Hiring out or provision of workers in the Netherlands

Do you hire temporary staff or outsource employees? Then there are conditions you must meet under the Dutch Workers Allocation by Intermediaries Act (Waadi). This law aims to reduce the exploitation of workers.

Hiring staff

Do you ever hire staff? Then use the KVK Waadi check (in Dutch) to determine if the organisation you hire from is allowed to do so. This will help you avoid a fine.

Posting employees

Do you supply workers and receive compensation for this? Then you need to register this in the Business Register. How you do this depends on whether you provide staff on a commercial or non-commercial basis.

Do you provide workers commercially?

Do you have a temporary employment agency, staffing agency, labour pool, or payroll company? Then you are hiring out staff on a commercial basis.

Are you already registered in the KVK Business Register for other activities?  Then you must update your business activities in the Business Register. You can do this by reporting a change. Enter your company’s name or KVK number and then click on ‘Activiteiten’. In the activity description, enter one of the following business activities:

  • 'Uitzendbureau' ('employment agency')
  • 'Uitleenbureau' ('temporary staff supplying agency')
  • 'Banenpools (werkgelegenheidsprojecten)' ('labour pool')
  • 'Payrolling' ('payroll company')

Are you starting a new business and hiring out staff? Mention this on the registration form.

Do you have a foreign organisation and want to hire out staff commercially in the Netherlands? Then register in the Business Register with this activity. You must also notify the arrival of posted workers (Meldplicht WagwEU).
 

Do you provide workers as a non-commercial activity?

You do not hire out workers commercially if it is not part of your standard business activities.

If your company provides workers as a non-commercial activity, you are requested to report this to KVK by using this form (in Dutch).

Under 'Uw vraag' ('Your question'), select 'Hulp bij wijzigen' ('Help with making changes').

Then under 'Stel hier uw vraag' ('Ask your question'), say that you provide workers as a non-business-related activity. This must be in Dutch, so please copy and paste the Dutch sentence: 'Hierbij meld ik dat mijn bedrijf niet-bedrijfsmatig arbeidskrachten ter beschikking stelt'.

In the remaining fields below, please include your personal details and the KVK number of your business.

Finally, click 'Verstuur uw vraag' ('Send your question').

Examples of when to register, and when not

Registration required:

  • An employment agency in Germany that provides painters to Dutch companies. 
  • A consultancy bureau that seconds an employee to a client who is temporarily understaffed.

No registration required:

  • A gardening company that appoints employees to plant a garden at a client's premises.
  • A holding company with several operating companies, that seconds employees from one operating company to another.

If you are not certain whether or not your company provides workers as a business activity, we advise you to register it as a business activity. That way, you avoid a fine if the Netherlands Labour Inspectorate conducts a check on your company.

Have you stopped providing workers commercially?

Did you have a temporary employment agency, staffing agency, labour pool, or payroll company? And have you stopped doing this? You must update your business activity in the Business Register. You can do this by reporting a change. Choose ‘Activiteiten’ (‘Changes’) and select your new activities. Go through the steps and submit the change online or by post. The business Waadi registration will expire as soon as your KVK registration is updated.

Have you stopped providing workers as a non-commercial activity?

You do not hire out workers commercially if it is not part of your standard business activities.

Please inform KVK using this form (in Dutch).

Under 'Uw vraag' ('Your question'), select 'Hulp bij wijzigen' ('Help with making changes').

Then under 'Stel hier uw vraag' ('Ask your question'), say that you provide workers as a non-business-related activity. This must be in Dutch, so please copy and paste the Dutch sentence: ‘Hierbij meld ik dat mijn bedrijf is gestopt met het niet-bedrijfsmatig ter beschikking stellen van arbeidskrachten’.

In the remaining fields below, please include your personal details and the KVK number of your business. Finally, click 'Verstuur uw vraag' ('Send your question').

Greater certainty with the SNA quality mark

Temporary employment agencies can apply for an SNA quality mark. These companies are regularly inspected by Stichting Normering Arbeid. And are listed in a the Labour Standards Register. You limit the risk of recipients' liability by hiring staff from a company with the SNA quality mark. This means that the tax authorities cannot reclaim any unpaid payroll taxes and VAT for the hired staff from you. You will have to meet the conditions.

Frequently asked questions

The legislation 'Wet allocatie arbeidskrachten door intermediairs' (Waadi) includes a few components that describe when you hire out or provide workers in the Netherlands (ter beschikkingstelling van arbeidskrachten, TBA). It includes the following components:

  • worker;
  • for payment;
  • to someone else;
  • under their supervison and guidance;
  • other than by an employment contract;
  • work.

In practice workers can work in various constructions and be offered under different names. For example, it could be temporary work, secondment, payrolling or hiring or lending out staff. It does not matter which name is used. If all components that were mentioned before are present, there is TBA. That is determined with the facts and circumstances of a concrete situation. 

The business providing staff has to be registered in the Business Register as a business that provides staff. The business borrowing staff has to show that they have checked with the Netherlands Chamber of Commerce (KVK) if the provider is registered.

The ministry of Social Affairs and Employment wants to prevent illegal labour and exploitation of workers.

The Labour Inspectorate of the Ministry of Social Affairs and Employment checks and (if necessary) issues fines. Both the business that provides the workers and the business that lends the workers can be fined.

Do the Waadi-check (in Dutch)

Is your question not included? More frequently asked questions can be found on our Help and contact page. It also states how you can contact us.