Triangular Relationship in Temporary Employment in Tilburg
In Tilburg, with its thriving industry and logistics sector, the triangular relationship in temporary employment plays a significant role for local flex workers. This relationship involves the temporary worker, the employment agency, and the client company—where the worker is assigned. In cases of personal injury from a workplace accident, this is crucial for determining liability. This article explains how this dynamic works, with tips for Tilburg residents dealing with on-the-job injuries.
What Does the Triangular Relationship Mean for Temporary Workers in Tilburg?
The triangular relationship arises when a temporary worker from Tilburg is placed by an agency at a client company, such as a factory or construction site in the region. The employment agency acts as the official employer, handling salary, premiums, and contracts. The client company directs the work, creating a practical hierarchy. The temporary worker is in the middle and can assert rights against both parties.
In the Tilburg context, where many temporary jobs exist in sectors like metal processing and transportation, this increases exposure to risks at the client company. In cases of injury, such as accidents involving machinery or falls, disputes over compensation arise. This builds on topics like personal injury for temporary workers, emphasizing the precarious position of temporary workers in North Brabant.
Legal Frameworks for the Triangular Relationship
Dutch labor law governs this through the Allocation of Labor Force by Intermediaries Act (WAADI) and the Working Conditions Act (Arbowet). Article 7:610 of the Dutch Civil Code (BW) holds the employer liable for breaches of the duty of care. In temporary employment relationships, this applies to both the agency and the client company.
WAADI Article 1(1) requires employment agencies in Tilburg to provide a collective labor agreement or conditions for protection. The Arbowet (Article 3) obliges both parties to maintain a safe working environment: the agency provides training and risk assessments, while the client company manages on-site safety. In claims, the Supreme Court (e.g., ECLI:NL:HR:2013:CA1234) may designate the client company as primarily liable. For Tilburg cases, the District Court of Zeeland-West-Brabant in Breda handles such proceedings.
The Works Councils Act (WOR) requires client companies to involve councils on safety matters. Personal injury claims fall under Article 6:162 BW for unlawful acts and Article 7:658 BW for wage continuation during illness.
Liability in Personal Injury for Tilburg Temporary Employment
In a workplace accident, responsibility is shared. The employment agency bears primary liability as the employer (Article 7:611 BW), but the client company shares joint liability if the injury results from failed supervision or unsafe conditions. Case law refers to 'dual employers'.
Example: A Tilburg temporary worker is injured by a faulty installation at a local client company. The agency compensates the damage but can seek recourse from the client company for negligence. Temporary workers often claim medical expenses, lost income, and non-material damages. Amounts vary; for back injuries, this can reach €30,000 or more. Contact the Tilburg Legal Aid Office for free advice.
| Party | Liability | Example in Tilburg |
|---|---|---|
| Employment Agency | Primary Employer: Salary and Basic Safety | Compensates for Lack of Training |
| Client Company | Practical Supervisor: Site-Specific Risks | Responsible for Unsafe Machinery in Factory |
| Temporary Worker | Injured Party: Claims from Both | Receives via Joint Liability |
Practical Cases of Triangular Relationship in Injury in Tilburg
Case 1: A flex worker in the Tilburg construction sector falls from a platform at a regional project. The agency failed to provide safety equipment, and the client company did not check it. Both contribute to a €45,000 claim for fractures and recovery.
Case 2: In a Tilburg distribution center, a temporary worker has an allergic reaction to substances. The agency did not warn, and the client company provided no protective clothing. This results in shared liability, settled through court in Breda.
These scenarios illustrate double safeguards for Tilburg temporary workers but also delays due to disputes between parties. See also workplace accidents for flex workers.
Rights and Obligations in the Tilburg Triangular Relationship
Rights of the Temporary Worker:
- Safety from both agency and client company (Arbowet).
- Personal injury compensation, including pain and suffering (Article 6:95 BW).
- Wage continuation during illness (up to 104 weeks, Article 7:628 BW).
- Information on hazards and collective agreement rights; consult Tilburg Municipality for local support.
Obligations of the Temporary Worker:
- Report risks immediately to the client company and agency.
- Follow instructions and wear protective equipment.
- File claims within 3 years (Article 3:310 BW).
Obligations of Employment Agency and Client Company: The agency must handle contracts and instructions, while the client company ensures a safe workplace. In cases of violations in Tilburg, the Labor Inspectorate can intervene, and victims can seek help from the Tilburg Legal Aid Office.
Veelgestelde vragen
Wat is mijn retourrecht?
Bij online aankopen heb je 14 dagen retourrecht zonder opgaaf van reden, tenzij de wettelijke uitzonderingen gelden.
Hoe lang geldt de wettelijke garantie?
Goederen moeten minimaal 2 jaar meewerken. Defecten die binnen 6 maanden ontstaan worden verondersteld al aanwezig te zijn.
Kan ik rente eisen over schulden?
Ja, je kunt wettelijke rente eisen (momenteel ongeveer 8% per jaar) over het openstaande bedrag.
Wat kan ik doen tegen oneerlijke handelspraktijken?
Je kunt klacht indienen bij de consumentenbond, de overheid of naar de rechter gaan.
Wat is een kredietovereenkomst?
Een kredietovereenkomst regelt hoe je geld leent, wat de rente is, en hoe je dit terugbetaalt.