Is the staffing agency still the formal employer for pay transparency?
Yes. For posted workers, the agency remains the employer, but the draft allocates execution—for example category averages and parts of reporting—to the hirer.
HomePay transparency for staffing agencies: what does the Dutch draft law require?
Staffing agency versus regular employer
Pay transparency for staffing agencies: what does the Dutch draft law require?
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
Quick answer
- For own employees, staffing agencies have the same pay transparency obligations as any other employer.
- For posted workers, reporting and LIV category averages shift to the hirer under the current draft law.
- Six of the seven practical duties work differently; only the annual information duty is essentially the same.
Starting point: one law, two contexts
For own employees, obligations generally apply to a staffing agency in the same way as to any employer.
For posted workers, responsibility is shared. In particular, reporting and LIV category-average information shifts to the hirer under the current draft. This article explains what that means per obligation.
Different for staffing agencies
6
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
7 practical obligations: regular employer vs staffing agency
| 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 reportingEqual 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. | For posted workers, reporting is allocated to the hirer under the draft law. The staffing agency reports only on own employees. | Difference presentReporting for posted workers sits with the hirer. |
Pay information request dutyEqual 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 staffing agency provides own gross pay and variable components. For category averages of posted workers, the framework refers to the hirer. | Difference presentCategory averages are provided by the hirer. |
Annual employee information dutyEqual 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. |
Proactive availability of pay criteriaEqual 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. |
Share reports with employeesEqual treatment law art. 10c(4) | Reports go not only to the regulator but also to employees and representation bodies. | Because reporting for posted workers sits with the hirer, the staffing agency does not share that report with that group. For own employees it does, when thresholds apply. | Difference presentSharing follows reporting ownership. |
Salary information before first interviewEqual 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. |
What is still open
Parts of the dual reporting setup are still to be specified by secondary legislation. Use this as a working framework based on the draft law as currently submitted.
Frequently asked questions
What should agencies agree with hirers first?
Flows of grading and classification information, salary ranges and CBA context for recruitment, and who delivers which reporting elements and shares them with workers. Capture this in chain processes.
Will this change when the law is final?
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.
Related articles
Source
- [1]Draft law implementing the Pay Transparency Directive (WGK025384), version 19 January 2026, including explanatory notes on article 12b Waadi and relevant equal treatment provisions.
Disclaimer: this article is a general explanation of the draft law as currently submitted and is not legal advice.
Want to turn this into workable processes?
Map, per obligation, which data you own and which data you need from hirers on a structural basis.