The hiring and seconding or mediating of personnel are bound by rules under the Placement of Personnel by Intermediaries Act (Dutch). Someone who hires or supplies foreign personnel must comply with the rules of the Foreign Nationals (Employment) Act in addition to the rules of the Placement of Personnel by Intermediaries Act. Read more on the page Hiring foreign personnel.
Secondment or intermediating of personnel
An intermediary can either act as a mediator between an employer and an employee, or supply personnel:
- In labour intermediation, an intermediary puts an employer and a worker in contact with each other to establish an employment contract between the employer and the worker.
- When seconding or posting a worker, no employment contract is concluded between the hirer and the worker. In this case, the intermediary makes the worker available to the hirer for a fee 'to work under its supervision and direction'. In this case, the employee (for example a temporary worker) is employed by the intermediary and is therefore also paid by the intermediary.
Rules for suppliers and hirers
You will find more information on the differences between contracting and the provision of labour, such as agency work or payrolling, in the manual on contracting, secondment or payrolling (Dutch) from the Ministry of Social Affairs and Employment.
Penalties for breaching the Placement of Personnel by Intermediaries Act
The Netherlands Labour Authority supervises compliance with the Placement of Personnel by Intermediaries Act. The Netherlands Labour Authority can impose a fine or other penalty for breaches of Section 7a of the Placement of Personnel by Intermediaries Act (Dutch). More information on fines can be found on the webpage Amount of fines for breach of the Placement of Personnel by Intermediaries Act (Dutch).
Reporting anonymously
Through this website, you can file a report if you think the Placement of Personnel by Intermediaries Act is being breached.