How to become WTTA-proof: a structured approach.

Step 1: Determine your position in the chain

Before you can take any action, you need to understand your legal position. The Wtta distinguishes between different roles: lender of labour, secondment agency, intermediary, and client. Each role comes with different obligations.

In practice, the situation is often more complex. A consultancy firm that places its employees with clients and has them work under the direction and supervision of those clients may, in practice, operate as a secondment agency — even if it does not position itself that way. A platform that connects self-employed professionals with clients may, in certain structures, be classified as an intermediary.

Therefore, start with an honest assessment of how your services operate in practice, regardless of how you present your organisation externally.

Step 2: Assess whether the WTTA applies to you

Once you have determined your role, you can answer the key question. The WTTA applies when all three of the following conditions are met:

1. You provide an employee to another organisation
2. You receive compensation for this
3. The work is carried out under the direction and supervision of the client

Do all three conditions apply? Then you will most likely fall within the scope of the WTTA. If only one or two apply, a legal assessment is advisable. In practice, the boundary is often not clear-cut.

Carry out this assessment for each type of service you provide, rather than for your organisation as a whole. It is entirely possible that one part of your service portfolio falls under the WTTA, while another part does not.

Step 3: Make sure your foundation is in order.

Admission requires your organisation to demonstrate that it meets a range of requirements. A solid administrative foundation is a prerequisite for this and, at the same time, the step that typically requires the most time. In practice, this means having accurate payroll administration, clear and legally robust contracts, and demonstrable compliance with collective labour agreement (CLA) obligations and remuneration requirements. 

This is where SNA certification becomes particularly relevant. The underlying NEN 4400 standard aligns closely with the requirements of the WTTA and serves as a serious preparation for the formal admission process. Are you not certified yet? Then now is the time to start. Not as an end goal in itself, but as the foundation for the steps that follow. 

Step 4: Prepare for the admission requirement.

For organisations that provide workers to third parties, mandatory admission will apply in the future. Without this admission, organisations will no longer be allowed to operate in this segment once the legislation comes into effect. The admission application will be submitted to the Admission Fund (Toelatingsfonds) and will require, among other things, a security deposit, a certificate of conduct (VOG), and compliance with the administrative requirements outlined in step 3. 

Organisations that already hold NEN 4400 certification may potentially benefit from a transitional arrangement, although the exact conditions are still being developed. Submit your application well before the legislation takes effect. Processing times may increase, and a late application is an avoidable risk.

Step 5: Screen your supply chain.

The WTTA does not only affect your own organisation; it impacts everyone you work with. Clients that engage workers through non-admitted parties may be held liable, even if they themselves are fully compliant. Suppliers that cannot demonstrate compliance risk being excluded from tenders and framework agreements. Map out which suppliers you work with and whether they are on track.

Incorporate compliance requirements into your procurement contracts and ensure that you will be able to verify the admission status of parties once the admission system becomes operational. Supply chain responsibility is not merely a legal principle on the sidelines; it is a practical risk that requires attention now. 

Step 6: Actively monitor developments.

Not everything has been finalised yet. The exact details of certain admission requirements, the implementation of transitional arrangements, and enforcement practices will be further clarified in the coming period. This is not a reason to wait. The main principles are clear, and the steps outlined above can already be taken. Those who wait for complete certainty will be waiting too long. Assign responsibility for monitoring relevant developments, schedule regular check-ins, and adjust your approach where necessary. Flexibility in execution is wise; standing still is not. 

What it ultimately comes down to.

The order of these steps is not random. Organisations that start the admission process without having their administrative foundation in place will run into difficulties. Those who screen their supply chain without first understanding their own position lack the context needed to properly assess risks. Organisations that take this process seriously and follow the right steps now will not only be compliant in the future; they will also be stronger in a market where transparency and demonstrable compliance are becoming the standard. Would you like to know more about what is coming your way and which steps you need to take? In our whitepaper, you will learn more about topics such as how SNA certification and the WTTA align.