Freelance update

Private member’s bill - Self-employment Act

The VVD, D66, CDA and SGP political parties recently submitted a private member’s bill: the Self-employment bill. The aim of this private member’s bill is to remove the ambiguity and apprehension surrounding the status of the self-employed. The bill has been presented for consultation. Anyone can comment on the proposed Self-Employment Bill up until 23 June 2025.

The parties who submitted this private member’s bill wish to end the uncertainty and anxiety surrounding the status of the self-employed. The aim is also to bring the legislation more into line with today’s employment market. 

Essence of the bill

At the heart of the proposal is that there should be a clear legal assessment framework indicating when self-employment is possible. This assessment framework covers two areas: self-employment and the working relationship. To provide certainty that someone can work as a self-employed person, both assessment conditions must be met. Those behind the bill believe that this assessment framework makes it clear to both contractors and clients what they need to comply with.

The conditions to be met in the self-employment assessment are:

• working on your own account and at your own risk
• maintaining proper records
• acting as a self-employed business owner in the economy
• having adequate provision against the risk of occupational disability
• making a proportionate contribution to a provision for retirement

The conditions to be met in the working relationship assessment are:

• freedom in the organisation of the work
• freedom in the organisation of the working hours
• no hierarchical control
• the parties intend to work together other than under an employment contract

The legislation further introduces the possibility of creating a presumption of law at sector level in those sectors where there is an increased risk of pseudo self-employment.

The bill’s promoters emphasise that in addition to the assessment criteria, the actual circumstances remain relevant.

Those presenting the bill further state that under this legislation a separate assessment committee will be created to assess working relationships where necessary. These assessments would be public and binding upon enforcement agencies, such as the Tax and Customs Administration.

You can comment on the draft bill from 26 May to 23 June 2025.

You can find the consultation information and documentation (in Dutch) here.

Ministry of Social Affairs and Employment Information Material

As part of the information campaign of the Ministry of Social Affairs and Employment, in addition to the previously published info document zzp - ja of nee: voorbeelden per beroepsgroep (Self-employed - yes or no: examples per occupational group), a further document was published on 15 May this year entitled:  zzp - ja of nee: uitgebreide praktijkvoorbeelden loondienst of zelfstandig ondernemer (Self-employed - yes or no: numerous practical examples of employment or self-employment).

Two case studies are used to make such an assessment (a website administrator and a maintenance mechanic) based on the nine Deliveroo criteria. More information and explanation is given for these situations than in the previous information document. The information provided is then discussed for each Deliveroo criterion leading to an indication of either an employment contract/employment or self-employment.

In the first case it is concluded that the work can be conducted outside an employment contract and for the second it is concluded that this is not possible. The conclusion is hardly surprising in either case.

More security for flex workers bill

The government submitted the Meer zekerheid flexwerkers (More security for flex workers) bill to the House of Representatives on 19 May 2025. The legislation is intended to create more certainty for employees on a flexible employment contract about their income and working hours.  If the House of Representatives and then the Senate endorse the bill, it should enter into force from 1 January 2027. The section on equal pay for temping agency staff could take effect a year earlier on 1 January 2026.

Temping agency staff

People working through a temping agency will be entitled to at least the same working conditions as regular employees. The phases of temping agency work in which you can be dismissed at any time or do not know how many hours you can work, will also be shortened from 18 months to a year (12 months). 

Revolving door constructions

The basic principle of the new bill is that temporary contacts should only be intended for temporary work. Personnel should be able to get a permanent contract more quickly after a temporary one. Under the present legislation no more temporary contracts may be given for six months after three temporary contracts. To combat revolving door constructions, this period has been replaced in the new bill by a term of five years. Also only limited exceptions to this rule will be permitted in a collective labour agreement.

On-call contracts

A bandwidth contract will be introduced instead of zero hours contracts. A minimum and a maximum number of hours will be agreed upon in it, with the difference being no more than 130%. This means that for a minimum of 10 hours the maximum will be 13 hours. The employee may refuse calls which exceed the maximum. And if more hours are worked on a regular basis, a contract with more hours should be offered. This change provides the employee with more certainty about their income and the hours they are expected to work. The legislation does include an exception for after-school, weekend and holiday jobs for young people, students and school pupils who can continue to work on the basis of an on-call contract.