Wtta Postponed Until January 1, 2026

Effective date of the Act on the Admission and Provision of Workers (Wtta) postponed by one year

Intended implementing agency: Dienst Justis

Justis is the intended entity to issue authorizations on behalf of the Minister of Social Affairs and Employment, as well as to perform the other tasks assigned to the Minister of Social Affairs and Employment under the Wtta. Justis is currently conducting an implementation assessment, for which it requires more time than previously anticipated. Justis expects to be able to deliver the results to the minister no later than July 15, 2024. If it turns out that Justis is unable to implement the Wtta, the minister will seek another party—another executive branch of the national government. Justis is not specifically named in the text of the law, so it could easily do so if necessary.

Minister van Gennip: “The implementation of the admission system is a large, complex, and risky undertaking. I therefore want to carefully weigh the results of the implementation assessment, together with Justis. In addition, agreements are needed with Justis and the Ministry of Justice and Security regarding, among other things, governance and funding. I expect this to take approximately two months in total. I aim to inform your House in October regarding Justis’s implementation assessment and my subsequent decision-making on the matter.”

Lower-level regulations, including a framework of standards

For a number of topics, the bill provides a basis for further regulation in a general administrative order (AMvB) or a ministerial regulation. These regulations were published for consultation this spring on www.internetconsultatie.nl. The House of Representatives has requested that the AMvB and ministerial regulation accompanying the bill be submitted to the House in a timely manner prior to the plenary debate on the bill.

The draft AMvB has been submitted to various agencies for review and advice and published for online consultation. The online consultation has since closed, and 25 responses were submitted. The minister indicates that the processing of all responses, reviews, and recommendations is well underway but not yet complete. The Tax and Customs Administration must also still submit an implementation assessment to the minister. Once that is received, the draft Order in Council can be prepared for review by the Council of State.

Part of the ministerial regulation is the standards framework and inspection schedule. These are the topics that have our particular attention. On April 11, Normec VRO submitted its comprehensive and public response to this online consultation.

Differences Between the Letters to the House of Representatives

Normec VRO has identified for you the differences between the letters dated May 13, 2024, and May 14, 2024, to the House of Representatives. As indicated by the minister, the second letter is a follow-up submission of the correct version of the letter.

Implementation Timeline:

• The first letter states that the implementation of the licensing system will take place later than previously announced, specifically postponed to January 1, 2026.
• The second letter clearly emphasizes the one-year postponement of the timeline—also to January 1, 2026—and describes the details of incentives for lenders and the effective date of enforcement.

Role of the Justis Service:

• Both letters describe the role of the Justis Service in the implementation of the licensing system. The first letter states that Justis will submit the implementation assessment no later than July 15.
• The second document also emphasizes the implementation assessment, but adds that the policy content of the system has been discussed extensively with Justis and also states that the implementation assessment will be delivered no later than July 15.

Secondary Legislation:

• Both letters discuss the preparation and consultation process for the General Administrative Order (AMvB) and the ministerial regulation. The first letter mentioned 18 public and 2 non-public consultation responses to the AMvB. The second letter refers to 22 public and 3 non-public (25 in total) consultation responses.
• The second document notes that pilot inspections were also conducted to test the regulatory framework, demonstrating that practical steps have been taken to incorporate the feedback.

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

Implementation Team

The Ministry of Social Affairs and Employment (SZW) has assembled a task force with which Normec VRO holds periodic consultations. These consultations currently address implementation issues related to the regulatory framework and the inspection schedule. Normec VRO plays an active role in this process, providing substantial and relevant input.

The Transitional Arrangement

With the postponement of at least one year, the deadlines set in the transitional arrangement have also been pushed back. The law is now expected to take effect on January 1, 2026, after which the Dutch Labor Inspectorate will begin enforcement as of January 1, 2027. The three tracks of the transitional arrangement will then be as follows:

1. If the company is SNA-registered as of June 30, 2026, it must submit a current SNA registration certificate with its first application for authorization, rather than an inspection report based on the authorization standards framework. The company will then be included in the public authorization registry. To third parties, this registry does not indicate that authorization was granted solely on the basis of the SNA certificate and therefore has not yet been assessed against the full Wtta standards framework;
2. Is the company not SNA-registered? To be eligible for the transitional arrangement, the company must notify the minister of its intent to apply for authorization by December 31, 2025, and must also actually submit a complete application by July 1, 2026. Please note that, following the application, the company must submit a positive inspection report—demonstrating compliance with the full Wtta standards framework—as soon as possible, in accordance with the company’s best-efforts obligation. The best-efforts obligation means that the company must have made every necessary effort to schedule an inspection appointment as soon as possible. Only in the unlikely event that an inspection agency lacks sufficient capacity will the best-efforts obligation be deemed fulfilled;
3. All other companies that submit an application on or after July 1, 2026, are not covered by the transitional provisions and must be accredited as of January 1, 2027; otherwise, they may no longer make workers available.

How do I prepare in time?

The company does have SNA registration

If you are already SNA-certified and apply for authorization before June 30, 2026, you can take advantage of the transitional provisions. When submitting your application, you’ll submit your SNA registration instead of an inspection report. What does the timeline for the necessary actions look like?

Now – January 1, 2027

• It is advantageous to already have an SNA registration or to obtain one soon. First, because the company can demonstrate compliance with the SNA standard, which forms the basis for the Wtta standard. In addition, the company can be certain that it qualifies for the transitional arrangement and will be listed in the authorization registry as of January 1, 2027. This entitles the company to make personnel available to third parties.
• Are there any nonconformities in the inspection report? If so, now is the time to correct them so that the company will still have an approved inspection report as of January 1, 2027. For nonconformities based on a random sample, always use the 4-O system.
• Make sure you comply with the additional standards of the regulatory framework in the coming period, so that the company receives a positive outcome during the first “new regulatory framework” inspection. Good to know: Under the transitional provisions, the company can continue to provide staffing, secondment, and payroll services after January 1, 2027, even if it does not yet have a positive inspection report based on the new standards framework!
• SNA is currently developing an additional Wtta module against which an SNA-registered company can voluntarily be assessed. This has no implications for the current SNA registration. The advantage of this is that the company can assess its own organization and thereby gain insight into whether it complies with the additional standards set forth in the Wtta. In the unlikely event that the new and additional standard requirements are not yet (fully) met, the company can immediately begin addressing the nonconformities that have not yet been resolved.
• Would you like to know right now whether you’re ready for the Wtta? Take stock of your company’s status and request the Wtta pre-inspection from Normec VRO. This inspection focuses on all additional requirements that go beyond the SNA certification—the basis for the Wtta standards framework—and we can easily combine it with the SNA inspection. When combined with an SNA inspection, the pre-inspection assessment will reveal the extent to which the organization complies with the standards framework that will soon apply to the lender licensing system.
• The company must register with the TI by July 1, 2026.
• The licensing requirement takes effect on January 1, 2027. If your company is not licensed as of January 1, 2027, you will no longer be permitted to provide labor, you must terminate any ongoing contracts, and you must recall your workers. So don’t wait too long—be prepared!

The company does not have SNA registration

Now – December 31, 2025

• Get started as soon as possible to obtain SNA registration and ensure that you can take advantage of the transitional arrangement and be admitted to the register through SNA registration. To do so, contact Normec VRO.
• In the unlikely event that you submit your application for admission without SNA registration before July 1, 2026, you must notify the minister by December 31, 2025, at the latest, to qualify for the transitional provision. Please note that after submitting your application before July 1, 2026, you must submit a (positive) Wtta inspection report as soon as possible. This is because you have an obligation to use reasonable efforts: if an inspection agency has the capacity, your company will be required to undergo an inspection based on the full Wtta standards framework.

January 1, 2026 – July 1, 2026

• Make sure you obtain SNA registration and a Certificate of Good Conduct (VOG) by July 1, 2026.
• Apply for accreditation with the accrediting body (TI) before July 1, 2026. This is a new independent government agency.
• Then register with Normec VRO, which conducts the audit against the new standards framework.
• Based on the inspection, you will receive a draft report, after which you can correct any nonconformities identified.
• Normec VRO will then send the final inspection report to the TI.
• The TI will determine whether you are granted immediate accreditation or must meet a corrective action deadline.

A good start is half the battle. And while the above may seem like a lot, if you already hold the SNA certification, you are already largely compliant with the standards framework.