Probation, termination and sickness on an agency contract: what you're entitled to and what you're not (2026)

In short: Three situations where agency workers leave the most money on the table: the probation
period (in a contract of six months or less it isn’t even allowed), termination (in phase A the end
of the assignment is the end of the contract — but not because of sickness), and sickness (since 2026
sick pay follows the client company’s rules, at least 70%). This article takes the three one by one: what
the law says, what the CAO says, and what to ask before you sign or call in sick.

Which phase you’re in — everything depends on it

The three phases of the agency-work CAO (ABU and NBBU, 2026–2028) decide how much protection you have:

• Phase A — the first 52 weeks worked. Typically a contract with an uitzendbeding: your contract
  lasts as long as the assignment. If you’ve been getting consecutive phase A contracts since July 2023,
  each one is at least 4 weeks.
• Phase B — after that, fixed-term contracts without an uitzendbeding; currently up to 3 years (the
  planned Wet meer zekerheid flexwerkers would shorten this to 2 years — expected in 2027 or 2028*¹).
• Phase C — a permanent contract with the agency.

If you don’t know which phase you’re in: it’s on the first page of the contract (“fase A”, “fase B”), or
ask the agency in writing. (In detail: “Agency contracts: phase A, B and C — what you get in each”.)

Probation: when it’s allowed and when it isn’t

During probation (proeftijd) either side can end the contract immediately, without reason and without
notice. That is exactly why the law limits it strictly:

Contract	Maximum probation
Fixed-term, 6 months or shorter	none — not allowed
Fixed-term, longer than 6 months, shorter than 2 years (or with no end date)	1 month
Fixed-term, 2 years or longer; permanent	2 months

Probation must be agreed in writing — what was only said doesn’t exist. If your 4-week or 3-month phase A
contract contains a probation clause, that clause is void: under 6 months it isn’t possible. A CAO may
deviate, but the agency-work CAO does not extend it.

The twist in phase A: with an uitzendbeding contract the agency doesn’t need probation, because the
assignment can end at any time — and the contract with it. So probation really starts to matter from phase
B, once you have a fixed-term contract. There, check: how many months is the contract, and does the
probation fit the table.

Termination: who can end it, when, and what follows

If the agency (or the client) ends it:

• Phase A, with uitzendbeding: the client can say there is no more work, and the contract ends with
  the assignment. No reason is needed. There is one exception, and it matters: not because of sickness
  (see below).
• Fixed-term contract (phase B): it ends by itself on the end date. If the contract is 6 months or
  longer, the agency must tell you in writing at least 1 month before the end date whether it
  continues (aanzegtermijn). If it fails to, you’re owed compensation of up to one month’s pay. It can
  only end the contract early if the contract contains a clause for that (tussentijds opzegbeding), and
  then only with notice.
• Transition payment (transitievergoeding): if the employment ends at the employer’s initiative — no
  renewal, dismissal, or ending the assignment via the uitzendbeding*² — it is due from the first day
  of employment: a third of a month’s pay for every year worked, pro rata. Even after four weeks of work
  it’s due — small, but yours, and you have to claim it: at the latest within 3 months after the end,
  through the court, if the agency doesn’t pay.

If you resign:

• A fixed-term contract can only be ended early if the contract says so; the statutory notice period is
  1 month by default unless the contract says otherwise.
• In phase A, on an uitzendbeding contract, the CAO allows the worker a short notice period — in practice a
  few working days*³. It’s in your contract; check before you leave.
• What not to do: simply stop showing up. “Didn’t turn up” can be grounds for ontslag op staande voet
  (summary dismissal) at the agency, and then neither unemployment benefit nor the transition payment is due.

What follows: if the employment has ended and there’s no new one, you can claim WW (unemployment
benefit) from the UWV if you worked in at least 26 of the last 36 weeks — that’s a separate article.

Sickness: what changed in 2023 and in 2026

Two dates worth knowing:

Since 1 July 2023: the contract cannot end because of sickness. After the Supreme Court’s ruling of
March 2023, the ABU and NBBU CAOs state that the agency cannot invoke the uitzendbeding because you fell
ill. Your contract continues and the agency pays sick pay. (If the assignment ends for another reason —
the work ran out — that is still possible.) This protection is certain at CAO-bound agencies; at the
roughly 15% of agencies outside the CAO it isn’t necessarily*⁴ — ask whether they are an ABU or NBBU
member.

Since 1 January 2026: sick pay follows the client’s rules. Under the new CAO, continued pay during
sickness (loondoorbetaling bij ziekte) is what the client company would pay its own employee — at
least the statutory 70%, but if the client pays 100% in the first weeks, so do you. Anyone who fell ill
before 1 January 2026 stays under the old rule. (On the proposal that surfaced in September 2026 — “at
most 70% after 6 months”: “Sick-pay cap: what the government is planning” — that is not law yet.)

If the contract nevertheless ends during sickness (it expires, or the assignment runs out): the agency
must report you sick to the UWV, and from there you receive Ziektewet benefit (70% of daily pay, for up
to 2 years). It isn’t automatic — a letter comes from the UWV, you must respond to it, and you must report
your recovery to both the UWV and the agency.

Waiting day (wachtdag): previously the first sick day was unpaid, with compensation built into the
weekly pay; how this works under the 2026 rules you’ll have to ask the agency*⁵.

How to call in sick without losing out: to the agency (not only the warehouse supervisor),
before the start of the shift, in the way your contract specifies — phone, app, email. Note when and
whom you told. The agency may ask for contact details and a medical certificate, but may not ask for your
diagnosis.

What to do now

1. Check your contract in three places: which phase, whether there’s a probation clause (not allowed
   under 6 months), and whether there’s a tussentijds opzegbeding and a notice period.
2. Ask the agency in writing whether it falls under the ABU or NBBU CAO, and what percentage of sick
   pay the client pays in the first weeks.
3. If you’re ill: report it to the agency before the shift, write it down, and if the contract ends
   meanwhile, wait for the UWV letter — never leave it unanswered.

Related listings: Current listings on jobSCAN →
In the listings, the “Contract” field shows the contract type and duration where the advertiser has given it.

* Notes — where there is no exact or citable figure:
*¹ Sources give different dates for the entry into force of the Wet meer zekerheid flexwerkers (2027 vs. 1 January 2028); as of September 2026 the law is not yet in force.
*² Whether the transition payment is due when the uitzendbeding is invoked: under the legal interpretation since the 2020 WAB, yes (the employment ends at the employer’s initiative), but this article has no separately cited source for it. The cap was €98,000 in 2025; the indexed 2026 amount was not checked.
*³ The worker’s notice period on a phase A uitzendbeding contract was not verified against the CAO text; “a few working days” describes market practice, it is not a quotation.
*⁴ The “more than 85% under a CAO” share comes from the 2023 Salaris Vanmorgen summary; the 2026 status of the ABU CAO’s general binding declaration (AVV) was not checked.
*⁵ The 2026 rule on the waiting day is not detailed in the sources available to us.

Sources: Rijksoverheid — Hoelang duurt mijn proeftijd? (2026) · Randstad Werkpocket — CAO uitzendkrachten 2026–2028: alle wijzigingen op een rij (2026) · Salaris Vanmorgen — Ontwikkelingen uitzendbeding bij ziekte — antwoord op vragen (2023-12-21) · JEX — Alles over de cao ABU voor uitzendkrachten in 2026–2028 (2026) · ABU — CAO voor Uitzendkrachten 1 januari 2026 t/m 31 december 2028 (2026)