When does the Wtta apply to you? What "direction and supervision" really mean in practice
The Dutch Wtta (Wet toelating terbeschikkingstelling van arbeidskrachten) is on its way. By now, many organizations are aware that changes are coming. Yet one key question often remains unanswered: when does the Wtta actually apply to your organization?
The answer depends on three conditions. Straightforward on paper, but less clear-cut in practice.
The Three Conditions
The Wtta applies when all three of the following conditions are met simultaneously:
1. An employee is deployed to work for another organization;
2. A fee is paid for that deployment; and
3. The work is carried out under the direction and supervision of the client.
It is this last condition that often causes the most confusion.
What Does "Direction and Supervision" Mean?
Direction and supervision exist when the client determines what someone does, how the work is performed, and when it is carried out. In such cases, the focus is on the deployment of the individual rather than on the end result.
This may sound straightforward, but in practice the distinction is rarely that clear-cut. After all, what is written in a contract does not tell the whole story. What matters is how the working relationship operates in reality.
Three Situations Compared
- Secondment within a team
An IT consultant works on-site at the client on a daily basis, participates in stand-ups, and receives substantive direction from the team lead. This is a clear example of direction and supervision. This is likely within the scope of the Wtta.
2. Result-oriented assignment (contract for services)
A party delivers a software module within an agreed timeframe and scope. The client does not direct the execution of the work. In this case, direction and supervision are absent. This generally falls outside the scope of the Wtta.
3. Intermediation of an independent professional
An intermediary connects parties but has no role in the execution and is not a contracting party. Whether the Wtta applies here depends heavily on the specific circumstances. This remains a grey area that requires legal assessment.
Why This Affects More Organizations Than Expected
A common mistake is reasoning from one’s own label or service offering: “We provide consultancy, so this does not apply to us.” The Wtta does not make such distinctions. What matters is the factual working relationship, not the label attached to it.
This means that not only employment agencies may fall under the Wtta, but also secondment agencies, consultancy firms, and other intermediaries—sometimes for parts of their services, sometimes entirely.
The consequence is significant: organizations that fall under the Wtta and do not hold the required admission will no longer be allowed to supply workers once the legislation takes effect.
What You Need to Do Now
The most important step is to take an honest look at your own practice.
- How is work actually directed within assignments?
- Where does control truly lie in practice?
- Does this differ depending on the type of service provided?
Do not rely on assumptions, but on reality. Actively assess any grey areas, preferably with legal support. Because one thing is certain: correcting things afterwards is more difficult than getting clarity in advance.
Would you like to know more about what is coming your way and which steps you should take? In our whitepaper (In Dutch), you can read, among other things, how SNA certification and the Wtta relate to each other.