Hiring out or provision of workers in the Netherlands

Do you supply staff to other organisations or hire staff in return for payment? For example, as a temporary employment agency, or to cope with seasonal peaks in your business.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.

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.

Situation 1: you provide workers on a commercial basis

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).

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.

Situation 2; you provide workers on a non-commercial basis

You do not hire out workers commercially if it is not one of your standard business activities. Because it is something you do only occasionally and it is not your main source of income or core business.

If your company provides workers as a non-commercial activity, you are requested to report this to KVK by using this form. Under Choose a subject, select Help with making changes. Then under Ask your question here, say that you provide workers as a non-business-related activity. In the remaining fields, enter your personal details and the KVK number of your business. Finally, click on Send your question.

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

Inform KVK using this form. Under Choose a subject, select Help with making changes. Then under Ask your question here, say that you have stopped providing workers as a non-business-related activity. In the remaining fields, enter your personal details and the KVK number of your business. Finally, click on Send your question.

Examples of when to register, and when not

Registration almost always required:

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

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.

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.