Wtta delayed until Jan. 1, 2026

Entry into force of Law on the Entry of Workers (Wtta) postponed by one year

Outgoing Minister Karien van Gennip of Social Affairs and Employment has indicated in a letter dated 13-05-2024 and a follow-up letter dated 14-05-2024 to the Lower House of Parliament that the current timetable of the Law on the Admission for the Posting of Workers (Wtta) with an intended effective date of January 1, 2025 is no longer feasible. In any case, the entry into force cannot be sooner than January 1, 2026, which means that there will be a ban on the posting of labor without authorization no earlier than January 1, 2027.

Intended implementing body Dienst Justis

Dienst Justis is the intended party to start issuing authorizations on behalf of the Minister of SZW, as well as the other tasks assigned to the Minister of SZW in the Wtta. Rightis is currently conducting an implementation test for which it needs more time than previously anticipated. Dienst Justis expects to deliver the results to the Minister no later than July 15, 2024. If it turns out that Justis cannot implement the Wtta, the minister will look for another party, another executive branch of central government. Justis is not specifically named in the legal text so it could easily do this if necessary.

Minister van Gennip: "The introduction of the admission system involves a large, complex and risky process. I therefore want to weigh the results of the implementation test carefully, together with Justis. In addition, agreements are needed with Justis and the Ministry of Justice and Security about governance and financing, among other things. I expect to need a total of about two months for this. I aim to inform your Chamber in October next about the implementation test of Justis and my subsequent decision-making about it."

Lower regulations, including standards framework

For a number of topics, the bill contains a basis for further regulation in an order in council (AMvB) or in a ministerial regulation. These regulations were published for consultation this spring at www.internetconsultatie.nl. The House of Representatives requested that the AMvB and ministerial regulation associated with the bill be sent to the House in time for the bill's plenary debate.

The draft AMvB was submitted to various bodies for review and advice and published for Internet consultation. The Internet consultation has now closed and 25 consultation responses have been submitted. The processing of all responses, reviews and advice is well advanced, but not yet completed indicates the Minister. The Tax and Customs Administration also has yet to submit an implementation test to the minister. Upon receipt, the draft Order in Council can be prepared for advice by the Council of State.

Part of the ministerial regulation is the standards framework and inspection schedule. These are the subjects that have our special attention. Normec VRO provided its extensive and public response to this Internet consultation on April 11.

Difference between the letters to the House of Representatives

Normec VRO has mapped out for you the differences between the letters dated 13-05-2024 and 14-05-2024 to the House of Representatives. As indicated by the minister, the second letter is an after-action version of the correct version of the letter.

Timeline of Introduction:

• The first letter states that the introduction of the admission system will take place later than previously announced, specifically postponed to January 1, 2026.
• In the second letter, there is a clear emphasis on moving up the timeline by one year, also to Jan. 1, 2026, and details of the incentive for lenders and the entry into force of enforcement.

Role of Dienst Justis:

• Both letters describe the role of Dienst Justis in implementing the admission system. The first letter states that Justis will deliver the implementation test by July 15.
• The second document also highlights the implementation test, but adds that the policy content of the system has been intensively discussed with Justis and also mentions that July 15 the implementation test will be delivered no later than July 15.

Lower Regulations:

• Both letters discuss the preparation and consultation of the AMvB and ministerial regulation. The first letter mentioned 18 public and 2 non-public consultation responses to the AMvB. The second letter mentioned 22 public and 3 non-public (total 25) consultation responses.
• The second document mentions that pilot inspections were also conducted to test the standards framework, showing that practical steps were taken to incorporate the responses.

These differences indicate that some adjustments and refinements have been made, particularly in the description of the issues, the timeline of implementation, and the emphasis on the cooperation with and tasks of the Justis Service.

Team quartermasters

SZW has formed a quartermaster team with which Normec VRO has periodic consultations. In these consultations, implementation issues in relation to the standards framework and the inspection scheme are currently being discussed. Normec VRO has an active contribution here, in which plenty of important input is given.

The transitional arrangement

With the postponement of at least one year, the deadlines set in the transitional regime are also postponed. The law is now expected to take effect on Jan. 1, 2026, after which the Dutch Labour Inspectorate will take enforcement action from Jan. 1, 2027. The three tracks of the transitional arrangement then look as follows:

1. Is the company SNA-registered on June 30, 2026? Then the company will submit a current declaration of SNA registration with its first application for admission instead of an inspection report based on the admission standards framework. The company is then included in the public admission register. Third parties cannot see in this register that admission has only taken place on the basis of the SNA certificate and thus has not yet been tested against the full Wtta standards framework;
2. Is the company not SNA-registered? In order to qualify for the transitional regime, the company must submit an application for admission to the Minister before December 31, 2025, and the company must actually submit the application in full before July 1, 2026. Please note that after the application, the company must submit a positive inspection report, demonstrating verification of the full Wtta standards framework, as soon as possible due to the effort obligation of the company. The effort obligation means that the company must have made all necessary efforts to schedule an appointment for an inspection as soon as possible. Only when an inspection body has unexpectedly insufficient capacity will the effort obligation be considered fulfilled;
3. All other companies that apply on or after July 1, 2026, are not covered by the transition law and must be authorized by Jan. 1, 2027, or they will no longer be allowed to provide workers.

How do I prepare in time?

The company does have an SNA registration

If you are already SNA certified and you apply for your admission before June 30, 2026, then you can use the transitional right. During the application you present your SNA registration instead of an inspection report. So what does the timeline with the necessary actions look like?

Today - January 1, 2027

• It is an advantage to already have SNA registration or to obtain it soon. First, because the company can be shown to meet the SNA standard, which is the basis for the Wtta standard. In addition, the company is sure to qualify for the transitional arrangement and be on the eligibility register by January 1, 2027. This entitles the company to provide personnel to third parties.
• Are there any non-conformities in the inspection report? Then now is the time to rectify them so that the company will still have an approved inspection report as of Jan. 1, 2027. For non-conformities that are based on a sample, always use the 4-O system.
• Then make sure you meet the additional standards of the standards framework in the upcoming period, so that the company comes out positive during the first inspection 'new standards framework'. Good to know: with the transitional right, the company can simply continue to broadcast, secondment and payrolling after January 1, 2027, even if there is not yet a positive inspection report based on the new standards framework!
• SNA is currently developing an additional module Wtta on which an SNA registered company can voluntarily be tested. This has no consequences for the current SNA registration. The advantage of this is that the company can stick the dipstick into its organization and thus gain insight into whether the additional standard points from the Wtta are being met. In the unlikely event that the new and additional standard requirements are not yet (fully) met, the company can start working on the non-conformities that are not yet met.
• Want to know now whether you are ready for the Wtta? Stick the dipstick in your company and request the Wtta pre-inspection from Normec VRO. This inspection focuses on all the additions that come on top of the SNA hallmark, the basis for the Wtta standards framework, and we can easily combine it with the SNA inspection. Combined with an SNA inspection, the test on the pre-inspection will reveal the extent to which the organization complies with the standards framework that will soon apply to the admission system for hirers.
• The company must register with the TI before July 1, 2026.
• The admission requirement applies from January 1, 2027. Is your company not admitted on January 1, 2027? Then you may no longer lend, must break current contracts and recall your labor force. So don't wait too long and be prepared for this!

The company has no SNA registration

Today - December 31, 2025

• Get to work soon to obtain SNA registration and make sure you can take advantage of the transitional arrangement and be admitted to the register through SNA registration. Contact Normec VRO for this purpose.
• In the unlikely event that your application for admission is submitted without SNA before July 1, 2026? If so, notify the minister no later than December 31, 2025, for transitional law. Do keep in mind that after applying before July 1, 2026, you must submit a (positive) Wtta inspection report as soon as possible. This is because you have an obligation of effort: if an inspection body has time, your company will have to go up for an inspection on the full Wtta standards framework.

January 1, 2026 - July 1, 2026

• In the period up to July 1, 2026, make sure you obtain SNA registration and a VOG.
• Apply for admission to the admitting institution (TI) before July 1, 2026. This is a new independent government body.
• Then sign up with Normec VRO, which performs the verification of the new standards framework.
• Based on the audit, you will receive a draft report after which you can correct any discrepancies found.
• Then Normec VRO sends the final inspection report to the TI.
• The TI determines whether you are admitted immediately or must comply with a recovery period.

A good start is half the battle. And although the above may seem like a lot, if you already hold the SNA seal of approval, you already meet most of the standards framework.