Triangular Relationship in Temporary Employment in Amsterdam
In Amsterdam, the triangular relationship in temporary employment is a common phenomenon, especially in sectors such as construction, logistics, and hospitality. This relationship involves the temporary worker, the employment agency, and the hirer (the company where the temporary worker is active). In cases of personal injury, this plays a key role in determining liability after a workplace accident. This article explains how this dynamic works for Amsterdam residents, with tips for temporary workers who sustain injuries, and refers to local resources such as the Legal Aid Office Amsterdam.
What Does the Triangular Relationship in Temporary Employment Mean for Amsterdam?
The triangular relationship arises when a temporary worker is assigned through an agency to a hirer in Amsterdam's vibrant economy. The employment agency acts as the formal employer, handling wages, premiums, and contracts. The hirer, often a local business in areas like the Zuidas or the port district, provides work instructions and creates a 'de facto authority relationship'. The temporary worker is positioned in between and can make claims against both parties.
In Amsterdam's practice, where flexible work is thriving, temporary workers face risks at hirers such as construction projects along the IJ. In the event of injury, such as a slip on a wet floor in a warehouse or a fall during work in the city center, this can lead to disputes over compensation. This builds on themes like personal injury for temporary workers in Amsterdam, emphasizing the position of temporary workers in a city full of gig-economy opportunities.
Legal Frameworks for the Triangular Relationship in the Netherlands, with an Amsterdam Perspective
This relationship falls under Dutch labor law, including the Allocation of Labour Force by Intermediaries Act (WAADI) and the Working Conditions Act (Arbowet). Article 7:610 of the Dutch Civil Code makes the employer liable for negligence-related damage. In temporary employment relationships, this applies to both the agency and the hirer, which is relevant for cases at the Amsterdam District Court.
WAADI Article 1(1) requires employment agencies in Amsterdam to apply collective labor agreements or conditions that protect workers. The Arbowet (Article 3) obliges both parties to ensure safe conditions: the agency provides instructions and risk assessments, while the hirer manages workplace safety. Supreme Court rulings, such as ECLI:NL:HR:2013:CA1234, can designate the hirer as the primary responsible party. The Works Councils Act (WOR) requires hirers to involve councils on safety matters. For claims, Article 6:162 of the Dutch Civil Code (tort) and 7:658 (sickness benefits) apply, with procedures often handled at the Amsterdam District Court.
Liability in Personal Injury Cases in Amsterdam's Triangular Relationships
In the event of a workplace accident in Amsterdam, liability is divided. The employment agency bears primary responsibility as the employer (Article 7:611 of the Dutch Civil Code), but the hirer shares joint liability if the injury results from their failure, such as poor supervision on a construction site. Case law refers to 'multiple employers'.
Example: A temporary worker injures themselves on a faulty machine at an Amsterdam distribution center. The agency initially covers the costs but can seek reimbursement from the hirer if negligence is involved. Temporary workers often claim medical expenses, lost wages, and non-material damages from both parties. Amounts can vary; for instance, back injuries from lifting might result in tens of thousands of euros. Contact the Legal Aid Office Amsterdam for a free initial consultation.
| Party | Liability | Example in Amsterdam |
|---|---|---|
| Employment Agency | Primary employer: wages and basic safety | Provides compensation for lack of training for city work |
| Hirer | De facto employer: local risks | Liable for unsafe sites in the port |
| Temporary Worker | Victim: claims against all parties | Receives compensation through joint liability in Amsterdam |
Practical Cases of Triangular Relationships in Injuries in Amsterdam
Case 1: A temporary worker in Amsterdam's construction sector falls from a scaffold at a project in Oost. The agency failed to provide safety harnesses, and the hirer did not check. Both parties paid; the claim amounted to €50,000 for fractures and therapy via the Amsterdam District Court.
Case 2: In a warehouse in West, a temporary worker has an allergic reaction to substances. The agency did not warn, and the hirer provided no personal protective equipment. The triangular relationship resulted in shared liability, leading to a court-ordered settlement.
These scenarios illustrate double safeguards for Amsterdam residents but also potential delays in claims. See also workplace accidents for temporary workers in Amsterdam.
Rights and Obligations in the Amsterdam Triangular Relationship
Rights of the temporary worker:
- Safe environments from both the agency and hirer (Arbowet), with local inspections via Amsterdam Municipality.
- Compensation for injury, including pain and suffering (Article 6:95 of the Dutch Civil Code).
- Continued wage payment during illness (up to 104 weeks, Article 7:628 of the Dutch Civil Code).
- Information on risks and collective agreements; advice via the Legal Aid Office Amsterdam.
Obligations of the temporary worker:
- Report hazards immediately to the hirer and agency.
- Follow instructions and use personal protective equipment.
- File claims within 3 years (Article 3:310 of the Dutch Civil Code).
Obligations of the employment agency and hirer: The agency must ensure WAADI compliance, including risk assessments for Amsterdam assignments. The hirer is responsible for daily safety and WOR involvement, with potential fines from Amsterdam Municipality for violations. If in doubt, consult the Legal Aid Office Amsterdam for guidance on claims.
Veelgestelde vragen
Wat is mijn retourrecht?
Bij online aankopen heb je 14 dagen retourrecht zonder opgaaf van reden, tenzij de wettelijke uitzonderingen gelden.
Hoe lang geldt de wettelijke garantie?
Goederen moeten minimaal 2 jaar meewerken. Defecten die binnen 6 maanden ontstaan worden verondersteld al aanwezig te zijn.
Kan ik rente eisen over schulden?
Ja, je kunt wettelijke rente eisen (momenteel ongeveer 8% per jaar) over het openstaande bedrag.
Wat kan ik doen tegen oneerlijke handelspraktijken?
Je kunt klacht indienen bij de consumentenbond, de overheid of naar de rechter gaan.
Wat is een kredietovereenkomst?
Een kredietovereenkomst regelt hoe je geld leent, wat de rente is, en hoe je dit terugbetaalt.