06-02-2020
The Balanced Labour Market Act (WAB) entered into force on 1 January 2020.
Pursuant to the WAB, employees hired by a so-called payroll company are entitled to the same salary and employment conditions as employees hired by the company where the work is actually performed. This does not apply to the pension, but from 1 January 2021 employees hired by a payroll company are entitled to an "adequate" pension.
This could be interesting for expats working at an international organization such as ESA/ ESTEC or EPO through a contracting company. Pursuant to the WAB, an expat could be entitled to equal pay and employment conditions as employees in the same position with a permanent employment contract with the international organization (i.e. staff employees). Such a claim could be made against the contracting company as international organizations enjoy legal immunity.
However, even if the WAB does not apply, equal working conditions could be claimed under current law (temporary agency contract). In both cases a limitation period of 5 years applies.
More information about the WAB can be found: here (in Dutch).
I If you wish to know more about the WAB and the possibilities that the WAB could offer in your case, please contact Niels van Steijn or Danielle Prins.
