From 1 January 2027, an important change in the law will come into force that will have major consequences for companies that hire or lend staff. If you are an entrepreneur active in the lending market, you will have to comply with new admission requirements. In this article, we clearly explain what this law entails, what steps you need to take and what you can already take into account now.
What does the new law entail?
The essence of the new law is that from 2027, lenders, such as employment agencies and other organisations that lend workers, will only be allowed to operate if they are admitted to the official lending market.
Permission is granted by the Netherlands Authority for the Lending Market (NAU).
In principle, this also applies to companies for whom outsourcing is not their "core business". However, small enterprises, which only derive a small part of their revenue from lending workers, may be able to apply for an exemption.
As a hirer, you will only be allowed to work with lenders listed in the NAU's public register. Assessment of hirers will start as early as 1 July 2027. From 2028, the Dutch Labour Inspectorate will actively monitor whether hirers and lenders comply with these rules. This means you need to orientate your current and future cooperation partners in good time.
Purpose of the law
The aim is to improve the position and working conditions of posted workers, especially migrant workers, and tackle abuses. It should also ensure fair competition between companies hiring or hiring out workers.
Conditions of admission
To be admitted, hiring companies must meet several conditions, including:
How does the admission system work?
To be admitted to the lending market, a hirer must go through a number of steps. Below is an overview of the steps of the admission process:
The hirer must demonstrate through an inspection (by a private inspection body) that it complies with all applicable laws and regulations. The lender itself contacts such an institution and pays the costs.
The inspection report states whether the hirer complies with the standards framework (the requirements a hirer must meet to be admitted).
The hirer submits the application, together with the inspection report and additional documents (such as Certificate of Good Conduct (VOG)).
The NAU reviews the inspection report, but also information from other parties such as the Chamber of Commerce (CoC), the Tax Office and the Netherlands Labour Inspectorate.
Once approved, the company will be included in the public register for four years.
Enforcement
From 1 January 2028, the Dutch Labour Inspectorate will take enforcement action against in- and outsourcers who do not comply, including by imposing a fine. Incidentally, the Labour Inspectorate will also continue to monitor compliance with other labour laws. Examples include the Working Hours Act (ATW), the Foreign Nationals (Employment) Act (WAV) and the Minimum Wage and Minimum Holiday Allowance Act (WML). Thus, when violating these laws, even if they are authorised and listed in the public register, lenders can still be fined!
Entry into force
The House of Representatives passed the bill on 15 April 2025 and the Senate on 11 November 2025. The law is scheduled to enter into force on 1 January 2027. Companies that want to continue lending workers must register with the Netherlands Authority for the Lending Market before this date.
How can you prepare as a hirer?
How can you prepare as a hirer?
For companies hiring staff, it is crucial from 2028 to only work with lenders on the official list of the NAU. This prevents risks and fines in case of inspections by the Dutch Labour Inspectorate. The register of authorised lenders is public and easy to consult.
Map out which lenders you work with and check whether they are preparing for admission to the lending market.
From 2028, you should check with every hirer whether they are on the NAU register. Ask for proof of admission in time.
Include a provision in your contracts with hirers that they are obliged to comply with the new admission requirements. This will help you avoid problems during an inspection.
Follow developments around the NAU and the admission regime. Your trade association and our law firm can support you in this regard.
Conclusion
The new legislation surrounding the lending market requires active preparation from both lenders and borrowers. By taking timely measures, you will avoid problems and be sure that your organisation complies with the legal requirements.
Do you have questions about the WTTA or want advice? Feel free to contact us - the lawyers of team A&O at Marxman Advocaten B.V. are ready to advise and guide you through the transition to the new regime.