Abstract

According to the Dutch Supreme Court, contractors enjoy protection under the Temporary Agency Work Directive (2008/104/EC) if they qualify as a temporary worker under the Directive. For this assessment a court has to inter alia determine whether the worker has an employment relationship with the temporary-work agency, using the definition of ‘employment relationship’ of the CJEU and not the definition under Dutch law. The Supreme Court ruled that the Court of Appeal had wrongly ruled that independent workers in general also enjoy the protection of the Dutch implementation legislation of Article 6(2) of the Directive.