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Hirer's remuneration: five things that often go wrong

If you hire temporary workers, you deal with hirer's remuneration (inlenersbeloning): the temporary worker is entitled to the same pay as an employee in an equal or equivalent role at your company, under your cao or pay scheme. In practice it rarely goes wrong with the hourly wage, but with the items around it. These are the five we most often see done wrong.

Collective agreement and pay calculation on a deskHIRER'S REMUNERATION

Hirer's remuneration stems from the Waadi (Placement of Personnel by Intermediaries Act) and is set out in the cao for temporary workers, which for us is the NBBU cao. The principle: a temporary worker receives the same pay and allowances as an employee in an equal or equivalent role at the hirer. So it's not about what the agency usually pays, but what your own cao or pay scheme prescribes: the correct scale wage with periodic increments, reduced working hours, allowances, travel hours, expense allowances and pay rises. Responsibility for supplying the correct information lies with the hirer; responsibility for applying it correctly lies with the agency.

1. Periodic increments are not included

With returning seasonal workers this is the classic. Under many cao's, someone who works three seasons in a row at the same company builds up entitlement to periodic increments. If that person is put back on the starting wage every spring, the pay is not compliant.

Ask your agency how it records the years of service built up by returning workers. We track this per worker per client, so the grading grows with them.

2. Reduced working hours (ADV) disappear

If your cao includes reduced working hours (ADV), the temporary worker should get them too: in time or in money. Because a flex worker is often employed for a shorter period, this is regularly skipped. The payslip must show how ADV is compensated.

3. Allowances are calculated on the wrong amount

Shift allowance, irregular hours allowance, overtime and weekend allowance must be calculated on the cao wage for the role, not on a lower base wage used by the agency. The difference seems small per hour, but adds up fast in a peak period with lots of overtime.

Check that the invoice shows the type of hours on each line: normal, overtime, night, weekend. If you can't see that, you can't check whether the percentage is correct either.

4. Travel hours and travel costs are left out

Travel time between locations at the employer's request counts as working time. On assignments where a crew moves to another location halfway through the day, this often goes unrecorded. Expense allowances from your cao or scheme, such as the commuting allowance, also form part of the hirer's pay and therefore apply to the temporary worker.

We don't charge for transport to the regular workplace, and trips between locations count as time worked. This is set out in the agreement in advance.

5. The cao change is applied too late

If the pay scales go up on 1 July, that also applies to the temporary worker, from the same date. If implementation lags a month behind, that is underpayment which you have to correct retroactively.

With us, before a cao change you receive a recalculation with the new hourly wages, so you can adjust your cost price before it takes effect.

HIRER'S REMUNERATION CHECKLIST
Can you see for each worker which job group they have been placed in?
Are years of service built up by returning workers taken into account?
Does the invoice show on each line which type of hours was worked?
How is ADV compensated, in time or in money?
Are travel hours between locations recorded as working time?
Do you get a recalculation in advance when the cao changes?

Hirer's remuneration: your risk

In the event of underpayment, the temporary worker can hold both the staffing company and the hirer liable: under chain liability for wages, the hirer is jointly liable. In addition, the Netherlands Labour Authority routinely checks the pay of flexible workers during inspections in greenhouse horticulture and the food industry. A file that shows for each worker how their pay grade was established then makes the difference between a ten-minute conversation and a lengthy process.

Want to know how we record grading? Get in touch via the request page and you'll receive a proposal with justification within one working day.

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