Employers who employ or hire foreign staff through an intermediary (such as temporary employment agencies, contracting firms, cleaning companies or subcontractors) are employers within the meaning of the Foreign Nationals Employment Act.
More than 1 employer
The definition of the term 'employer within the scope of the Foreign Nationals Employment Act' is broader than the civil-law definition of the term 'employer'. Anyone who hires staff is considered an employer and therefore bears the responsibilities of an employer. This means that hired foreign workers may have more than 1 employer: the intermediary and the company that hires them. The same applies to clients and (sub)contractors.
All employers are responsible for proper compliance with the Foreign Nationals Employment. An employer can be fined or sanctioned for any violation in the chain of employers. More information about the fine amounts (Dutch) and the enforcement policy of the Netherlands Labour Authority can be found here.
Responsibilities of employers
All employers, from (main) clients to (sub)contractors, and from temporary employment agencies to hirers, are responsible for proper compliance with the Foreign Nationals Employment Act. For example, an employer must have a valid work and check the identity of the workers permit (unless the intermediary already demonstrably has a work permit).
Checking intermediaries
Employers hiring workers through an intermediary should check whether the intermediary is registered as such in the commercial register of the Chamber of Commerce. This can be done with the 'Waadi' check. If this is not the case, the hirer and the intermediary both risk a fine (Dutch) under the Placement of Personnel by Intermediaries Act (Waadi Act), which fine depends on the number of workers assigned.
Other obligations
Furthermore, employers must ensure that foreign workers are paid at least the minimum wage. As de facto employers, they must also ensure good working conditions. If a temporary employment agency or subcontractor fails to pay contributions and taxes, these may be recovered from the de facto employer in certain cases.