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Flexible work 2026: navigating new legislation

With the introduction of the Dutch Wet VBAR (clarifying the assessment of employment relationships) and the Wet WTTA (improving security for flexible workers), companies need to prepare thoroughly.

With the introduction of the Dutch Wet VBAR (Wet verduidelijking beoordeling arbeidsrelaties, clarifying the assessment of employment relationships) and the Wet WTTA (Wet verbetering zekerheid flexibele arbeidskrachten, improving security for flexible workers), companies need to prepare thoroughly. Both laws bring new obligations, but also opportunities and challenges. An important change is mandatory time tracking for flexible workers from January 2026, which creates extra administrative obligations. In this blog, we explain the key points of both laws and discuss what companies can already do now to be prepared.

The Wet VBAR: a new assessment of employment relationships

Below, we explain the most important changes in the Wet VBAR, which lead to a stricter assessment of employment relationships and aim to counter false self-employment.

  • Criterion for self-employed workers

The Wet VBAR replaces the Wet DBA and aims to counter false self-employment. Companies must now record more precisely whether a working relationship is truly self-employed, or should actually be seen as employment. This mainly affects freelancers in the flexible labor market, but also temp agencies and intermediaries. Companies must document and classify their working relationships clearly to avoid problems with the Dutch Tax Administration or regulators.

Although the Wet VBAR is still being developed, it's clear that the assessment of employment relationships will become stricter. That's why it's important to follow developments around this law closely.

  • Minimum hourly rate

Another important point in the Wet VBAR is the proposal for a minimum hourly rate of about €33 for freelancers. This can increase the cost of hiring freelancers and requires companies to review their budgets and rates. It underlines the importance of a well-thought-out use of freelancers, with clear agreements and correct contract types.

The Wet WTTA

Below are the most important changes the Wet WTTA brings, including new obligations for recording hours worked and equal employment conditions for flexible workers.

  • Verifiable time tracking

From January 1, 2026, employers are required to accurately record the hours worked by flexible workers, including temporary workers and freelancers. This increases transparency and protection for flexible workers, but also means extra administrative work. Companies will have to digitize their processes and use tools that provide reliable and verifiable time records, also for compliance and scheduling purposes.

  • Requirements for staffing agencies

The WTTA also states that from 2026, temporary workers are entitled to the same employment conditions as permanent employees. Think of pay, pension and other secondary benefits. This measure encourages fair treatment, but can also affect companies' cost structure. Organizations must adjust their HR and payroll administration to this and set up clear procedures.

The law also changes the rules on successive contracts, such as shorter terms for temporary contracts and possible reclassification of flexible work as permanent work. This limits the freedom to keep using flexible workers on temporary terms indefinitely. Companies must adjust their strategic workforce planning to this and think about more structural solutions.

A deposit for organizations

Organizations may also have to pay a deposit when they use flexible workers. This deposit is meant to guarantee that companies comply with the law and to prevent abuse of flexible workers. This can mean an extra expense for companies that already work with a tight budget. It's important for companies to take this financial obligation into account in their budgets and plans for the future.

Political uncertainty

Although the legislation on flexible workers is planned for 2026, its introduction is still uncertain. Political parties are currently working on alternative legislation, so the final form of the law may change. This means companies must stay aware of political developments and remain flexible in their preparation. It's essential to keep up with the latest news and legislation, so you stay well informed about the future of flexible work.

What can employers already do now?

The changes that take effect in 2026 and 2027 call for a strategic review of how companies work with flexible workers. Some important steps companies can already take now are:

  1. Evaluate your time tracking: make sure you have systems in place to record the hours worked by flexible workers in a detailed and accountable way.

  2. Review employment relationships: companies must assess whether their flexible workers are still correctly classified as self-employed or should be hired as employees.

  3. Compare employment conditions: it's important to align flexible workers' employment conditions with those of employees to guarantee equal pay.

  4. Anticipate changes to the rules on successive contracts: think about how the new rules affect employment contracts and the use of flexible workers in your organization.


Conclusion: a changing market

The new legislation significantly changes the rules of the game in the flexible labor market. Forward-thinking companies that are already preparing now can use the transition to organize their flexible work more fairly, transparently and efficiently. The time to act is now. By investing in the right tools and processes, your organization stays not only compliant, but also competitive in a changing labor market.

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