Important CLA changes effective January 1, 2026 – equal pay & employer action required

Further to our earlier communication, the revised NBBU Collective Labour Agreement (CLA) for Temporary Agency Workers will take effect. This new CLA represents a significant shift in labour market regulation and has important consequences for you as a hirer.

In this message, we explain what’s changing, how it affects you, and how AAme will assist you in implementing these changes.

Why a new CLA?

This CLA is aligned with:

  • The 2021 SER Labour Market in Balance advisory report
  • The anticipated Act on More Security for Flexible Workers (2027)
  • Recent case law concerning agency worker pay (e.g. Dosign, Timepartner)
  • Political and legal developments on temporary agency work and labour migration

The central goal: replacing the current “hirer’s remuneration” with a mandatory equal pay for equal value system that includes all employment conditions.

Key changes as of January 1, 2026

Equal Pay:

  • Equal pay will replace the 10-element hirer’s remuneration system.
  • The total package of employment conditions for the agency worker must be at least equal in value to that of a comparable employee at the client.
  • This includes both:
    • Essential terms: pay, working hours, overtime, holidays, sick pay, allowances.
    • Non-essential terms: pension, sustainable employability, additional benefits.

Pension:

  • Pension premium increases to 23.4%, of which 15.9% is employer-paid and 7.5% employee-paid.
  • If the client’s pension scheme is more generous, compensation is required.
  • Two calculation methods and a correction factor (0.853) apply.

Sick Pay & Leave:

  • Sick pay must follow the client’s conditions
  • No holiday allowance reservation anymore – holidays are granted in alignment with the client’s policies.
  • Holiday days are accrued in time; above-statutory days may be compensated differently by agreement.

Phasing Out:

  • The “10-point hirer’s remuneration” system
  • Separate rules on holiday pay (8.33%), sick pay (90/80%), holiday accrual (16 2/3 hrs/month)
  • Reservation for sustainable employability (DOORZAAM: 1.02%)
  • Special rules for students and seasonal work

Implementation in four clear steps

The AAme standard request form for gathering client data.

  1. Request: we collect full employment conditions from you as the client (based on Article 12a Waadi)
  2. Verification & Review: we assess completeness and interpretability
  3. Equal Pay Assessment: we determine equivalency (using valuation, tax & pension tools)
  4. Written Confirmation: the agency worker receives a written overview of their (equivalent) package

Transition arrangement

If a worker would lose entitlements under the new CLA, a 6-month transition period applies during which they retain their existing:

  • Holiday allowance (8.33%)
  • Number of holidays
  • Sick pay percentage

Upcoming legal changes (2027 and beyond)

Vanaf 2027 (Wet meer zekerheid flexwerkers):

  • Anticipated under the Act on More Security for Flexible Work:
  • Phase B (Phase 3) will be shortened from 3 years to 2 years
  • Interruption periods between assignments will be replaced by a 5-year administrative expiry period
  • A maximum duration for agency work at one client is likely (e.g. 36 months)

Also relevant: the WTTA (Temporary Agency Work Admission Act) was adopted by the Dutch House of Representatives and is expected to:

  • Require formal licensing of staffing agencies from January 1, 2028
  • Include mandatory conditions: tax clearance, €100,000 financial guarantee, and VOG-RP (criminal records check for legal entities)

What are the risks if you don’t act?

Failure to comply can lead to:

  • Retroactive pay corrections and recovery claims
  • Reputational damage
  • SNCU inspections and penalties
  • Being excluded from hiring certified staffing partners

AAme supports you

We are here to guide and assist you with:

✔ Our standardised intake form to collect all necessary employment data
✔ Legal & financial equal pay assessments
✔ Compensation advice for pension differences
✔ Internal process adjustments & documentation
✔ Client-specific HR and payroll advice, workshops, and training

Would you like to discuss this further, receive the request form, or plan an onboarding session?

Please do not hesitate to contact us.


Read more: Flexible work is changing fundamentally – are you ready for the new 2026 CLA?

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