Why is the Intermediate Labor Force Allocation Act important?

The purpose of the Waadi is to prevent abuses and ensure good working conditions for temporary workers. Not complying with the rules in the Waadi can have serious consequences. For temporary employment agencies, but also for clients and can lead to fines and legal problems.

Why is the Waadi so important?

The Waadi is important mainly because it provides fair working conditions and protection for people working through temporary employment agencies. The regulations of the Waadi make it less likely that temporary workers will be disadvantaged compared to permanent employees and reduce the risk of sham constructions. The law also creates clarity about the responsibilities of employers and temporary employment agencies, making it easier for temporary workers to know their rights and claim them if necessary.

What exactly does the Waadi entail?

The Waadi has several provisions that are important to understand. One of them is equal treatment of temporary workers. The law states that temporary workers are entitled to the same working conditions as permanent employees with the same job. Consider salary, vacation days, working hours, and fringe benefits. The basic principle is that temporary workers should not earn less than their colleagues who are directly employed by the client.

Another important aspect is the agency license. To operate as a temporary employment agency, a company must register in the Trade Register of the Chamber of Commerce and indicate that they provide workers. This registration is mandatory under the Waadi, and non-registered companies risk hefty fines. This requirement is intended to provide transparency in the sector and ensures that companies offering labor are visible to the government and the temporary workers themselves. The DBA law is also relevant here.

Information duty

Temporary employment agencies have a duty to inform their clients about the terms of employment that apply to temporary workers. This means that a temporary employment agency must let the client know what the temporary worker's legal rights are and what agreements have been made regarding their terms of employment. The information obligation ensures that temporary employment agencies and clients are aware of their responsibilities and prevents temporary workers from being disadvantaged.

Why was the Waadi introduced?

The Waadi was introduced in 1998 to combat abuses in the temporary employment sector and to ensure equal rights for temporary workers. In the 1990s, there were many complaints about staffing agencies that allowed temporary workers to work under poor conditions and paid less than permanent employees. This law has since ensured that temporary workers are treated equally and have the same rights as permanent employees in similar positions.

The Waadi also helps combat unfair competition among temporary employment agencies. With the introduction of this law, clients can no longer “shop around” for the cheapest temporary workers without paying attention to fair working conditions. This will create a more balanced and transparent market.

Eight important points of attention with the Waadi

For clients and temporary employment agencies, there are important points to consider when it comes to the Waadi. Responsibility for compliance with working conditions is one of them. Both the employment agency and the client are responsible for ensuring fair working conditions. This means that both parties must ensure that the temporary worker receives the right wages and fringe benefits. If a temporary worker is wronged, both the temporary employment agency and the client can be held liable. This is one of the most important legal aspects for freelancers.

Equal treatment control and access control

The Waadi requires employers and employment agencies to compare the working conditions of temporary workers with those of their own employees. This means that the temporary employment agency must check what terms of employment the client offers to its permanent employees so that the temporary worker can also claim them. Equal treatment therefore means not only equal pay, but also access to other terms and conditions of employment.

Companies that use labor through a temporary employment agency must verify that it is correctly registered in the Trade Register. This is a requirement under the Waadi and provides an additional security measure against rogue employment agencies.

Fines for non-compliance

When an employment agency or client fails to comply with the Waadi rules, the Inspectorate SZW (the Dutch Labor Inspectorate) can impose fines. These fines can be substantial and constitute a serious consequence for companies that do not comply with the rules. The amount of the fine can depend on the nature and severity of the violation.

Rules for foreigners and hirer compensation

The Waadi also sets rules for the posting of foreign workers. For example, temporary employment agencies and clients must check whether foreign workers are allowed to work in the Netherlands and meet the conditions of the labor law.

One of the key points of the Waadi is the hirer's remuneration, which means that temporary workers are entitled to the same remuneration as permanent employees in the same position within the client company. In addition to the basic salary, consider allowances such as travel expenses, vacation pay and overtime bonuses.

Information obligation to temporary employee

The client must adequately inform the temporary worker about the working conditions, working hours, and other relevant matters that are important for the performance of the work. This ensures transparency and clarity for the temporary worker and helps prevent conflicts.

The Waadi also ensures that temporary workers enjoy the same social protection as permanent employees, such as access to pension plans and other insurance. This is important to provide temporary workers with a stable foundation in their working conditions.

What will the future bring?

The Waadi is a law that continues to change and there is constant attention to possible improvements and adjustments, especially when it comes to the rights of temporary workers and the responsibilities of temporary employment agencies . As the labor market changes, it may be necessary to adapt legislation to support new forms of work and changing labor relations.

All in all, the Waadi is an essential law for protecting temporary workers and preventing abuses in the labor market. By setting clear rules and holding both clients and staffing agencies accountable, the Waadi ensures greater fairness and transparency in the staffing industry. It is crucial for companies working with temporary workers to stay abreast of the Waadi's requirements to ensure a fair working relationship and avoid legal problems.

Why is the Workforce Allocation Act for Intermediaries important?

Why is the Workforce Allocation Act for Intermediaries important? The Wet allocatie arbeidskrachten door intermediairs (Waadi) is of great importance for zzp'ers who work through employment agencies . The law ensures that self-employed workers are not disadvantaged compared to permanent employees by giving them the right to equal working conditions such as salary, vacation pay and fringe benefits.

This means that as a zzp'er you have more protection and you are not disadvantaged by your working relationship with a client. So it is definitely a good idea to check that the temp agency is properly registered and that the terms of employment are equal to those of permanent employees.