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What are Waadi Requirements for Non-EU Companies Outsourcing Staff to EU Customers?




The Waadi (Wet allocatie arbeidskrachten door intermediairs) Act is a Dutch law that regulates the allocation of workers by intermediaries. While it's a Dutch law, it's representative of the type of regulations non-EU companies might encounter when outsourcing staff to EU customers. Here's an overview of key requirements and considerations:

1. Registration Requirement

  • Waadi Registration: Companies acting as paid intermediaries (e.g., secondment companies, temp agencies) must register this business activity with the Dutch Business Register.

  • Applicability: This applies to any company, including non-EU companies, that wants to provide staff to work in the Netherlands.

2. Compliance Checks

  • Hirer's Responsibility: EU customers (hirers) must verify that the agency they're working with complies with Waadi regulations.

  • KVK Waadi Check: In the Netherlands, hirers can use the KVK Waadi check to verify an agency's registration status.

3. Legal Implications

  • Chain Liability: EU customers can be held liable for issues like underpayment of temporary workers.

  • Fines: Both the intermediary and the hirer can face fines for non-compliance with Waadi regulations.

4. Fair Employment Practices

  • Equal Treatment: Temporary workers should receive the same primary employment conditions as permanent employees in similar positions.

  • Prohibition of Strike Breaking: It's forbidden to offer workers to replace striking employees.

5. Data Protection and Privacy

  • GDPR Compliance: Ensure compliance with EU data protection regulations when handling employee data.

6. Worker Rights and Protections

  • Working Conditions: Ensure compliance with EU standards for working hours, rest periods, and health and safety.

  • Social Security: Understand and comply with social security obligations for workers posted to EU countries.

7. Sector-Specific Requirements

  • Industry Regulations: Be aware of any additional requirements specific to the industry in which you're providing staff.

8. Cross-Border Considerations

  • Posted Workers Directive: Comply with EU rules on posting workers, including notification requirements and adherence to host country labor laws.

9. Documentation and Record-Keeping

  • Maintain Records: Keep detailed records of worker assignments, contracts, and compliance measures.

  • Transparency: Be prepared to provide documentation to prove compliance with Waadi and related regulations.

10. Ongoing Compliance

  • Stay Informed: Regularly check for updates to Waadi and related EU regulations.

  • Internal Audits: Conduct periodic reviews of your practices to ensure ongoing compliance.

While these requirements are based on the Dutch Waadi Act, non-EU companies should be aware that similar regulations may exist in other EU countries. It's crucial to research and comply with the specific requirements of each EU country where you plan to outsource staff.

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