Arbeidsrechtelijke driehoeksverhoudingen De uitzendovereenkomst, payrolling, detachering en contracting

This book analyses various situations in which there is the matter of triangular labour relations. This is the case when the employer makes the employee available to a client, such as in the case of agency work and payrolling, but this may also be the case when employees are seconded and when work or activities are outsourced to a third party under the heading of contracting. Being employed within a triangular employment relationship has consequences for the legal position of the employee. Specific rules and regulations in the Civil Code and beyond are applicable in this situation, in particular in the Netherlands Posting of Workers by Intermediaries Act (Waadi).

In recent years case law has ruled in different ways on the legal qualification of and liability within employment law triangular relationships. In addition, more fundamental changes seem to be on the way. In its advice of 23 January 2020, the Work Regulation Committee advised the government to fundamentally change the regulation of triangular labour relations, and the advice of the Social and Economic Council of 2 June 2021 also contains some proposals in this regard. These developments are also discussed in this book.