Does your company hire personnel through a temporary employment agency, secondment agency, or payroll company? If so, you will be subject to the Labour Market Admission Act (Wtta). This Act aims to combat abuses in the temporary staffing market and ensure a fairer and more reliable labour market. The Act also brings new obligations for companies that hire personnel.
What changes with the Wtta?
The Wtta enters into force on 1 January 2027. Enforcement of the admission requirement will begin on 1 January 2028. From that moment on, companies may in principle only hire personnel through staffing agencies that are admitted by the Netherlands Authority for the Temporary Employment Market (NAU) or that hold an exemption. Different rules may apply for statutory exceptions.
This means that you must look not only at the availability and quality of personnel, but also at the legal status of the party with whom you are working.
What obligations do you have as a hirer?
The law entails various responsibilities for companies that hire staff:
- Check your lender's admission. From July 1, 2027, you can check the NAU public register whether a lender is admitted, has an exemption, or falls under the transitional arrangement.
- Record through which lender personnel are deployed. This must be recorded no later than before the start of the work. This obligation also applies in the case of onward lending.
- Provide the terms of employment. As the hirer, you are responsible for providing the terms of employment to the lender.
- Keep checking. It is important to regularly check whether the lender still complies with the legal requirements.
Are you collaborating with a temporary employment agency subject to admission requirements as of January 1, 2028, without a valid admission or exemption? If so, you risk a fine from the Netherlands Labour Inspectorate and must terminate the collaboration.
Why is it wise to start now?
Although enforcement does not start until 2028, it is wise not to postpone preparations. The Wtta may have consequences for existing collaborations, contracts, administrative processes, and internal hiring procedures.
Therefore, identify in good time which lenders you work with and discuss how they are preparing for the new law. This will prevent you from facing surprises at the last minute.
Prepared for the future together
At Mondial, we consider a reliable partnership between employer, staffing agency, and employee to be important. The introduction of the Wtta underscores the importance of clear agreements, meticulous record-keeping, and transparency regarding the deployment of personnel.
Would you like to know what steps your organization can take? Then view the information and checklist for borrowers on the website of the Dutch Authority for the Lending Market.
More information: www.toelatinguitleenmarkt.nl/inleners
Please note: this article is intended as general information and does not replace legal advice. For current rules and exceptions, consult the official information from the Dutch Authority for the Lending Market.
