also possible.
With uitzendbeding
The contract is more closely linked to a specific assignment. Check the rules for termination, notification and payment when the user company has no work available.
Without uitzendbeding
The end of work for one client does not automatically terminate the contract. The agency may look for a suitable replacement assignment.
Guaranteed hours
They do not follow automatically from the name of the phase. Check the number of contracted hours and the clause concerning payment when there is no assignment.
What rights does a temporary agency worker have?
An agency employment contract is still an employment contract. A temporary worker is entitled, among other things, to the statutory minimum wage, safe working conditions, paid leave, holiday allowance, a correct 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 user company.
- The agency should provide confirmation of the job title, location, hours, pay rate and allowances before the assignment begins.
- Pay and other comparable employment conditions cannot be determined arbitrarily simply because the employee works through an agency.
- The employee accrues entitlement to paid leave and holiday allowance.
- Sickness must be reported in accordance with the procedures of both the agency and the user company; the amount of the benefit depends on the contract, 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 why the employment ended.
If your conditions change, ask for written confirmation. Verbal information from a supervisor should not replace a document when it changes your pay rate, number of hours, workplace or period of employment.
What should you check before signing the contract?
- Who is the employer? Write down 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? Tell the agency about your previous employment history, especially if you are returning to the same work or client.
- Is there an uitzendbeding? Ask the agency to point out the specific clause and explain what happens when the assignment ends.
- How many hours does the contract guarantee? Distinguish between an expected schedule and the minimum number of hours for which the employer is actually responsible.
- How does the remuneration work? Check the gross pay rate, allowances, overtime, leave, vakantiegeld, payment date and all possible deductions.
- How does the employment relationship end? Check the end date, notification or notice period and the rules for returning accommodation and transport.
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 requirements and be correctly included in the contract.
Will I automatically move to phase B after 52 weeks?
Phase B begins when employment continues after phase A ends or when 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 further cooperation cannot be treated without justification as though 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 counting from zero. Successive-employer rules may also be relevant if another agency takes over substantially 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 agreements may include an effective date and transitional provisions. Planned rules should not be applied before that date. Ask the agency for an up-to-date explanation that specifically takes your employment history and contract into account.
