New admission requirement for personnel providers: what does the Wtta mean for hirers and providers?

With the Admission of the Provision of Workers Act (Wet toelating terbeschikkingstelling van arbeidskrachten, “Wtta”), an admission system is introduced for undertakings that make workers available to third parties. The current Waadi registration requirement for providers in the Trade Register (Article 7a Waadi) will be abolished. The core of the system is that providers may only make workers available if they have been admitted by the Minister of Social Affairs and Employment. Hirers, in turn, may only procure workers from admitted providers. 

To obtain admission, providers must, among other things, submit a Certificate of Conduct (Verklaring Omtrent het Gedrag, “VOG”), pay a security deposit of, in principle, €100,000, and demonstrate that they comply with a statutory standards framework (normenkader). This standards framework relates, among other things, to compliance with employment law, tax law and social security obligations, including correct payment of wages and remittance of taxes and social security contributions. For start-up undertakings, a lower security deposit of €50,000 applies in the case of provisional admission.

The Dutch Labour Authority (Nederlandse Arbeidsinspectie) supervises compliance. Hirers and providers that fail to comply with the obligations may be fined. Administrative fines can amount to €103,000 per violation, with an increase in the event of repeat offences. In the event of repeated violations, a preventive shutdown may ultimately be imposed (for both hirer and provider).

An undertaking qualifies as a provider within the meaning of the Wtta if it makes workers available to another party in the course of the provider’s business or professional activities ( i.e. for remuneration) to work under the direction and supervision of that other party. The Wtta therefore applies not only to temporary employment agencies, but also, for example, to payroll companies, secondment firms, onward suppliers and other undertakings that have personnel work for third parties. Foreign undertakings also fall within the scope of the Wtta if the work is performed in the Netherlands.

The Wtta does not apply in the following situations:

• No work under the direction and supervision of a third party
  If an undertaking does not make employees available to work in the Netherlands under the direction and supervision of another party, it does not fall within the scope of the Wtta. In the case of, for example, contracting or consultancy, the decisive factor is who actually exercises direction and supervision.
• Collegial lending
  The temporary lending of an undertaking’s own employees to another undertaking without a profit motive falls outside the admission requirement. Under the Wtta, this is further specified as lending in exchange for compensation not exceeding the wage costs.
• Intra-group or intra-company lending
  The existing exception for intra-group provision of workers remains in place. The Waadi does not apply to the provision of workers within the same group. Since the Wtta is based on the Waadi concept of provision of workers, the Wtta admission requirement likewise does not apply to intra-group lending.
• Specifically exempted sectors
  Certain government organisations and institutions that help people with work-limiting disabilities into employment, vocational training foundations for BBL trajectories, and licensed security companies/private investigation agencies are exempt, among others.
• Limited ancillary activity with exemption
  Undertakings for which the provision of workers is only a limited ancillary activity may apply for an exemption, subject to conditions. These include, among other things, that the turnover from the provision of workers is less than 10% of the total turnover and does not exceed €5 million per year.

 For hirers, the Wtta means that, before hiring workers, they must verify whether the provider is included in the NAU’s public register as an admitted provider, or whether it falls under a transitional arrangement or holds an exemption. This verification obligation is ongoing in nature. Hirers must also record which worker is made available by which provider and retain these records for the statutory retention period. In the case of onward supply, it must also be traceable who the formal employer or contracting party of the worker is.

For personnel providers, the Wtta means that they must assess timely whether they are subject to the admission requirement and, if so, prepare the application. This includes, among other things, obtaining a VOG, providing the security deposit, complying with the standards framework and having an inspection report prepared by a private inspection body. Providers must also organise their administration in such a way that it is clear which workers have been made available to which hirers. If the provider also arranges accommodation, additional obligations apply regarding certified housing and the provision of information to workers.

Important dates:

• 1 November 2026 through 31 December 2026: providers can register for the transitional arrangement via www.toelatinguitleenmarkt.nl. This registration is relevant in order to qualify for transitional law.
• 1 January 2027: the Wtta enters into force. From this date, providers must comply with the statutory obligations, including the standards framework.
• 1 May 2027 through 30 June 2027: providers can apply for their mandatory admission via www.toelatinguitleenmarkt.nl. During this period, an exemption can also be applied for by undertakings for which the provision of workers is only a limited ancillary activity.
• From 1 July 2027: the NAU starts assessing admission applications. From that moment, hirers can check the NAU’s public register to verify whether a provider has been admitted, holds an exemption or falls under the transitional arrangement.
• From 1 January 2028: the Dutch Labour Authority is expected to start enforcing compliance with the admission requirement.

Want to know more? 

Assess the impact of the Wtta on the organisation in good time. Our specialists can assist with determining whether the admission requirement applies, preparing for the new requirements and assessing the implications for hiring and personnel provision processes. Contact us to discuss this further.