Triangular Relationship in Temporary Work in Rotterdam
In Rotterdam, with its bustling port and diverse industries, the triangular relationship in temporary work plays a key role for flexible workers. This relationship involves the temporary worker, the employment agency, and the client – the company where the employee is active. In the event of personal injury due to an accident at the workplace, it is essential to understand who is responsible for compensation. This article highlights the dynamics of this triangle, with specific attention to temporary workers in the Rotterdam region, and provides targeted advice for local residents.
What Does the Triangular Relationship in Temporary Work Entail?
This structure arises when a temporary worker is assigned through an agency to a client in Rotterdam, such as a logistics company in the port. The employment agency acts as the official employer, handling wages, premiums, and contracts. The client directs the work on-site, creating a 'de facto hierarchy.' The temporary worker is positioned in between and can claim protection from both sides.
In Rotterdam's practice, where many temporary workers are employed in construction or logistics, this increases exposure to risks such as unsafe loads or structures. In incidents, for example, a fall during port work or contact with hazardous materials, discussions about compensation arise. This builds on themes like personal injury for temporary workers, emphasizing the vulnerability of flexible labor in the city.
Legal Frameworks for the Triangular Relationship
Dutch labor law regulates this relationship through the Act on Allocation of Labour Force by Intermediaries (WAADI) and the Working Conditions Act (Arbowet). Article 7:610 of the Dutch Civil Code (BW) holds the employer liable for injury due to shortcomings in the work. In Rotterdam's temporary work cases, this applies to both the agency and the client.
WAADI Article 1(1) requires employment agencies to provide a collective labor agreement or conditions for employee protection. The Arbowet (Article 3) mandates that both parties ensure a safe working environment: the agency provides training and risk assessments, while the client manages ongoing safety on-site. In disputes, the Rotterdam District Court, as in rulings like ECLI:NL:HR:2013:CA1234, may rule that the client is primarily liable as the 'practical employer.'
The Works Councils Act (WOR) requires clients to allow input on working conditions. For claims, Article 6:162 BW applies to unlawful acts, and Article 7:658 BW covers wages during illness. In Rotterdam, you can seek legal advice from the Legal Aid Office Rotterdam.
Liability for Personal Injury in the Rotterdam Triangular Relationship
In the event of a workplace accident in the region, responsibility is often shared. The employment agency, as the primary employer, bears the initial burden (Article 7:611 BW), but the client may be jointly liable for failing supervision or unsafe conditions on their premises. Case law refers to 'dual employment.'
Consider a temporary worker injured by a faulty crane at a Rotterdam client. The agency must compensate, but can hold the client accountable for negligence. Local temporary workers typically claim medical expenses, lost income, and non-material damages from both parties. Depending on the severity, such as back injuries, this can amount to €30,000 or more.
| Party | Liability | Example in Rotterdam |
|---|---|---|
| Employment Agency | Primary Employer: Wages and Basic Safety | Compensates for Lack of Training in Port Work |
| Client | Practical Employer: Local Risks | Liable for Unsafe Storage in Warehouses |
| Temporary Worker | Victim: Claims from Both | Receives via Joint Liability |
Practical Examples of the Triangular Relationship in Injury Cases in Rotterdam
Example 1: A temporary worker in the Rotterdam construction sector falls from a platform at a port project. The agency failed to provide proper harnesses, and the client did not inspect the structure. Both are at fault; the employee claims €45,000 for broken bones and recovery through the Rotterdam District Court.
Example 2: In a local distribution center, a temporary worker has an allergic reaction to substances. The agency did not warn, and the client failed to provide protective clothing. The triangular relationship results in a joint claim, leading to a court-ordered settlement.
These scenarios illustrate the dual coverage for Rotterdam residents but also delays due to disputes between parties. See also workplace accidents for temporary workers.
Rights and Obligations in the Triangular Relationship
Rights of the Temporary Worker:
- Safe conditions from both the agency and client (Arbowet).
- Compensation, including non-material damages (Article 6:95 BW).
- Wage payment during illness (up to 104 weeks, Article 7:628 BW).
- Information on hazards and collective agreement rights; consult the Rotterdam Municipality for occupational health and safety policy.
Obligations of the Temporary Worker:
- Report unsafe conditions immediately to the client and agency.
- Follow instructions and wear protective equipment.
- File a claim within 3 years (statute of limitations, Article 3:310 BW).
Obligations of the Employment Agency and Client: The agency must provide adequate instructions and risk assessments, while the client maintains a safe workplace and reports to the Labour Inspectorate (Inspectie SZW). If in doubt, contact the Legal Aid Office Rotterdam for free support with your claim.
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