Waadi – Allocation of Workers by Intermediaries
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The Waadi regulates the supply of workers by intermediaries. It generally applies when a supplier makes individuals available to a client in return for payment and those individuals work under the client’s supervision and direction. The legislation contains obligations concerning supplier registration, working conditions, recruitment charges, restrictions on workers moving to clients and the use of supplied workers during strikes. Depending on the provision and the facts, obligations may apply to the supplier, the client or both.
1. Scope of the Waadi
The Waadi applies to employment intermediation and the supply of workers.
The supply of workers generally exists where:
individuals are made available to another party;
the supplier receives payment;
the individuals perform work for the client; and
the work is performed under the client’s supervision and direction.
Temporary agency work and secondment are common examples. Some payroll, consultancy and platform arrangements may also fall within the Waadi, depending on how the work is organised.
Explanation
The Waadi is relevant when a business supplies people who then work under another company’s direction. The contractual title does not determine whether the legislation applies.
2. Registration and Responsibilities
Article 7a Waadi requires a business that supplies workers to be correctly registered in the Dutch Commercial Register as a supplier of labour.
A client hiring supplied workers must verify that the supplier is properly registered. Enforcement measures and fines may apply to both an unregistered supplier and a client that uses one.
Explanation
The supplier is not the only party with responsibilities. A client hiring workers through an intermediary must check whether the intermediary is properly registered.
3. Protection of Supplied Workers
The Waadi contains several important protections:
Articles 8 and 8a regulate the working conditions of temporary-agency and payroll workers;
Article 9 prohibits requiring a worker to pay for employment intermediation;
Article 9a prohibits unjustified obstacles to entering into a direct employment relationship with the client after the assignment; and
Article 10 prohibits supplying workers to replace employees participating in a strike.
The precise equal-treatment rules depend on the type of worker, the applicable legislation and any permitted collective-agreement arrangements.
Explanation
Workers supplied through an intermediary are protected against unequal treatment, improper recruitment charges and unreasonable restrictions on moving directly to the client. They may also not be supplied simply to replace striking employees.
4. Application to Freelancers and Intermediary Models
The Waadi is not limited to businesses calling themselves temporary-employment agencies. Staffing companies, secondment providers, consultancies and digital platforms may fall within its scope when they supply individuals who work under a client’s supervision and direction.
However, the involvement of a freelancer does not mean that every Waadi provision automatically applies. The meaning of “worker” and the scope of protection must be examined in relation to the particular provision and factual arrangement.
Each intermediary model should therefore be assessed by asking:
Is the individual genuinely self-employed or legally an employee?
Is the intermediary supplying labour or independently delivering a service?
Who exercises supervision and direction?
Does Article 7:690 BW apply between the individual and supplier?
Which Waadi obligations apply to the supplier and client?
Explanation
Calling someone a freelancer does not automatically place the arrangement outside the Waadi. Equally, using an intermediary does not automatically mean that every Waadi rule applies. The actual division of control, responsibility and commercial risk must be examined.
Timeline
Waadi takes effect
Registration requirement introduced
Sources
Related knowledge
View all knowledgeYoungOnes Workers at H&M – Netherlands Labour Authority, 2024
The Netherlands Labour Authority investigated retail workers who performed assignments at H&M through the YoungOnes platform under contracts describing them as independent contractors. According to FNV’s publication of the findings, the Authority concluded that the workers were not genuinely self-employed. H&M supervised and directed their work, while YoungOnes organised the contractual and administrative structure through which they were supplied to H&M. The relationship therefore displayed the characteristics of temporary-agency employment under Article 7:690 BW. YoungOnes disputed the assessment, arguing that workers could choose assignments, work for different clients and bear entrepreneurial risk. The Authority’s assessment is an administrative enforcement finding and should not be presented as a judicial ruling.
NV / Helpling – Amsterdam District Court, 01.07.2019 ECLI:NL:RBAMS:2019:4546
The Amsterdam District Court held that cleaners working through Helpling did not have employment contracts or temporary-agency agreements with the platform. The Court found that Helpling actively organised access to cleaning assignments but did not exercise sufficient authority over how the cleaning work was performed. Instead, the cleaners had employment relationships with the private households under the domestic-services regime. However, Helpling qualified as an employment intermediary under the Waadi. It was therefore prohibited from charging cleaners commission for helping them obtain work.
FNV & CNV v Temper – Amsterdam Court of Appeal, 16.06.2026 ECLI:NL:GHAMS:2026:1612
The Amsterdam Court of Appeal held that workers who performed assignments through Temper had temporary-agency employment contracts with Temper under Article 7:690 BW. The Court found that Temper was more than a neutral digital marketplace. It organised the contractual structure, controlled access to assignments, influenced remuneration and payment, and established the rules governing the relationship. The clients exercised practical supervision during assignments, while Temper retained the formal employer role. The judgment reversed the Amsterdam District Court’s 2024 decision, which had concluded that no temporary-agency agreements existed.
Article 7:690 Dutch Civil Code – Temporary-Agency Employment Contract
Article 7:690 BW defines the temporary-agency employment contract as an employment contract in which an employer, acting as part of its profession or business, makes an employee available to a third party. The employee then works under the third party’s supervision and direction pursuant to an assignment between the employer and that third party. The provision creates a three-party relationship involving the temporary worker, the employment agency or other supplier, and the client where the work is performed. The supplier remains the legal employer even though the client directs the daily work.