The Civil Code stipulates that temporary workers are entitled to an indeterminate contract after three years or three consecutive fixed-term contracts (s. 7:668a). However, the collective agreement has departed from this system by introducing a so-called step-by-step system (Articles 7 and 8 of the ABU CAD). The Foundation may compel any acting agency to engage in CTC agreements. If an acting agency does not do so, the Foundation can take legal action and the ABU may abandon its membership. In addition, the SNCU may impose sanctions (see item 2b) The rules for detachment are subject to numerous changes. The general trend we are seeing is that seconded workers are better protected. The debate on the enlargement of the European internal market and the large wage disparities in the Member States have given rise to many legislative proposals. We believe that the provisions that apply to seconded workers are rapidly moving closer to the standards applicable to national workers.
Recent changes to the PWD confirm this view. These amendments cover the maximum duration of 24 months of the secondment at the end of which the employment relationship is governed by the law of the host Member State. In accordance with the proposed amendments to the PWD, remuneration, including all remuneration under generally binding collective agreements in the host Member State, should also apply to seconded workers. Right now, that only applies to the construction sector. TAW can be considered an area in its own right. The existence of a universally binding (extended) CTC for the TAW sector, called ABU CLA, is very important. This CLA is the result of negotiations between the Algemene Bond Uitzendondernemingen (ABU), which represents employers, and the unions FNV Bondgenoten, CNV Dienstebond and De Unie. Temp`s work is recognized by the government. An acting agency is legally considered a «normal» employer. In addition, the National Council for Social and Economic Affairs (SER) acknowledges in its opinions work as a sector in its own right.
[Correspondent:] Please indicate whether the provisions are based on democracy and/or the collective agreement. Please provide examples and details of all recent/important collective agreements for TAW at the levels mentioned in question 3. The Foundation Compliance CLA for Temp Workers (SNCU) monitors THE CLA agreements of ABU CLA. If you run a business in the Netherlands, you may need to work with a collective agreement (Collectieve Arbeidsovereenkomst, CAD). CAOs are collective agreements between employers (or employers` organizations) and unions on wages and other conditions of employment. Another introduction to WWZ, which is relevant to staff detachment, is this. An employer can only offer three successive fixed-term contracts, with a maximum duration of 24 months, before the fixed-term contract is automatically converted to an indeterminate contract. In the event of a secondment, a collective agreement («CBA») may depart from this rule, which allows for a maximum of six consecutive fixed-term contracts with a total duration of 48 months. This extension, combined with restrictions on other flexible employment programs, offers a great opportunity for the growth of the detachment sector. The labour inspectorate does not regulate the specific TAW scheme, but it regulates the working conditions regime for all workers (minimum wage laws, working hours), including temporary workers.