Registration obligation Workers Allocation by Intermediaries Act
Do you offer staff as a paid intermediary? For example, you have a secondment company or a temp agency. The Waadi Act ( in Dutch: the Wet allocatie arbeidskrachten door intermediairs) states that you as a lender must register this business activity with the Business Register. This is called the Waadi registration. You can check with KVK whether you need to register.
Do the Waadi check if you hire personnel through an intermediary
If you make use of the services of an intermediary for hiring temporary staff, you are legally obliged to check if their registration in the Business Register is correct by doing the KVK Waadi check (in Dutch). If the company is not registered properly, you are not allowed to hire staff through them.
Avoid a fine
Are you already in business with an agency? And is the company from which you hire personnel not properly registered in the Business Register? Then you risk a fine as a hirer. This is why you should always check the Waadi registration before you start hiring personnel.
Protection of employees
The government wants to combat illegal labour and the exploitation of workers. That is the purpose of the Waadi Act. The obligation to register makes it easier to detect fraud. For example, illegal labour, sham constructions, excessive working hours, and underpayment. The Waadi registration provides better protection for employees and promotes fair competition. The Netherlands Labour Authority monitors compliance with the Waadi Act.
Hiring temp workers: check the agency
As a hirer, always check whether the employment agency complies with the law. There are employment agencies that do not work fairly. This can lead to employee exploitation and unfair competition. It can also have consequences for you. For example: if the temporary employment agency underpays the temporary workers who work for you, the workers can hold you liable. This falls under the chain liability for wages. You can limit the risk of liability. The Netherlands Labour Authority has a brochure available (in Dutch) to help you avoid chain liability for wages.
Use the checklist Working with temporary employment agencies
This checklist (in Dutch) will help you select an employment agency that adheres to the rules. You also see whether you work with temporary workers in a fair and safe manner.
More certainty with the SNA quality mark
An employment agency with the SNA quality mark is included in the Labour Standards Register of the Labour Standards Foundation (Stichting Normering Arbeid, SNA, in Dutch). SNA checks all registered companies on a regular basis. If you hire staff from a company with the SNA quality mark, you limit the risk of liability for payroll taxes and VAT. In other words, if the payroll taxes and VAT for your hired staff are not paid, the Tax Administration cannot charge you. You must meet certain conditions (in Dutch).
Strike break: do not hire extra temp workers during a strike
Employees have the right to strike if they have an employment dispute with their employer. The Waadi Act states that in the event of a strike, lenders may not offer workers to replace striking employees. Temporary workers are not allowed to take over the work of strikers. This is called strike breaking and it is prohibited.