Basic cover
- Debt collection on unpaid invoices
- Contract & delivery disputes
- Legal advice
- Disputes with suppliers
a.s.r. · compared independently · advice from Finass
Anyone working through an employment agency has two parties above them, and when a conflict arises the first question is always which of the two you should approach.
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In agency work the employment agency is your formal employer and the hirer is the business where you actually work. Pay, contract and dismissal run through the agency; instructions, working hours and safety through the hirer. So a dispute about a missed payment goes to a different address from a dispute about unsafe work.
The work and income module of a personal legal expenses insurance is intended for exactly this. It helps with a claim for unpaid wages, with the ending of an agency contract, and with the question of whether the agency clause was rightly invoked when the hirer no longer needed you.
Watch the waiting period: with almost every insurer, employment disputes are only taken on after the policy has run for a number of months. Anyone taking out the policy after the conversation with the agency has already happened is too late. We ask ASR about that period explicitly and set it alongside other providers.
The structure of the cover in three parts, with an overview per situation below.
The basic cover insures the essentials; we show what ASR and other insurers offer here.
As well as debt collection and contracts, also employment law, disputes about your business premises and disputes with public authorities.
The most complete cover. We compare ASR's extended versions with the market.
What is covered
| Situation | Basic | Extended |
|---|---|---|
| Dispute with a contractor about work on your home | Yes | Yes |
| Recovering damages for personal injury after a collision | Yes | Yes |
| Employment dispute or dismissal | Provided that | Yes |
| Dispute about a purchase or a delivery | Yes | Yes |
| Tax dispute or dispute about assets | No | Provided that |
| A dispute that was already running before the start date | No | No |
Legal expenses insurance has a waiting period after the policy starts and a threshold: a case is not taken on below a certain financial interest. If the case goes to court, you have a free choice of lawyer. A dispute whose cause already existed when you took out the insurance is excluded.
What we do
| What we do | At Finass | Direct with a.s.r. |
|---|---|---|
| Comparison across several insurers | Yes | No |
| Advice based on your own situation | Yes | Sometimes |
| One point of contact for claims | Yes | Sometimes |
| Cancellation with your current insurer arranged | Yes | No |
| We determine whether a.s.r. is the best choice | Yes | No |
| Advice fees for you as a customer | No | No |
This overview concerns our service, not the cover. What is actually covered is set out in the policy conditions and on the insurer's insurance card (verzekeringskaart); you receive both before you take out cover.
Four points that make the difference between a policy that pays out and one that does not.
In the first phase of an agency contract an agency clause often applies: if the assignment with the hirer ends, your contract ends with it. That is legitimate, but not unlimited. If illness was involved, or a report about unsafe work, or a series of contracts that exceeds the statutory chain, the position is different. A lawyer assesses the collective agreement and the run of contracts, not just the final day.
Pay disputes in agency work are rarely about the hourly rate and usually about hours that were not passed on, about allowances the hirer knows of and the agency does not, or about grading under the hirer's pay rules. So keep your own record of hours. If the agency goes bankrupt, the UWV (the Dutch employee insurance agency) takes over part of the arrears through the wage guarantee scheme; legal expenses cover can help with that too.
If you are injured at the business you have been hired out to, you can approach that business directly: Article 7:658(4) of the Dutch Civil Code places the duty of care on the party having work done by someone with whom it has no contract of employment as well. The hirer has to show that its instructions and safety measures were in order. This is recovery work and falls under a different module from the employment dispute itself.
Disputes that were already running before the start date or arose within the waiting period are excluded. If you work as a self-employed professional rather than through an agency, that falls outside a personal policy and you need a business legal expenses insurance . Fines, criminal cases about intent and cases with an interest below the threshold amount also remain at your own expense.
Retroactive cover (prior risk) Included for your staff during work.
Insurers weigh these details differently. That is why comparing pays off.
Customers rate our service on four aspects: personal service, service delivery, availability and the outcome. The reviews are collected and published by NH1816 and come from customers who have actually taken out a policy with Finass Advies B.V. or reported a claim.
The questions we are asked most often about this.
Formally the employment agency: that is where the contract of employment sits, where the pay is paid and where the contract ends. The hirer gives the instructions and is responsible for safety on the shop floor. So you address a pay dispute to the agency, while an injury claim after an accident can be brought directly against the hirer under Article 7:658(4) of the Dutch Civil Code.
In the first phase of an agency contract it often is, because the agency clause ends the contract as soon as the hirer ends the assignment. There are limits: in case of illness the clause works differently, and after a series of contracts an ordinary contract of employment may have come into being. Have the run of contracts and the applicable collective agreement assessed before you sign anything.
No. Every legal expenses insurance policy excludes disputes that already existed at the start or that arise from events before the start date. For employment cases there is also a waiting period of several months. That is not small print but the heart of the product: what is insured is the unexpected, not the ongoing.
You can then call on the UWV wage guarantee scheme, which takes over unpaid wages for a limited period. A legal expenses lawyer helps with the application and with the part that falls outside it, such as holiday pay or compensation. First gather your contracts, payslips and records of hours; without those documents any claim comes to a halt.
Request a quote without obligation. We will look at which insurer best matches your activities and your risk.
Prefer to call? 072 - 509 24 56, weekdays 09:00–17:00.
Claim on the road? Emergency line 06 - 55 20 40 72.
Finass Verzekert is a trading name of Finass Advies B.V. We advise on and arrange non-life insurance on the basis of an objective analysis of several insurers, and receive commission for this from the insurer, which is included in the premium. You pay no separate advice fee. Before you take out cover, we establish your wishes and needs.
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This page was written and checked by an adviser at Finass Verzekert. Last updated on .
The information on this page is general in nature and is not personal advice.
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