Flex Workers Security Act passed in the House of Representatives

On Tuesday, April 21. the vote took place on the Bill More Security for Flex Workers. A large number of amendments were adopted. The most important of these are:

1. the breakthrough period of chain rule from 60 months was changed to 36 months;
2. the hour criterion for the chain of custody and ‘on-call’ contracts for ‘small employment’ has been equalized from 12 hours to 16 hours;
3. Allowing zero hours contracts for those over the age of 65;
4. agency clause not invocable during temporary worker's disability;
5. AMvB restricting equivalency test by collective bargaining agreement (and thus at least the same working conditions ex art. 8 Waadi) (no. 40);
6. Establish by ministerial regulation what constitutes reasonable fees ex Article 9a Waadi.

The amendment under number 5 above is relevant to the temporary employment sector, because it gives the Minister the authority to determine in the General Administrative Order that certain employment conditions for temporary agency workers must not be 'equivalent' but 'at least the same' in a collective labour agreement. This can have consequences for the 'equal pay rules' in temporary employment collective agreements.