Equal pay with the hiring company to count in licences for staff lenders
The cabinet wants equal pay for lent-out staff to be weighed when licences are granted or withdrawn, a change for staffing agencies, the companies that hire them and the workers they place.
Lent-out workers must be paid the same as, or equivalent to, the staff of the company that hires them, and a licence to lend out staff will depend on it, the cabinet proposes. The Ministry of Social Affairs and Employment has opened the plan for internet consultation, where anyone can respond until 22 October. The rule is an addition to the law on the admission of staff lending (Wet toelating terbeschikkingstelling van arbeidskrachten, Wtta), which takes effect on 1 January 2027 and requires companies that lend out personnel to hold a licence.
What changes for you
- The pay requirement is expected to apply to licences from 1 July 2027.
- Lenders will be checked periodically. If they fall short, they get time to fix it. If they do not, the licence can be suspended or withdrawn.
- Companies that want to keep lending staff under the transitional arrangement must register with the NAU before 1 January 2027.
- Enforcement of the licence requirement starts in 2028. Lenders without a licence risk a fine, as do companies that use staffing agencies without one.
The pay comparison will be part of the assessment framework (normenkader) for licences. It covers terms such as pay and the number of holiday days. Employers must already meet the equal-pay requirement next year under the flex workers security act (Wet meer zekerheid flexwerkers, Wmzf).
The NAU, the staff-lending market authority, assesses licence applications. The regulation is also being extended to say which documents a lender can use to show its turnover. Turnover matters for the licence fee (leges). Options include an audited annual account or the VAT return. A company with neither can agree another method with the NAU.
The cabinet says the rules target staffing agencies and other lenders that evade the rules. It says abuses are frequent in this sector, especially involving labour migrants who are underpaid or work in poor conditions. According to the cabinet, the law should protect them better and create fair competition between companies.
The ministry reads the responses, which can lead to changes to the proposal. Information on the licensing system is on Toelatinguitleenmarkt.nl.
Wtta (Wet toelating terbeschikkingstelling van arbeidskrachten)
The Admission of Workers Act is a Dutch law that regulates the staffing agency sector by introducing a mandatory licensing system. It requires companies that supply temporary personnel to obtain a licence and demonstrate they meet specific employment standards. This framework ensures that temporary workers receive equivalent pay and conditions to the direct employees of the hiring company.
Wmzf (Wet meer zekerheid flexwerkers)
The More Security for Flexible Workers Act is a Dutch law designed to improve the employment conditions and income stability of flexible and temporary workers. It establishes stricter rules around temporary contracts and mandates requirements such as equal pay and comparable holiday leave for flexible staff. This ensures that flexible workers have more secure employment terms within the Dutch labour market.
NAU (Nederlandse Autoriteit Uitleenmarkt)
The Dutch Authority for the Placement Market is a regulatory organisation responsible for overseeing the staffing and temporary agency sector. It assesses licence applications from agencies that lend out staff and verifies their compliance with national regulations, such as reviewing their financial turnover. This body ensures that agencies operate legally and adhere to the standards required to maintain their licence.