Article 7:690 Dutch Civil Code – Temporary-Agency Employment Contract
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Article 7:690 BW defines the temporary-agency employment contract as an employment contract in which an employer, acting as part of its profession or business, makes an employee available to a third party. The employee then works under the third party’s supervision and direction pursuant to an assignment between the employer and that third party. The provision creates a three-party relationship involving the temporary worker, the employment agency or other supplier, and the client where the work is performed. The supplier remains the legal employer even though the client directs the daily work.
1. Definition and Legal Requirements
Article 7:690 BW applies where:
an employment relationship exists between the worker and supplier;
the supplier makes the worker available to a third party;
the supply takes place as part of the supplier’s profession or business;
the supply is based on an assignment between the supplier and the third party; and
the worker performs work under the third party’s supervision and direction.
The supplier is the formal employer, while the third party is the client or hirer where the work is performed.
Toelichting
The worker is employed by one company but performs daily work for another. The supplier remains the employer, while the client generally decides what work must be done and how it is organised.
2. Supervision and Direction
A central requirement is that the worker performs the work under the supervision and direction of the client.
Relevant circumstances may include who determines:
the worker’s tasks and priorities;
working hours and schedules;
the place of work;
operational instructions;
working methods; and
assessment of the worker’s performance.
Toelichting
The important question is who directs the worker’s daily activities. If the client controls the work, this may indicate temporary-agency employment.
3. Care4Care and the Allocation Function
In the Care4Care judgment, the Supreme Court held that Article 7:690 BW is not limited to traditional temporary-employment agencies that match workers with temporary vacancies.
A separate labour-market allocation function is not required. Payroll, secondment and other suppliers may therefore fall within Article 7:690 BW when the statutory requirements are satisfied.
Toelichting
A company does not escape the temporary-agency rules simply because it calls itself a payroll provider, consultancy or secondment company.
4. Legal Consequences and Relevance
When Article 7:690 BW applies, the supplier is the worker’s employer. The special temporary-agency rules in Article 7:691 BW may also become relevant.
The same arrangement may additionally fall within the Waadi, which regulates the activity of supplying workers and contains rules concerning registration, working conditions and worker protection.
Toelichting
Businesses must examine the complete three-party relationship. Using an intermediary does not remove employment obligations when the supplier employs the worker and the client directs the work.
Tijdlijn
Article 7:690 BW
Care4Care judgment
Bronnen
Gerelateerde kennis
Bekijk alle kennisYoungOnes Workers at H&M – Netherlands Labour Authority, 2024
The Netherlands Labour Authority investigated retail workers who performed assignments at H&M through the YoungOnes platform under contracts describing them as independent contractors. According to FNV’s publication of the findings, the Authority concluded that the workers were not genuinely self-employed. H&M supervised and directed their work, while YoungOnes organised the contractual and administrative structure through which they were supplied to H&M. The relationship therefore displayed the characteristics of temporary-agency employment under Article 7:690 BW. YoungOnes disputed the assessment, arguing that workers could choose assignments, work for different clients and bear entrepreneurial risk. The Authority’s assessment is an administrative enforcement finding and should not be presented as a judicial ruling.
NV / Helpling – Amsterdam District Court, 01.07.2019 ECLI:NL:RBAMS:2019:4546
The Amsterdam District Court held that cleaners working through Helpling did not have employment contracts or temporary-agency agreements with the platform. The Court found that Helpling actively organised access to cleaning assignments but did not exercise sufficient authority over how the cleaning work was performed. Instead, the cleaners had employment relationships with the private households under the domestic-services regime. However, Helpling qualified as an employment intermediary under the Waadi. It was therefore prohibited from charging cleaners commission for helping them obtain work.
FNV & CNV v Temper – Amsterdam Court of Appeal, 16.06.2026 ECLI:NL:GHAMS:2026:1612
The Amsterdam Court of Appeal held that workers who performed assignments through Temper had temporary-agency employment contracts with Temper under Article 7:690 BW. The Court found that Temper was more than a neutral digital marketplace. It organised the contractual structure, controlled access to assignments, influenced remuneration and payment, and established the rules governing the relationship. The clients exercised practical supervision during assignments, while Temper retained the formal employer role. The judgment reversed the Amsterdam District Court’s 2024 decision, which had concluded that no temporary-agency agreements existed.
Waadi – Allocation of Workers by Intermediaries
The Waadi regulates the supply of workers by intermediaries. It generally applies when a supplier makes individuals available to a client in return for payment and those individuals work under the client’s supervision and direction. The legislation contains obligations concerning supplier registration, working conditions, recruitment charges, restrictions on workers moving to clients and the use of supplied workers during strikes. Depending on the provision and the facts, obligations may apply to the supplier, the client or both.