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Nicole
Director of Finance and Administration
Do you work through an agency in the Netherlands and have been hearing for years about Phase A, Phase B, successive contracts and breaks, after which everything might start all over again? This system is currently undergoing one of the biggest reforms of recent years.
The changes are being rolled out gradually. Some have been in force since the start of 2026, further regulations will come into force later this year and in 2027, and the next major phase is scheduled for 1 January 2028. They concern pay, terms of employment, fixed-term contracts, the phase system and the operating rules of the employment agencies themselves.
If you work through an uitzendbureau, it is therefore worth knowing both what rights you currently have and what will change in the coming years.
It is now October 2026, so it is worth taking stock of the current situation.
The new Collective Labour Agreement for Temporary Agency Workers 2026–2028 has been in force since 1 January. One of the most significant changes concerns the way in which the terms and conditions of a temporary agency worker are compared with those of a person employed directly by the company where the work is carried out.
Until the end of 2025, the basis was primarily the so-called ‘inlenersbeloning’, which covered specific components of remuneration. From 2026, the scope is broader: a temporary worker should receive a package of employment conditions at least equivalent to that of a person performing the same or comparable work directly for the client.
Not every component needs to be identical. However, the total value of the package is taken into account, which may include, amongst other things, pay, allowances, annual leave, working hours, overtime, allowances for night work or work on public holidays, and other benefits applicable at the client’s premises.
The agency must therefore be familiar with the terms and conditions applied by the company to which it places an employee, and information regarding the employee’s pay must be verifiable.

The new StiPP pension scheme has also been in operation since 1 January 2026. The previous Basisregeling and Plusregeling schemes have been replaced by a single scheme.
The total contribution amounts to 23.4 per cent of the pensionable earnings, of which 15.9 per cent is paid by the employer and 7.5 per cent by the employee. This is not 23.4 per cent of the total gross salary – calculations are based on the so-called ‘pensioengrondslag’.
The most significant change in 2026 is therefore broader in scope than the hourly rate alone. When assessing working conditions, the total package received by the employee is becoming increasingly important.
On 31 December 2026, an amendment to Article 8 of the Waadi Act will come into force, enshrining the principle of equal pay for temporary workers at statutory level as well.
For those covered by the new collective labour agreement (CAO), this will not be a radical change – a similar principle has already been in place since January. What is significant, however, is the change in the legal basis: the arrangement previously applied through the CAO will be further enshrined in Dutch legislation.
A company using a temporary agency worker will also be required to provide the agency with information if the terms and conditions of employment change whilst the assignment is ongoing. This applies, for example, to changes in pay, allowances and other factors affecting the worker’s conditions.
The ‘onderkruipersverbod’ – the ban on using temporary workers to take over the work of those on strike – will also be extended. From 2027, it will explicitly cover companies using agency workers as well.
Furthermore, the Minister will be given the power to regulate the level of certain fees charged by agencies to clients. However, the statutory provision itself does not automatically introduce new limits – additional implementing regulations would be required for this.

Wet toelating terbeschikkingstelling van arbeidskrachten (Wtta) will come into force on 1 January 2027. The Act establishes a system for authorising companies that supply staff to other firms, including uitzendbureaus, to operate in the market.
Agencies will have to meet specific requirements, and the Nederlandse Autoriteit Uitleenmarkt (NAU) will oversee the system. The requirements include, amongst other things, compliance with employment standards, monitoring of operations, a Certificate of Good Conduct (VOG) for the legal entity and – with certain exceptions – financial security.
For workers, particularly migrant workers, the aim of the Wtta is to curb the activities of organisations that breach the law or offer improper terms of employment.
From 1 January 2028, the Nederlandse Arbeidsinspectie will begin enforcing the requirement to hold a licence. Sanctions may be imposed on both the entity supplying workers without the required authorisation and the company using its services.
Although 2028 may still seem some way off, the Wet meer zekerheid flexwerkers has already been approved by the Dutch Senate. The main part of the reform is due to take effect on 1 January 2028, so these are no longer just proposals, but adopted changes that are now being prepared for implementation.
One of the key changes is aimed at limiting so-called draaideurconstructies, where workers repeatedly move from one temporary contract to another. Under the general ketenregeling, the period required before a new chain of contracts can begin will increase from the current 6 months to 3 years. This means that after three consecutive temporary contracts, an employer will no longer be able to restart a new series of contracts after only a short break.
Older materials may still mention a period of 5 years. This was an earlier version of the proposal, which was changed by the Dutch House of Representatives in 2026 to 3 years.

Not necessarily. If an employee moves to a new employer and continues to perform the same or very similar work, the concept of ‘opvolgend werkgeverschap’ (successive employments) may be relevant. In such cases, previous contracts may be taken into account when determining their legal position. The Rijksoverheid cites as an example a move from a temporary agency directly to a company for which the employee previously worked.
For this reason, it is advisable to keep previous contracts and employment-related documents. A change in the employer’s name alone does not always mean that the employment history starts from scratch.
From 2028, Phase B is to be reduced from 3 to 2 years, with a maximum of six fixed-term contracts. Phase A will remain a period covering 52 weeks’ work, whilst Phase C refers to permanent employment through an agency.
The change will reduce the maximum length of time a worker may remain in the phases preceding a permanent contract.

The reform will also cover ‘nulurencontracten’, i.e. contracts without a guaranteed number of hours. These are to be largely replaced by ‘bandbreedtecontracten’.
Under the new model, the contract will specify a minimum and maximum number of hours, with the difference between them not exceeding 30 per cent. If the minimum is 20 hours per week, the employee may be required to be on call for up to 26 hours. Work exceeding the agreed upper limit may be refused. If the agreed hours are regularly exceeded, the employer will be obliged to offer a contract with a higher number of hours.
Exceptions are provided for, amongst others, specific groups working additional hours, such as students, school pupils or those receiving AOW.
Are you working through an agency in the Netherlands? It’s worth knowing your employment status, the terms of your contract and the rules on pay before the new regulations come into force.
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