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The Netherlands Neth. 2

The Netherlands Neth. 2 Individual contract of employment - legal relation between private employment agency and temporary worker - criteria of contract of employment. HEADNOTES Facts Algemeen Service Bedrijf BV a temporary work agency did not pay wages to H.A.J. van Spaendonk, a temporary worker, during the holiday period of N. V. Jan Boerboom where van Spaendonk had been sent to work by the agency for an indefinite period. Van Spaendonk pleaded that a relationship of sub- ordination existed between him and the agency, and claimed a declaration as of right that the legal re- lationship between the parties was an employment contract. He further claimed payment of the wages agreed upon for the holiday period in question, since an employee under a contract of employment continues to receive payment during holidays. The judge at first instance allowed the claim because in his opinion an employment contract existed, the plaintiff being in a subordinate position. The agency appealed against judgment, stating that the judge had incorrectly decided that the plaintiff was subordinated to it. The appellate court held that the plaintiff was subordinate either to the agency or to the contracting company, which in virtue of a general instruction from the agency http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Labour Law Reports Online Brill

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
eISSN
2211-6028
DOI
10.1163/221160276X00076
Publisher site
See Article on Publisher Site

Abstract

Individual contract of employment - legal relation between private employment agency and temporary worker - criteria of contract of employment. HEADNOTES Facts Algemeen Service Bedrijf BV a temporary work agency did not pay wages to H.A.J. van Spaendonk, a temporary worker, during the holiday period of N. V. Jan Boerboom where van Spaendonk had been sent to work by the agency for an indefinite period. Van Spaendonk pleaded that a relationship of sub- ordination existed between him and the agency, and claimed a declaration as of right that the legal re- lationship between the parties was an employment contract. He further claimed payment of the wages agreed upon for the holiday period in question, since an employee under a contract of employment continues to receive payment during holidays. The judge at first instance allowed the claim because in his opinion an employment contract existed, the plaintiff being in a subordinate position. The agency appealed against judgment, stating that the judge had incorrectly decided that the plaintiff was subordinated to it. The appellate court held that the plaintiff was subordinate either to the agency or to the contracting company, which in virtue of a general instruction from the agency

Journal

International Labour Law Reports OnlineBrill

Published: Jan 1, 1975

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