OrganizedFlex: The importance of certification

Certification requirement final from 1 January 2025

It is important to mention here that this certification obligation was recently approved by the 2nd Chamber. In cooperation with Stichting Normering Arbeid, the requirements of the new certificate are being shaped.

When the certification becomes final and clear what requirements are involved, we will of course be happy to inform you.

Self-regulation and compulsory licensing

Most European countries no longer have a licensing requirement for intermediary organisations. Looking at the combination of self-regulation and chain liability, there is still a desire from the field to have a hallmark to assess the reliability of an Intermediary organisation. The organisations SNA (Stichting Normering Arbeid) and SSVV (Stichting Samenwerken Voor Veiligheid) are organisations that award a hallmark to domestic and foreign companies based on an internal audit by an independent consultant.

ORGANIZEDFLEX - Automation and safeguarding
European labour law laws are being amended and modified at a rapid pace. There is also a diversity of local laws. For entrepreneurs, these developments are almost impossible to follow. We offer a solution that integrally monitors European legislation and changes. OrganizedFlex has invested in DigitalOflex. In this application, the work process is recorded which is automatically safeguarded by European laws and regulations. For you as an entrepreneur, this works most effectively and efficiently.

Mandatory certification of employment agencies - continued

From 2025, it will be compulsory for employment agencies to have a certificate. Hirers too will then only be allowed to do business with employment agencies that are certified.

The main objective of this certification is to protect posted workers. In addition, the government wants to make the market for temporary employment and secondment agencies fair and transparent, preventing advantages from arising from not following the rules.

To whom does this certification requirement apply?

The gist of the mandatory certification scheme is that:

Any organisation that wants to hire out labour will have to be certified.

All companies wishing to hire workers may only do so through parties that are certified. Also in the case of on-lending situations.

This certification obligation will apply to all companies covered by the Allocation of Labour Force by Intermediaries Act (Waadi). This will also oblige companies that only provide limited numbers of employees to be certified.

SNA quality mark as a basis

At the basis of the certification obligation are the already existing requirements from the SNA quality mark. Including correct payment of payroll taxes, turnover tax, statutory minimum wage and holiday allowance and control of being allowed to work in the Netherlands. The SNA quality mark will be cancelled and replaced by the new mandatory certificate.

What is the mandatory certification for temporary employment agencies?

The requirements of the SNA quality mark are supplemented by the following obligations:

A bank guarantee of € 100,000,-.
This guarantee is intended to prevent organizations from declaring themselves bankrupt, as a result of which overdue wages or fines are no longer paid. In order to save starting lenders, a bank guarantee of € 50,000 will be requested in the first 6 months. After 6 months, the amount will be increased to € 100,000

A Certificate of Good Conduct (VOG).
This VOG must be requested to obtain the certificate and in the event of board changes. In this way, directors of an organisation who have committed relevant criminal offences are prevented from starting a temporary employment or secondment agency.

Paying the correct wage based on the wage ratio standard.
In other words, temporary workers must be given the same working conditions as employees employed by the client with the same position. In extreme cases, a check can take place at the workplace in which it is biased whether the function that the employee performs corresponds to the information passed on.

Providing a safe workplace.
It is already mandatory to pass on information about safety in the workplace to employees before they start work. This obligation for lenders will actually be checked as of 1 January 2025.

Offering suitable housing.
When you offer housing to your employees, it must meet the SNF requirements. For example, the property must be offered by a housing corporation or a certified landlord. When the lender is also the landlord, it must have an SNF certification.

Checking for affiliation to a pension.
It is currently being investigated how this control will take shape. The basis is that employees are affiliated with the right pension providers.

Limitation of hirer's liability

In the new system, it is also possible to protect tax hirer liability by using a G-account and working with a certified temporary employment or secondment agency. The existing regulation will be adjusted in 2 parts, namely:

The deposit percentage on the G-account is increased from 25% to 35% of the invoice amount.

Hirers who do not deposit into a G-account can more easily be held liable by the tax authorities. The hirer can be held liable for the 35% of the wage bill, or for the difference between the amount paid and 35%.

What does this mean for your collaboration with Organizedflex?

At Organizedflex, quality and working according to legislation are paramount in everything we do. We support the fact that more extensive and broader frameworks are set for the industry so that you are assured of quality and that work is done according to legislation. However, it is important that the new law remains enforceable, workable, affordable and verifiable.

If you would like to receive more information on how to prepare for  the new legislation for lenders (Service providers) and hirers (Clients), please contact us. We are happy to help you.

CONTACT US

OUR WORKING STYLE IS BASED ON SIMPLICITY, TRUST AND EFFICIENCY