Payrolling Contract: What to Do?

Questioner

My husband works with a permanent contract as a pre-processor at a paint shop and bodywork company with a CAO small metal and PMT pension fund. Now he 'has to' sign a payrolling contract. According to the employer nothing changes, but he does get a different 'legal' employer, a different CAO (StiPP), no more ADV days accrual, but payment (without consultation) etc. Is it wise to sign such a new agreement and can the employer oblige him to do so?

Lawyer

After signing the payroll agreement, nothing changes regarding the actual employer and the work. Regarding the legal employer and the (formal) position of your husband, a lot changes. There has been a lot of talk about payrolling lately. Many judges have added a number of ifs and buts to it. Before your husband signs the new contract, I would have the employer/payroll company put down on paper exactly what is changing and what the (financial) consequences are. Otherwise I would not sign. The employer cannot simply force your husband to do so. The double reasonableness test applies.