On 4 November 2016, the Dutch Supreme Court issued its
long-awaited ruling in proceedings between Care4Care, a healthcare
secondment company, and StiPP, the compulsory pension fund for the
temporary employment industry. The ruling clarifies which employers
qualify as temporary employment agencies that would have to join
StiPP. The Supreme Court found that to qualify, an employer does
not have to actively mediate between supply and demand of temporary
staff. This means that the "allocation requirement" does
The recent ruling may have considerable consequences for
employers who assign employees to third parties, such as agency and
payroll companies. It implies that payroll companies qualify as
temporary employment agencies and that therefore, payroll employees
fall under the scope of the more flexible employment regime for
temporary employees. It means that payroll employees can work on a
temporary basis up until five and a half years, against the two
years that apply to "regular" employees. This makes it
even more attractive for companies to hire payroll employees.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
Everyone has sympathy for employees who are genuinely unwell. When advising employers about employees suffering from stress, various medical conditions and resultant absence, it is these words that come up again and again.
In our article published in HR Zone, we consider the introduction of the new rules on regulatory references which come into force on 7 March 2017 and the practical steps that employers must take to comply...
Most of us know the difference between being employed and being self-employed (or at least we think we do). And in everyday laymen's terms, the difference is relatively straightforward and obvious – if you are employed, you work for someone else and, if you are self-employed, you ‘work for yourself'.
This coming year looks to be another busy one with more significant employment law changes coming into force and we have highlighted some of the key changes, which range from the introduction of gender pay...
Due to the nature of employment relationships, personal employee data are processed in countless contexts every day. However, Hungarian labor regulations have very limited provisions on data processing at the workplace.
Some comments from our readers… “The articles are extremely timely and highly applicable” “I often find critical information not available elsewhere” “As in-house counsel, Mondaq’s service is of great value”
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).