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Dutch labour inspectorate find Tentoo incorrectly qualified temp workers as freelancers (Zipconomy)

20 July 2023

The Dutch Labour Inspectorate (NLA) sided with union FNV in a report and stated that Dutch payroll company Tentoo incorrectly qualified temporary workers who worked for news broadcasting companies Omroep Brabantas and RTV Oost as freelancers, reports Zipconomy. The NLA conducted the investigation at the request of the trade union FNV. The report was first launched in 2020.

Tentoo has since terminated all contracts and paid the dozens of temporary workers. There are still two cases before a court involving employees who subsequently continued as self-employed persons with a so-called ‘fictitious’ employment contract.

Elcke Jansen, CEO Brisker Group/Tentoo, said the inspectorate is not at all able to determine whether or not there is a relationship of authority and therefore employment. “Their research is too limited, too one-sided and too random. They used a very brief and self-devised testing framework, selectively retrieved statements and also used them selectively.” According to Jansen, it is up to the judge to make such decisions.