The fact that temporary employment agencies are required to join pension fund StiPP (Stichting Pensioenfonds voor Personeelsdiensten) is a matter of course for many entrepreneurs. After all, it is well known that StiPP manages the pension schemes in the flexible employment sector. But for companies engaged in secondment or contracting or consultancy, the matter is usually more complicated.
Does your company fall within the category of ‘secondment companies, consultants and parties providing trainees’? With these types of businesses, there is often doubt as to whether the company qualifies as a temporary employment agency because some of the workers (actually) work under the client’s supervision and management.
Under whose management and supervision employees are working is an important criterion for determining whether a company is required to join StiPP. We have found in our practice that determining whether a company is obliged to join StiPP is difficult, with very significant (financial) consequences if the wrong choices are made.
StiPP is also very active in recruiting new members. The pension fund regularly approaches consultancy firms or organisations that second or outsource, informing them that they fall under the so-called ‘compulsory retirement decree’ (Verplichtstellingsbesluit). In other words, that they are obliged to join the pension fund. In many cases, StiPP writes to companies because these companies have a Waadi registration in the trade register of the Dutch Chamber of Commerce. But a Waadi registration does not automatically mean that there is an obligation to join the pension fund.
Do you want to focus fully on your business, without having to worry about the rules regarding StiPP? Or have you received a questionnaire from StiPP and need help completing it? If so, do not hesitate to contact one of our labour law specialists. We have also written a whitepaper on this topic. If you want to know more about it, you can download the whitepaper below.
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