The deployment of workers is linked to regulations that must be complied with. Think of the Sequential Liability Act, General Data Protection Regulation, External staff Liability, Foreign Nationals Employment Act and The Employment Relationships Deregulation Act.
GoWorkforce works together with the Legal Department of Boels Rental. This supports GoWorkforce, so that the regulations can be always complied with in the software and is completely up to date. As a result, not only the GoWorkforce system is in line with the latest legislation and regulations, but also all organisations and companies that link to GoWorkforce. This gives you as a company the certainty of correct documentation and administration.
Curious about which laws we can provide support with? Then read on below.
Working Hours Act
The Dutch Working Hours Act lays down rules for working and rest times of employees. The purpose of the Working Hours Act corresponds in part to the purpose of the Working Conditions Act. Both are aimed at ensuring the safety, health and well-being of employees at the workplace. A second objective of the Working Hours Act is to make it easier for employees to combine work with care responsibilities or other duties outside of work. The Working Hours Act applies to all employees in the business community and government, including trainees and agency workers. Sometimes the law also applies to self-employed professionals.
The Employment Relationships Deregulation Act (Dutch: DBA) and the model agreement
The Employment Relationships Deregulation Act (Dutch: DBA) has replaced the VAR (Declaration of Labour Relationship) in the Netherlands since 2016. Like a kind of contract, the DBA Act provides freelancers and their clients with clear terms regarding the working relationship they agree to. Unfortunately, the DBA Act has not been able to provide the clarity that the government expected. Nevertheless, the law is and will remain in force but will not be fully enforced until 1 January 2021. In the meantime, new and updated regulations are being drafted. This new regulation is not expected before 2021.
Chain Liability Act (Dutch: Wka) and external staff liability
The aim of the sequential liability scheme is to prevent contractors and subcontractors from abusing the outsourcing of work when submitting their payroll taxes. Payroll taxes include wage tax, social insurance contributions, employee insurance contributions and the income-related healthcare insurance contribution.
Foreign Nationals Employment Act (Dutch: Wav)
Foreign Nationals Employment Act (Dutch: Wav) regulates the conditions under which an employer may deploy a foreign national with a nationality outside the EEA and Switzerland in the Netherlands. If an employer allows a foreign national to perform work without these conditions being met, the company risks a hefty fine. These conditions oversee the application for a work permit or a single permit for residence and work. Please note: the Foreign Nationals (Employment) Act applies not just to employers, but also to private individuals.
It is not permitted to employ foreign workers who do not have free access to the Dutch labor market, without a valid work permit (TWV in Dutch) or single permit for residence and work (GVVA in Dutch).
General Data Protection Regulation (GDPR)
The General Data Protection Regulation (GDPR) is a European regulation (i.e. with direct effect) that lays down the standardised rules for the processing of personal data by private companies and public authorities throughout the European Union. The aim is not only to guarantee the protection of personal data within the European Union, but also to safeguard the free movement of data within the European single market. The Regulation applies worldwide to all companies and organisations that hold and process personal data of natural persons in the European Union, regardless of whether payment is made for services or products.
Placement of Personnel by Intermediaries Act (Dutch: Waadi)
The Placement of Personnel by Intermediaries Act (Waadi) protects workers against exploitation by rogue employment agencies. The Waadi regulates, among other things, the remuneration of temporary workers. The Waadi also includes a ban on supplying temporary workers to a company whose own employees are on strike.