<\/p>\n
Amsterdam-based Stephanie Dekker<\/a> and Floor Hintzen<\/a> of Pinsent Masons said that, ahead of the general election later this year employment status remains a major political issue.<\/p>\n Currently, a demissionary cabinet \u2013 a form of caretaker government \u2013 is operating in the Netherlands. This follows the collapse of the previous coalition government earlier this summer. A general election is scheduled for October 2025.<\/p>\n Dekker and Hintzen said that both the demissionary cabinet and other members of the Dutch parliament, spanning four different political parties, are behind two separate proposals regarding the assessment of employment relationships that they said employers should monitor the progress of.<\/p>\n On\u00a07 July 2025, the demissionary cabinet submitted a\u00a0revised version of the\u00a0Assessment of Employment Relationships and Legal Presumption Bill (Wet VBAR)\u00a0to the House of Representatives (Tweede Kamer). The move, Dekker and Hintzen said, confirms that the demissionary government continues to actively pursue labour market reform, even after the coalition government\u2019s collapse.<\/p>\n The Wet VBAR is aimed at clarifying when a worker qualifies as an employee or a self-employed person. For this purpose, a structured assessment framework has been proposed. The framework is based on two core elements: indicators of authority and control, suggesting employment, such as instructions, supervision, and organisational integration; and indicators of working at one\u2019s own account and risk, suggesting self-employment, such as financial risk, entrepreneurial behaviour, and independence.<\/p>\n Dekker and Hintzen said a significant change in the amended Wet VBAR is to criteria designed to help employers distinguish whether someone who does work for them is self-employed or an employee. The specific change means\u00a0external entrepreneurship\u00a0is now explicitly referenced as a\u00a0primary criterion\u00a0for self-employment, rather than only being decisive when other indicators are inconclusive. Dekker and Hintzen said the change aligns with the Dutch Supreme Court\u2019s ruling in the\u00a0Uber\/FNV case in February this year.<\/p>\n The amended bill also includes a\u00a0legal presumption of employment\u00a0for individuals earning under\u00a0\u20ac36\/hour, as at 1 January 2025. This, Dekker and Hintzen said, shifts the burden of proof for showing someone earning less than that amount is self-employed onto organisations that engage those individuals.<\/p>\n Although politically sensitive, the bill was\u00a0not classified as controversial\u00a0by the House of Representatives, meaning the caretaker cabinet may continue working on it. The law is currently scheduled to enter into force on\u00a01 January 2026.<\/p>\n In parallel, however, members of the Dutch parliament from\u00a0the parties VVD, D66, CDA and SGP\u00a0have proposed the\u00a0Self-Employed Persons Bill (Zelfstandigenwet)\u00a0as an alternative to the revised Wet VBAR. The Zelfstandigenwet is a draft bill currently under public consultation. If introduced into law, it would introduce a\u00a0three-step assessment\u00a0for determining whether someone may legally work as a self-employed person: first, a self-employment assessment, focusing on external entrepreneurship; second, a working relationship assessment, for evaluating the presence or absence of hierarchical control; and third sector-specific legal presumptions, allowing for stricter rules in sectors like education, construction, and healthcare.<\/p>\n For individuals to qualify as self-employed under this alternative approach, they would need to demonstrate that they have made\u00a0adequate provisions for disability insurance and retirement. The intention of the contracting parties is the starting point under this proposed model.<\/p>\n Dekker and Hintzen said the two legislative tracks reflect a broader shift in Dutch labour policy towards reducing false self-employment while preserving space for genuine entrepreneurship.<\/p>\n Dekker said: \u201cWith two parallel legislative tracks now in motion, organisations should closely monitor developments, assess their current engagement models, and identify where risks of self-employment claims may exist within their organisation. Early preparation will help mitigate compliance risks.\u201d<\/p>\n Hintzen added: \u201cIn this context, it is also relevant that the Dutch tax authority\u2019s enforcement moratorium with regard to misclassified self-employment relationships ended on 1 January 2025. This significantly increases the urgency for organisations to review and, if necessary, adjust their working arrangements.\u201d<\/p>\n","protected":false},"excerpt":{"rendered":"
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