This requirement to register is laid down in legislation called WAADI. It was implemented in 2012 and aims to prevent illegal staffing practices and to reduce worker exploitation.
To whom does this law apply?
Every company or legal entity that provides workers in the Netherlands must register this activity in the KVK Commercial Register. It makes no difference whether your company is based in the Netherlands or abroad. The legislation also applies to foreign organisations. Among those affected are temping agencies, employment agencies, payroll companies and jobs pools based outside the Netherlands but active in the Netherlands. All of these companies must register in the Commercial Register. But the WAADI also affects companies that hire workers.
Does your company provide workers?
The law applies to companies that provide workers as part of their normal business activities as well as to companies that do so incidentally – meaning this activity is not part of the company’s day-to-day activities. The law uses the following definition for the provision of workers: ‘the provision of workers to another party on a paid basis for the performance of work under the supervision or management of the said party, other than by virtue of an employment contract concluded with the said party’.
In concrete terms, there are three important elements:
- One company is providing workers to another company.
- The company providing workers receives a corresponding payment from the company to which the workers are provided.
- Workers who have been provided work under the supervision and direction of the company to which they are provided.
What do you have to do?
If you provide workers, you should let KVK know.
Do you provide workers as a business activity?
If you start hiring out workers as a business activity, make sure this activity is registered in the Commercial Register. If not, use a form to report a change in business/branch details. Fill in question 4.4, additional business activities. You can register this change free of charge.
Do you provide workers as a non-business activity?
If your company provides workers as a non-business activity, you are requested to report this to KVK by sending in this form (in Dutch). Under 'Jouw vraag' (your question), fill in that you provide workers as a non-business-related activity, state your KVK number, and send in the form.
Are you starting a business?
If you are starting a business, state on the registration form that you will be providing workers as a business activity.
Do you have a foreign business, and do you provde workers in the Netherlands?
Foreign companies that provide workers in the Netherlands must register with the KVK Commercial Register.
I do not know if my company provides workers or not
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 SZW Inspectorate decide to conduct a check on your company.
The law also affects all companies that hire in staff, known as recipients. Companies that use temporary staff are no longer permitted to use the services of agencies that are not properly registered. If you are a recipient company, you can consult www.kvk.nl/waadi to check if the agency you use is registered correctly. You can do so simply by entering their KVK number, which is assigned to all companies and legal entities upon registration in the Commercial Register.
Labour Standards Register
Businesses that provide workers as a business activity can register with the Labour Standards Register at Stichting Normering Arbeidskrachten to receive the SNA certificate. Recipients that do business with an SNA certified agency are exempt from certain types of liability: for instance, paying wage taxes and payroll taxes if the agency providing the workers fails to do so.
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 Dutch Tax Administration, 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.