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Labour Hire Agreement for the Netherlands

Labour Hire Agreement Template for Netherlands

A comprehensive agreement governed by Dutch law that establishes the terms and conditions for the provision of temporary workers through a labour hire agency to a host company. The document ensures compliance with Dutch labour legislation, including the Wet Allocatie Arbeidskrachten door Intermediairs (WAADI) and the Wet arbeidsmarkt in balans (WAB), while defining the rights, obligations, and responsibilities of both the agency and the host company. It covers crucial aspects such as worker engagement processes, workplace safety, equal treatment provisions, payment terms, and liability allocation, all within the framework of Dutch employment regulations.

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What is a Labour Hire Agreement?

The Labour Hire Agreement serves as a crucial legal framework for organizations in the Netherlands seeking to engage temporary workers through specialized agencies. This document is essential when a company requires flexible workforce solutions while ensuring compliance with Dutch labour laws, including the WAADI and WAB. It establishes the three-way relationship between the labour hire agency, host company, and temporary workers, detailing responsibilities, operational procedures, and commercial terms. The agreement is particularly relevant in today's dynamic business environment where companies need to maintain workforce flexibility while adhering to strict Dutch regulatory requirements regarding temporary employment relationships. It includes comprehensive provisions for worker engagement, safety compliance, equal treatment, and risk allocation, making it a fundamental document for any temporary staffing arrangement in the Netherlands.

What sections should be included in a Labour Hire Agreement?

1. Parties: Identification of the contracting parties: the labour hire agency and the host company

2. Background: Context of the agreement and brief description of the parties' business relationship

3. Definitions: Definitions of key terms used throughout the agreement

4. Scope of Services: Details of the labour hire services to be provided, including worker categories and general requirements

5. Worker Engagement Process: Procedures for requesting, selecting, and engaging workers

6. Terms of Employment: Key employment conditions, ensuring compliance with Dutch labor laws and equal treatment principles

7. Fees and Payment Terms: Pricing structure, payment terms, and invoicing procedures

8. Workplace Health and Safety: Obligations regarding worker safety and compliance with Arbeidsomstandighedenwet

9. Supervision and Management: Division of management responsibilities between agency and host company

10. Compliance and Legal Obligations: Statutory compliance requirements, including work permits and identification requirements

11. Insurance and Liability: Insurance requirements and allocation of liability between parties

12. Confidentiality: Protection of confidential information and trade secrets

13. Term and Termination: Duration of agreement and termination provisions

14. General Provisions: Standard legal clauses including governing law, dispute resolution, and entire agreement

What sections are optional to include in a Labour Hire Agreement?

1. Foreign Worker Provisions: Additional provisions when engaging non-EU workers, including work permit requirements

2. Industry-Specific Requirements: Special provisions for specific industries (e.g., construction, healthcare)

3. Intellectual Property Rights: IP protection clauses when workers may create or access intellectual property

4. Non-Solicitation: Restrictions on direct hiring of workers by the host company

5. Data Protection: GDPR compliance provisions when processing worker personal data

6. Training Requirements: Specific training obligations and cost allocation

7. Performance Management: Procedures for managing worker performance and replacements

8. Transition Services: Provisions for transitioning workers at contract end

What schedules should be included in a Labour Hire Agreement?

1. Schedule 1 - Fee Schedule: Detailed breakdown of labour hire rates and additional charges

2. Schedule 2 - Service Levels: Performance metrics and service level requirements

3. Schedule 3 - Worker Categories and Qualifications: Detailed specifications for different worker categories

4. Schedule 4 - Operating Procedures: Detailed procedures for worker requests, timesheet submission, etc.

5. Schedule 5 - Workplace Rules and Policies: Host company's workplace policies applicable to hired workers

6. Appendix A - Required Forms: Standard forms for worker requests, timesheets, and other documentation

7. Appendix B - Insurance Requirements: Detailed insurance specifications and coverage requirements

Authors

Alex Denne

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

Jurisdiction

Netherlands

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions




































Clauses



































Relevant Industries

Manufacturing

Construction

Logistics

Healthcare

Information Technology

Agriculture

Hospitality

Retail

Energy

Maritime

Food Processing

Warehousing

Professional Services

Mining

Telecommunications

Relevant Teams

Human Resources

Legal

Procurement

Operations

Compliance

Risk Management

Facility Management

Project Management

Contract Administration

Finance

Health and Safety

Industrial Relations

Relevant Roles

HR Manager

Legal Counsel

Procurement Manager

Operations Director

Facility Manager

Project Manager

Compliance Officer

Resource Manager

Workforce Planning Manager

Contract Manager

Risk Manager

Department Head

General Manager

Human Resources Director

Chief Operating Officer

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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