Unpaid waiting for work: Labour Inspectorate looks at 'waiting rooms' in the agency sector

On 29 October 2026 the Netherlands Labour Authority (Nederlandse Arbeidsinspectie) published 'Waiting for work for nothing', with case stories about 'waiting rooms' in and around the temporary agency sector.

What does the Inspectorate see?

Agency workers sometimes wait hours, days or even weeks for work without being paid, while having to remain available to the agency. They wait at their accommodation, report to the workplace when there is no work yet, or have to be reachable all day. Meanwhile, the costs of housing, living and transport continue; migrant workers in particular end up in a vulnerable position.

Hirers want to be able to deploy extra staff quickly. Agencies therefore sometimes keep more people available than there is work for. The Inspectorate sees features of a business model in this waiting and looks for signs of unpaid waiting and constant availability during inspections.

The legal question

Legally, the question is whether an agency contract is running during the waiting time and whether wages are owed for that time (Article 7:628(1) Dutch Civil Code). The agency contract may deviate from this in writing for up to the first 26 weeks in which the employee performs work, extendable to 78 weeks by collective agreement (Article 7:691 Dutch Civil Code).

Practical tips

• Record when an agency contract starts and ends, and what that means for wage payment.

• Do not require constant availability without work or pay.

• As a hirer, align planning with the agency so that no unpaid waiting time arises.

Read the original: Netherlands Labour Authority, 29 October 2026

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This blog provides general information and is not legal advice. For advice on a specific situation, please contact us.