The draft law as currently submitted explicitly distinguishes between the role of the staffing agency and the hirer for posted workers. That changes how key obligations work in practice.
Last update: April 7, 2026 · Reading time: 9 minutes
For own employees, obligations generally apply to a staffing agency in the same way as to any employer.
The supplier remains the formal employer and handles pay disclosure using cluster data from the hirer. The hirer reports on placed workers. The described May 2026 proposal adds a duty for suppliers to return pay information to hirers for reporting and pay assessments.
Different for staffing agencies
7
Obligations with a different execution path or chain role for posted workers.
No difference
1
The obligation works in essence the same for staffing agencies and other employers.
For each point, you can see whether there is a difference. Where there is a difference, we link to the relevant practical explanation page.
Difference
| Obligation | Regular employer | Staffing agency | Difference |
|---|---|---|---|
Objective and gender-neutral job classificationEqual treatment law and Waadi | Job evaluation and classification must be objective and gender-neutral, based on skills, effort, responsibilities and working conditions. | This obligation also applies, but for posted workers the staffing agency depends on hirer information on job evaluation and grading level. | Difference presentExecution depends on hirer input. |
Gender pay gap reportEqual treatment law art. 10c et seq. | Employers with 100+ employees report periodically to the regulator. Phasing: 150+ by 7 June 2028, 100-150 by 7 June 2031. | Under the draft law, the hirer reports separately on its own employees and placed workers. The supplier returns the required pay information and reports only on staff working under its own authority for its own business. | Difference presentReporting for posted workers sits with the hirer. |
Pay information requestEqual treatment law art. 10b | Any employee can request pay information in writing. The employer must respond in writing within two months with own pay and gender-split category averages. | The worker submits the request to the supplier. The supplier combines individual pay with current cluster averages by gender from the hirer and provides one written response within two months. | Difference presentThe hirer supplies cluster data to the supplier, not a separate response to the worker. |
Inform employees annuallyEqual treatment law art. 10b(4) | Informs employees annually about their right to request pay information and how to request it. | Must do the same for own employees and posted workers, because the staffing agency remains the formal employer. | No differenceThe core duty is the same. |
Make pay criteria availableEqual treatment law art. 10a | Must proactively provide access to pay criteria. For 50+ employees, additional pay-progression criteria apply. | The same duty applies, but for posted workers the staffing agency must collect relevant criteria and context from the hirer. | Difference presentStaffing agencies need structured hirer data agreements. |
Pay gap by job categoryEqual treatment law art. 10c(4) | Reports go not only to the regulator but also to employees and representation bodies. | The hirer shares component g with its own employees, the works council and placed workers. The supplier provides the required pay information and shares its own report with its own staff where reporting obligations apply. | Difference presentSharing follows reporting ownership. |
Recruitment information obligationEqual treatment law art. 3(5-7) | Must provide salary or range in time before the conditions discussion, must not ask salary history, and must use gender-neutral job titles. | Must provide the same information to applicants in time, but for agency work depends on the hirer for salary range and relevant CBA information. | Difference presentContent for agency placements is supplied by the hirer. |
Return pay information to the hirer Proposed article 12b(4) and (5) Waadi, May 2026 | This specific return duty concerns the supply of workers, not a regular employment relationship without a hirer. | Supplies the pay information about placed workers needed for the hirer's reporting and pay assessments. The proposal provides for a model set by collective agreement or ministerial regulation. Source verification and the precise implementation remain open. | Difference presentA separate flow from supplier to hirer. The existing SETU exchange does not replace it. |
The return duty is based on the supplied description of the draft law of 27 May 2026, not on law already in force. The exact wording of article 12b(4) and (5) Waadi and the further report still require verification. The applicable model, pay components, breakdowns and submission frequency are not treated as final here.
Yes. The supplier handles pay disclosure using cluster data from the hirer. Under the draft law, the hirer reports on placed workers. The supplier returns the pay information needed for that report.
Agree on current employment terms, salary ranges, pay criteria and cluster data from the hirer, as well as the pay information returned by the supplier. Record who submits, checks and corrects data and who handles pay disclosure and reporting.
Details may still change until the final act and secondary legislation. Treat this page as a working framework based on the draft as currently submitted.
Wtta and pay transparency make flexible work data-driven. Why staffing suppliers and hirers need a controlled workflow for reward data.
The Administrative Jurisdiction Division rejects dispensation from the ABU CBA. Six insights from the ruling and what they mean for employers and staffing agencies.
Why you cannot trust a generic chatbot for the Pay Transparency Directive. Concrete examples of AI hallucinations with legal consequences.
Disclaimer: this article is a general explanation of the draft law as currently submitted and is not legal advice.
Map both data flows and see how Payqual supports pay disclosure, return submissions and reporting.