Legal advice on payroll constructions


Questioner

Dear readers, I have a question about a payroll construction. I recently got a job at an American company. This company has its business going via a payroll company in the Netherlands. This payroll company (Financial advisory office) has drawn up a contract for me, but a number of matters are not included (such as the collective labor agreement). In addition to the standard items included, such as contract duration, payment, etc., a number of items are also missing. The payroll office is independent and not affiliated with a trade association, the owner indicates that the payroll company is my employer. I receive the assignments from the American company. My questions: 1. Can you fall back on a kind of standard collective labor agreement in such a construction? 2. Do you have third party liability insurance? 3. Can I fall back on disability insurance in the event of a related incident? industrial accident? Please share your vision

Lawyer

Dear Sir or Madam, It is very understandable that you are confused about certain matters. Here are the answers to your questions: 1) If the payroll company indicates that it is not affiliated with a trade association, the collective labor agreement of the General Association of Temporary Employment Agencies (ABU) applies. 2) As the legal employer, the payroll company arranges the liability insurance 3) The answer to question 2 also applies to absenteeism insurance Please note that you should read the ABU collective labour agreement for more information on these topics. If you have any questions, please do not hesitate to contact me.

Questioner

Dear Mrs. Hooff, Thank you very much for your answers. Can you tell me where I can find your answer about ABU and WA (question 1 and 2)? What I am also concerned about is disability, the hirer (as client of my payroll company) has various branches in Europe. For this I regularly have to go to England, for example. Suppose: I get out of the plane and have an unfortunate fall. As a result, I become permanently disabled. Am I insured under this construction, where nowhere in my contract does it state whether my employer has taken out disability insurance? Thank you in advance for your advice.

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