Who files the Dimona for an agency worker
In temporary agency work, the agency hires the agency worker and places them at your company; according to the NSSO, the agency is the employer. Article 6 of the royal decree on Dimona places the declaration for agency workers on the employer from the joint committee for temporary agency work, which also states the user company.
Exceptions
Your company becomes the employer itself, and must then file the Dimona itself, if you let the agency worker keep working after the agency has withdrawn them, if the work is not permitted temporary work, or if agency work is prohibited in that sector or for that occupational group.
What is the risk?
In those three cases you are the employer, and a missing Dimona is a level 4 offence under Article 181 of the Social Criminal Code: an administrative fine of € 3,000 to € 35,000, per employee concerned. Using an agency worker outside the permitted cases is also a separate offence for the user company (Article 176).
What to do
Work with a licensed temporary work agency, use agency work only for a legal reason, and hire the agency worker on your own contract with your own Dimona if they stay with you after the assignment.
Would you like to hire an agency worker yourself?
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Sources
Every amount and deadline on this page was checked against these official sources, last consulted on .