Dutch Supreme Court Ruling Has Major Implications For Hirers Of Temp Workers

The Dutch Supreme Court has ruled that works councils have an advisory right with respect to any proposed decision to hire temporary workers on a group basis, irrespective of whether the hiring is a routine practice or a one-time occurrence.

The decision has implications for all companies engaging in similar practices. Hirers of temporary workers should be aware of this obligation to avoid future conflicts with the works council. This also applies to hirers who make use of a platform or an employer of record (EOR) for the provision of temporary workers.

Background and decision

The case involves the online division of Albert Heijn (AH). About 90% of the approximately 9,500 temporary workers of AH are hired to fulfil online orders. AH conducts tender procedures with employment agencies every two years to secure the necessary workforce. These procedures establish framework agreements that determine the terms and conditions for hired workers. The dispute centred