The Immigration and Naturalisation Service (IND) has recently conducted audits of the commercial activities of recognised sponsors, specifically companies that supply personnel or plan to do so. If the IND determines that a company has not met all the statutory obligations, this can lead to an intention to revoke its status as a recognised sponsor.
SNA registration: What you need to know
Under Dutch law companies with certain business activity codes in their Chamber of Commerce registration must register with the Stichting Normering Arbeid (Labour Standards Register) (SNA), unless a specific exception applies.
SNA registration is mandatory for the following commercial activities:
- 78201: Uitzendbureaus (Temping Agencies)
- 78202: Uitleenbureaus (Supplying Agencies)
- 78203: Banenpools (Job Pools)
- 7830: Payrolling
Exceptions to SNA registration
The Placement of Personnel by Intermediaries Act (Waadi) includes three exceptions which mean that employers do not have to register:
- Making personnel available for the purpose of an item supplied or work effected;
- Providing personnel who are employed by the entity making them available with no profit motive (collegial supply).
- Providing labour for work within a business maintained by the same owner (intra-corporate supply).
SNA registration is not required in these cases. It is vital that companies falling under one of these SBI codes are aware of these exceptions and the consequences in terms of their status as a recognised sponsor.
Steps to be taken
Businesses are encouraged to undertake the following steps:
- Check your registration: Verify whether your company has one of the above SBI codes in its Chamber of Commerce registration.
- Carry out an internal audit: Identify which business activities take place in your company that fall under these codes and whether these activities are commercial or not, so you can determine whether they are subject to the above exceptions under the Placement of Personnel by Intermediaries (Waadi) Act.
- Take the necessary steps: To avoid misunderstandings and possible revocation by the IND, update your Chamber of Commerce registration or start SNA registration as soon as possible.
Questions or help needed?
For questions or support with assessing the situation and deciding on the necessary steps, you are welcome to contact our immigration team.