Article 7:658(4) of the Dutch Civil Code · Wtta · hirer's liability
Liability insurance for hiring out and taking on agency staff
With hired-in staff the question after an accident is not who the employer is. That is the wrong question &mdash. The law places liability with the party on whose premises it happened.
The calculator and the quote form below are in Dutch. Prefer to do this in English? Email info@finassverzekert. nl or call 072 - 509 24 56 and we will take it from there.
Work out for yourself what it would cost.
Enter your details; you will receive a proposal within one working day.
We compare the offerings of several insurers
An adviser checks whether the cover suits your activities
A premium indication, not personal advice. Prefer to talk it through? Call 072 - 509 24 56.
In brief
Article Article 7:658(4) of the Dutch Civil Code makes a party who has work carried out by someone with whom they have no employment contract liable in the same way as an employer. The hirer therefore carries the duty of care for the agency worker's safety, even though that worker is on the agency's payroll.
That means both parties are at risk. The agency as the formal employer, the hirer under that fourth subsection. In practice they are regularly held liable together, and the division between them only follows afterwards from the contract.
Something is now being added to that. The Dutch Act on the admission of providers of temporary labour takes effect on 1 January 2027. From that moment you may only supply labour with an admission, and hirers may only do business with admitted suppliers.
What does liability insurance for supplying and hiring in labour cover?
The structure of the cover in three parts, with an overview per situation below.
Formal employer
For the supplier
Liability for your own agency workers and payrolled staff.
An accident at work at the hirer's premises
Occupational disease
Road use for work
Article 7:658(4)
For the hirer
Your duty of care for everyone working on your premises.
Hired-in workers
Self-employed professionals in your process
Trainees and volunteers
Towards third parties
Damage caused by the worker
Damage the agency worker causes at a customer or a third party.
Damage at the client's premises
Care, custody and control of equipment
Who carries what contractually
What is covered
Situation
Supplier of hired labour
Hirer
An agency worker is injured on the shop floor
Yes
Yes
An agency worker damages the hirer's equipment
Sometimes
No
Injury on the road during work
Sometimes
Sometimes
A self-employed professional is injured in your production process
No
Yes
A fine for hiring from a supplier who is not admitted
No
No
Intent or wilful recklessness
No
No
This overview is general in nature and is not personal advice. What is actually covered, including exclusions, limits and the excess, is set out in the policy conditions and the insurance card (verzekeringskaart) of the insurer; you receive both before you take out cover. Taking out cover without advice? Then read what execution only means for you.
Where things go wrong in practice
Four points that make the difference between a policy that pays out and one that does not.
The hirer is jointly liable, even without an employment contract
Article 7:658(4) DCC extends employer's liability to anyone who has work carried out by a person outside employment. That affects not only agency workers but also seconded staff, payrolled staff and self-employed professionals working within your business process. As a hirer you therefore have to arrange the same instruction, protective equipment and supervision as for your own staff: and record it demonstrably.
The Wtta changes the rules from 2027
The Act takes effect on 1 January 2027. The Labour Inspectorate will enforce it from 1 January 2028. Suppliers apply for admission to the Nederlandse Autoriteit Uitleenmarkt (the Dutch labour supply authority) and there will be a public register. The conditions include a certificate of conduct (VOG), compliance with the standards framework and a deposit of € 100.000. From 2028 hirers may only do business with suppliers in that register. If they do not, they risk a fine themselves.
The transitional scheme opens this autumn
Suppliers wishing to use the transitional arrangement must register between 1 November 2026 and 1 January 2027. Those who do may continue supplying labour while their application has not yet been assessed. The assessment itself starts in mid-2027. Put that date in the diary now. It is not a formality but the condition for being allowed to continue.
Set the division between the parties out in the contract
Because both the supplier and the hirer can be held liable, the contract determines who carries what: who provides instruction and protective equipment, who insures damage to equipment, and which sums insured are required. Without those arrangements the discussion only starts at the moment somebody is injured.
What does your premium depend on?
Payroll or turnover: the main basis for calculation
Sectors you supply labour to: construction and industry weigh more heavily than office work
Number of workers supplied
Sum insured per claim
Employer's liability insured
Claims history
Insurers weigh these details differently. That is where your saving is.
How we arrange it
You request a quoteWe take stock of your situation, your risk and your wishes.
We compareseveral insurers, on premium as well as conditions.
You receive a proposalWith an explanation of the differences and the exclusions.
We arrange the switchIncluding cancellation, so there is no gap in cover.
Customers rate our service on four aspects: personal service, service delivery, availability and the outcome. The reviews are collected and published by NH1816 and come from customers who have actually taken out a policy with Finass Advies B.V. or reported a claim.
Who is liable in an accident involving an agency worker?
In principle both parties. The agency as the formal employer, and the hirer under Article 7:658(4) DCC, which extends employer's liability to anyone who has work carried out by a person outside employment.
Does that also apply to self-employed professionals I hire in?
For the duty of care at the workplace, Article 7:658(4) DCC can also apply to self-employed professionals where they work within your business process. It does not apply to the insurance obligation for road accidents. That is reserved for employees.
What changes with the Wtta?
From 1 January 2027 an admission system applies. Suppliers may only supply labour with an admission from the Nederlandse Autoriteit Uitleenmarkt, and from 1 January 2028 hirers may only do business with admitted suppliers.
What do I have to do now as a supplier?
Register between 1 November 2026 and 1 January 2027 for the transitional arrangement. You may then continue supplying labour while your application has not yet been assessed. Also take account of the deposit of € 100.000 and the VOG requirement.
What do I have to do as a hirer?
From 2028, check whether your supplier is in the public register. If you do business with a supplier who is not admitted, the Labour Inspectorate can fine you too.
Is damage caused by the agency worker covered?
That depends on who holds the policy and what was agreed contractually. Damage to the hirer's equipment often falls under the care, custody and control exclusion; record who insures it.
Finass Verzekert is a trading name of Finass Advies B.V. We advise on and arrange non-life insurance on the basis of an objective analysis of several insurers, and receive commission for this from the insurer, which is included in the premium. You pay no separate advice fee. Before you take out cover, we establish your wishes and needs.
You will find our licence, KvK and Kifid details and our complaints procedure at the foot of every page.
