Equivalent employment conditions from 31 December 2026

The More Security for Flexible Workers Act (Wet meer zekerheid flexwerkers) is mostly discussed in terms of 2028. Shorter temporary agency employment phases, the end of zero-hours contracts, a longer break period between contracts. All true, and all still more than a year away.

But one part takes effect earlier: 31 December 2026. And that part requires action from you, not just from your temporary employment agency.

What is changing

The Dutch Senate passed the Act on 7 July 2026. It was published in the Staatsblad (Dutch Official Gazette) on 15 July. The Act will take effect in stages.

From 31 December 2026, agency workers will be entitled to employment terms and conditions that are at least equivalent to those of employees performing the same or a comparable role at the hiring company.

This already applied to wages, allowances, and arrangements concerning working hours and rest periods. What is new is that the principle will be extended to all other employment terms and conditions. The overall package does not have to be identical, but it must be comparable in value.

Why it starts with you

This is the key point, and one that most coverage overlooks.

A temporary employment agency can only offer equivalent conditions if it knows which conditions apply within your organisation. This means you need to provide a clear overview of what your own employees receive: job classifications, pay grades, premiums, working hours, leave arrangements, and all other policies and benefits that apply within your organisation.

Without that overview, no party can assess whether the package offered to an agency worker is equivalent. The legal obligation rests with the temporary employment agency, but you hold the information.

In practice, this means that the exchange of information about employment terms and conditions between hiring companies and temporary employment agencies will need to be more structured than it often is today. That takes time, and the deadline is the end of December.

What follows in 2028

Most of the Act will take effect on 1 January 2028. Four changes will directly affect your workforce planning.

Shorter temporary agency employment phases

Phase A will be reduced from 78 to 52 weeks. Phase B will last two years. If employment continues after that, an indefinite-term contract will apply. Agency workers will therefore acquire employment rights sooner than they do now.

The end of zero-hours contracts

On-call contracts, including zero-hours and min-max contracts, will be replaced by a minimum–maximum hours contract (bandbreedtecontract). This sets an agreed minimum number of hours, which cannot be zero, and a maximum that can be no more than 30 percent higher. For example, if the minimum is 20 hours, the maximum is 26 hours.

A longer break period between contracts

The break period under the rules on successive fixed-term contracts will increase from six months to three years. After three fixed-term contracts, another fixed-term contract can only be offered after a three-year break. This will prevent revolving-door arrangements.

For seasonal work, a three-month break will remain possible. This is an important exception for businesses with a pronounced seasonal pattern.

Exceptions

For school pupils and students working no more than 16 hours per week in a part-time job, the six-month break period will continue to apply. People who have reached the Dutch state pension age (AOW) may continue working on on-call contracts.

What you can do now

1. Map out your own employment terms and conditions

This is the only step with a December deadline. Create a clear overview of the conditions that apply to your own employees by job category, including premiums, leave entitlements, and other arrangements. Without that overview, no one can establish equivalence.

2. Agree on information-sharing with your temporary employment partners

Agree on how and when this information will be shared, and who is responsible for keeping it up to date. Sharing it once is not enough, because employment conditions change.

3. Review how long you currently use agency workers

How long do you actually employ agency workers through an agency? With shorter phases, the point at which employment rights arise moves forward. That is not a problem, but it needs to be reflected in your planning.

4. Identify returning workers

Which temporary employees return each year? A three-year break period changes what is possible, unless the seasonal work exception applies.

Our position

NL Jobs has its own legal department, which is unusual in this industry. We are closely monitoring this legislative process and keeping our clients informed about every development that affects their operations.

We cannot tell you which employment terms and conditions apply within your organisation. That is something you need to establish. What we can do is start the conversation well before the deadline approaches and make sure the information exchanged between us is accurate.

Would you like to know what this Act means in practice for your current temporary staffing arrangements? Contact us for an in-depth discussion.

Frequently asked questions

When does the More Security for Flexible Workers Act take effect?

In stages. The right to equivalent employment terms and conditions for agency workers will apply from 31 December 2026. Most of the Act will follow on 1 January 2028.

What exactly does equivalent mean?

It means that the overall package of employment terms and conditions for an agency worker must be comparable in value to that of an employee performing the same or a comparable role at the hiring company. It does not have to be identical.

Who is responsible for this?

The legal obligation rests with the temporary employment agency, but the hiring company holds the information about the employment terms and conditions that apply. In practice, both parties have a role to play.

What will change in the temporary agency employment phases?

From 1 January 2028, Phase A will be reduced from 78 to 52 weeks, and Phase B will last two years. If employment continues after that, an indefinite-term contract will apply.

Will zero-hours contracts disappear?

Yes, from 1 January 2028. They will be replaced by minimum–maximum hours contracts, with a minimum number of hours greater than zero and a maximum no more than 30 percent higher. Exceptions apply to school pupils, students, and people who have reached the Dutch state pension age.

Is there an exception for seasonal work?

Yes. While the break period under the rules on successive fixed-term contracts will increase to three years, a three-month break will remain possible for seasonal work.