Nine Dutch hirers and a freelance platform have been fined €153,300 after foreign workers performed hospitality and education work without permission to work. Booking workers through the platform did not remove the hirers’ responsibility under labour rules.
Why this matters
The nine hirers received €80,500 in Wav fines, from €4,000 to €27,000. The platform received Wav and Waadi fines. A worker profile, BSN, invoice, or Dutch bank account does not confirm permission to work. Before the shift, check identity, work entitlement, and the supplier route. Paid labour suppliers must be registered in the KvK Handelsregister. Suppliers can enter the Wtta admission process in 2027. Enforcement is scheduled for 1 January 2028.
Example
A restaurant has two gaps on its evening roster. The manager books workers through an app, confirms shifts, and later receives an invoice. The restaurant benefits from the work and directs the shift. Missing checks on work entitlement or the supplier route can lead to a fine. A €27,000 fine can erase the margin from many busy services. Replacement staff and management time increase the cost.
XTROVERSO tips
- Map every route into the business. List employees, self-employed workers, agencies, subcontractors, and platforms. For each route, record the supplier and the manager who directs the work.
- Clear the worker before work starts. Put a manager or HR contact in charge of pre-start checks. Check identity and, where needed, work entitlement before the first shift. A BSN, invoice, or platform profile does not confirm permission to work.
- Check the labour supplier. Verify the supplier’s registration in the KvK Handelsregister. Compare the contract with daily practice, including shift planning, instructions, replacements, and payment.
- Keep one usable file. Record what was checked, the date, and who approved the worker. Operations and finance need the same current supplier file. Keep only documents the business may lawfully retain.
- Prepare for the Wtta timetable. Ask regular suppliers how they will enter the admission process in 2027. Add admission status to supplier reviews before enforcement begins in 2028. Continue Wav and Waadi checks now.
Need a pre-start check for platform and agency workers? We can help set up a practical worker and supplier file
The data, sourcing, and analysis behind this article were conducted by Paolo Maria Pavan. AI was not used to identify sources, build the factual basis, or produce the analytical judgment contained here. AI was used only as a drafting aid. The final English text was personally reviewed, edited, and approved by Paolo Maria Pavan before publication.
References
- Freelanceplatform en 9 bedrijven beboet voor illegale tewerkstelling | Nederlandse Arbeidsinspectie
- Nederlandse Arbeidsinspectie - Wav chain responsibility and permission to work
- Nederlandse Arbeidsinspectie - Verification, recordkeeping and the pre-start moment
- Nederlandse Arbeidsinspectie - Waadi: the line between matching and supplying labour
- Nederlandse Arbeidsinspectie - Current Waadi registration risk for both supplier and hirer
- Rijksoverheid - Wtta: the 2027 transition and 2028 enforcement date
- Rechtspraak - Platform work is being judged by the working reality
