Agency workers soon limited to three years at the same company?

How much longer will companies be able to keep hiring a trusted agency worker? For food companies that use agency staff, that question is becoming more pressing. The Dutch government wants to limit assignments with the same client company. The worker’s contract with the staffing agency makes a difference. The bill sets out when companies must choose: hire the worker directly or end the assignment.

The proposal is called the Wet tijdelijkheid van inlenen. It follows European court rulings stating that agency work at the same client company must remain temporary. The Netherlands wants to introduce safeguards in national legislation to ensure this.

A maximum of three years at the same client company

The government proposes a limit for agency workers on fixed-term contracts. That limit is 156 weeks, roughly three years, at the same client company. Weeks worked during separate assignments may also count toward this total. Switching staffing agencies or roles does not reset the number of weeks counted.

The client company must provide written notice at least four weeks before that limit is reached. If it wants to retain the worker, it must offer an indefinite-term employment contract. The terms and conditions must be at least equivalent to those provided by the staffing agency. Otherwise, the company must notify the worker in writing that the assignment will end.

Different rules for permanent agency employees

Workers with an indefinite-term contract at their staffing agency are not subject to a fixed three-year limit. However, their assignments at the same client company must also remain temporary. What qualifies as temporary depends on the specific circumstances. In a dispute, a court can make that determination. The bill also applies to workers employed through payroll arrangements.

Previous assignments also count

The government intends the legislation to take effect on January 1, 2028. However, the final effective date has not yet been set in law. Assignments completed before the legislation takes effect also count toward the total duration. Client companies and staffing agencies must track how long each worker works at the same company.

Stakeholders can submit comments through internetconsultatie.nl until November 24, 2026. The ministry will review the comments and may amend the proposal.

Rijksoverheid.nl