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.

If your business provides employees for commercial purposes, you must update your business activity in the Business Register. You can do this by reporting a change. 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 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:

  • A temp 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. This is called intra-corporate transfer.

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, should the Netherlands Labour Inspectorate decide to conduct 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').

Information in other languages

Posting workers to the Netherlands temporarily

All businesses posting workers to the Netherlands temporarily have to follow Dutch rules and regulations. For instance, registering with the Tax Administration of the Netherlands, and paying statutory minimum wages. Do you run a business in an EEA country or Switzerland? And do you assign employees to your Dutch customer or branch on a temporary basis? For example, if your business is a temporary employment agency, secondment agency, construction firm, or manufacturer. Then you must notify the Dutch government of the posting of your workers. Read all about it in the Checklist for posting employees to the Netherlands.
 

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)

You have to register your business with KVK as soon as possible. 

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.