Triangular Relationship in Temporary Work in Den Haag
In Den Haag, where many temporary workers are employed in sectors such as construction, administration, and logistics near the port activities, the triangular relationship plays a key role in personal injury cases. This relationship involves the temporary worker, the employment agency, and the client (the company on site). For residents of Den Haag, it is essential to understand who is responsible in the event of an accident, so you can claim your rights through local authorities such as the Den Haag District Court. This article highlights the dynamics, with tips tailored to flexible workers in the region.
What Does the Triangular Relationship Entail for Temporary Work in Den Haag?
In temporary work in Den Haag, a client, for example, a construction company in the Binckhorst or an office on the Rijnstraat, hires staff through an employment agency. The agency acts as the official employer, handling tasks such as salary payment, premiums, and contract terms. The client directs the work, which builds a 'de facto authority'. The temporary worker is in between and has claims to protection from both sides.
In Den Haag practice, temporary workers face risks on sites such as temporary jobs on government projects or events. In case of injury, such as slipping on a wet floor in a warehouse or injury from heavy lifting, discussions arise about compensation. This builds on themes like personal injury for temporary workers, with extra attention to the uncertainties of temporary jobs in a city like Den Haag.
Legal Frameworks for the Triangular Relationship
Dutch labor law, including the WAADI and the Working Conditions Act, regulates this triangle, with application in Den Haag through the Den Haag District Court. Article 7:610 of the Dutch Civil Code makes the employer liable for damage due to shortcomings. Both the employment agency and the client bear this risk.
The WAADI (Article 1, paragraph 1) requires employment agencies in Den Haag to apply collective labor agreements or conditions that protect employees. Under the Working Conditions Act (Article 3), both parties must ensure safety: the agency provides training and risk assessments, the client maintains daily standards. Case law from the Supreme Court, such as ECLI:NL:HR:2013:CA1234, can designate the client as the primary responsible party. The WOR also provides for employee consultation on working conditions, while Article 6:162 of the Dutch Civil Code covers unlawful acts and Article 7:658 covers wages during illness.
Liability in Personal Injury in the Den Haag Temporary Work Context
In the event of a workplace accident in Den Haag, liability is divided. The employment agency bears primary responsibility as the employer (Article 7:611 of the Dutch Civil Code), but the client shares joint liability in cases of failed supervision or unsafe sites. Case law refers to 'dual employers'.
Imagine: a temporary worker injures themselves on a faulty machine at a local company. The agency compensates initially, but can hold the client accountable if at fault. Temporary workers in Den Haag often claim medical expenses, lost income, and non-material damages; in serious injuries like a back injury, this can amount to thousands of euros. For assistance, you can turn to the Legal Aid Office in Den Haag.
| Party | Liability | Example in Den Haag |
|---|---|---|
| Employment Agency | Main employer: salary, standard safety | Compensates for lack of training on a Den Haag job |
| Client | Practical supervisor: local risks | Responsible for unsafe conditions in city centers |
| Temporary Worker | Injured party: claims from both | Receives through shared liability in Den Haag District Court |
Practical Cases of Triangular Relationship in Injury in Den Haag
Case 1: A temporary worker in the Den Haag construction sector falls from a platform at a project in the Laan van Wateringsveld. The agency failed to provide safety, the client did not check. Both pay; the employee claims €50,000 for fractures and therapy via the Den Haag District Court.
Case 2: In a distribution center near the municipal boundary, a temporary worker has an allergic reaction to substances. No warning from the agency, no equipment from the client. The triangle results in a joint claim, with a court settlement.
These scenarios illustrate double safeguards for Den Haag flexible workers, but also delays in claims. See also workplace accidents for temporary workers.
Rights and Obligations in the Den Haag Triangular Relationship
Rights of the temporary worker:
- Safe environments from both agency and client (Working Conditions Act), relevant for Den Haag workplaces.
- Compensation, including non-material (Article 6:95 of the Dutch Civil Code).
- Continued wage payment during illness (up to 104 weeks, Article 7:628 of the Dutch Civil Code).
- Access to risk information and collective labor agreements; consult the Legal Aid Office in Den Haag for guidance.
Obligations of the temporary worker:
- Report hazards immediately to the client and agency.
- Follow instructions and wear protective gear.
- File a claim within 3 years (Article 3:310 of the Dutch Civil Code), possibly at the Den Haag District Court.
Obligations of the employment agency and client: The employment agency must ensure compliance with WAADI, including registration with the Municipality of Den Haag. The client ensures conformity with the Working Conditions Act on site, with joint reporting to inspections. In case of violations, fines may follow, and temporary workers in Den Haag have the right to support through local legal aid.
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.