Webinar: prepared for the new labor laws and regulations

For the Wage Transparency Act, as a client, you do not need to record the remuneration for each temporary worker individually. However, you must be able to provide insight into how remuneration is determined. With the transparency obligation, this can be on an individual level; with the reporting obligation, it concerns data at the group level. 

As a client, you are responsible for providing the correct information about your employment conditions and how remuneration is structured within your organization. The employment agency is then responsible for the actual remuneration of the temporary worker and must be able to explain how the equivalent employment conditions have been applied. 

As a client, it is important that you provide complete and accurate information about your employment conditions to the employment agency. This gives the employment agency the information needed to correctly apply the equivalent employment conditions. 

The way the final package for a temporary worker is composed and processed on the payslip is the responsibility of the employment agency. The employment agency must be able to substantiate how it arrived at an equivalent package. 

How the information about this should be exchanged and reported between different employment organizations and clients is not yet fully clear at this moment. 

Under the new rules, a contract must have a minimum working hours greater than zero. In principle, this can be one hour. 

Keep in mind that the bandwidth within which someone can then be deployed is linked to this minimum working hours. With a very low minimum number of hours, the available bandwidth is therefore also limited.

To demonstrate that someone is a pupil or student, you must request and administer a valid proof of enrollment for the relevant school year. 

For the application of the student and pupil scheme, it is not relevant if the employee later discontinues their studies or training in that same school year. When the employee has enrolled for that school year and can demonstrate this, they will continue to be considered a pupil or student for the application of this scheme throughout that school year.

If you only look at the rules regarding bandwidth, this could theoretically be possible. However, that does not automatically mean that a temporary worker can work unlimited extra hours. 

You must also take into account other applicable rules, including agreements on overtime and the Working Hours Act. Whether more than 52 hours is allowed in a concrete situation also depends on these rules and agreements.