My Flexwork works in accordance with the Dutch Federation of Private Employment Agencies’ phase system, which determines which kind of temporary employment contract you are entitled to. The phase system consists of three phases: A, B, and C. The higher your level, the more rights you have as a flexible worker.
Phase A: During this phase, you work under a temporary employment contract with an agency clause, a zero-hour contract, meaning that you are entitled to payment for all hours you actually work. If you don’t do any work, fall ill, or if the employer has no suitable work for you for a while, you will not receive payment. Phase A takes 78 worked weeks. Every week you work counts towards these 78 weeks. The number of hours you work during these weeks does not make any difference, nor does the number of employers you work for, but only if all of the work was organised by My Flexwork. After 78 weeks, you are automatically switched to contract phase B.
Phase B:During this phase, you are entitled to so-called ‘user company remuneration’, meaning that you are not just entitled to payment for the hours you actually work, but also the hours you do not end up working but have been agreed upon in your employment contract. In short, if you fall ill or if your employer has no suitable work for you for a while, you are still entitled to payment for the number of hours agreed upon in your employment contract. Phase B lasts for four years, during which a maximum of six employment contracts for definite periods are allowed. After four years, or when you enter into a seventh employment contract for a definite period, you are automatically switched to contract phase C.
Please note that you are only switched to phase B if you start working again via My Flexwork within six months of finishing phase A.
Phase C: During this phase, you work under an employment contract for an indefinite period. If the company you are working for ends your assignment, the contract you have entered into with My Flexwork will continue to exist, and you will continue to receive a part of your salary. Also, My Flexwork is obligated to look for suitable replacement work for you, for the same amount of hours as agreed upon in your employment contract. Naturally, you must remain available for work in order to be entitled to continued pay.
Please note that you are only switched to phase C if you start working again via My Flexwork within thirteen weeks of finishing phase B.
As a flexible worker, no matter which contract phase you are in, you are not entitled to bonuses and other one-off payments, as these are not part of user company remuneration under the Dutch Federation of Private Employment Agencies’ collective labour agreement.