The Provision of Personnel (Accreditation) Act (Wet toelating terbeschikkingstelling van arbeidskrachten) was published in the Official Gazette (Staatsblad) in 2024 and introduces a mandatory accreditation system for all businesses that supply workers to third parties in the Netherlands. The mandatory accreditation requirement is currently expected to apply from 1 January 2027.
Scope of the accreditation requirement
The Act applies to all entities that make workers available to third parties on a commercial basis. This includes temporary staffing agencies, secondment firms and other forms of personnel provision. Both Dutch-based and foreign suppliers providing workers in the Netherlands will need to be accredited. The accreditation must be obtained from the Minister of Social Affairs and Employment.
Accreditation conditions
To obtain and maintain accreditation, suppliers must meet a range of conditions. These include compliance with applicable labour laws, tax and social security obligations, and financial requirements such as the provision of a deposit or guarantee. The accreditation system is intended to create a level playing field and drive out operators that undercut competitors through non-compliance.
Consequences of non-compliance
Operating without accreditation will be prohibited. The Dutch Labour Authority (Nederlandse Arbeidsinspectie) will be responsible for enforcement. In addition, hiring entities that engage workers through non-accredited suppliers of personnel may face joint liability for wages and employment conditions. This means that not only the supplier, but also the hiring entity could be held responsible for underpayment or poor working conditions.
What should employers do now?
Organisations that supply workers to third parties should begin preparing for the accreditation process well in advance. Hiring entities should review their supply chains to ensure that the staffing agencies and other suppliers they engage are aware of the accreditation requirement and are taking steps to comply. Given the joint liability provisions, due diligence on the accreditation status of personnel suppliers will become an essential part of procurement and vendor management.