Van Hijum Continues with VBar, Entrepreneurship in New ZZP Law
Netherlands to Adjust Bill on Work Relations Following Supreme Court Ruling
Table of Contents
- Netherlands to Adjust Bill on Work Relations Following Supreme Court Ruling
- Dutch Employment Law: Navigating the Employee vs. Self-Employed Distinction
- Introduction
- Key Questions and answers
- what is the Dutch government doing to clarify the distinction between employees and self-employed individuals?
- What are the main criteria used to determine if a worker is an employee or self-employed?
- How does this change relate to the Supreme Court ruling?
- Will the new law impact current enforcement practices?
- What is the “presumption of employment” in the VBar bill?
- When will the new law take effect?
- Key Differences
Teh proposed law aims to clarify the distinction between employees and self-employed individuals.
The Dutch Minister of [Relevant Ministry] will adjust the Bill clarification Assessment of Work Relations and Legal Confirming (VBar). Entrepreneurship will become a key criterion when determining whether a worker is an employee or self-employed, according to a letter from the Minister to the House of Representatives.
The revised law will consider three types of criteria:
- Criteria indicating employment, such as the degree of control exerted over the worker.
- Criteria indicating independent work, such as the worker bearing risk within the assignment.
- Criteria related to external entrepreneurship, such as paying VAT, investing in the business, and actively seeking customers.
An earlier draft of the VBar bill stipulated that entrepreneurship criteria would only be considered if the employment and independent work criteria were in balance. This provision has been removed, and all three categories will now carry equal weight.
this adjustment follows a recent Supreme Court ruling in the Uber/FNV case, which mandated that all criteria from the Deliveroo judgment be considered without ranking.
We want people to know where they stand. Many self-employed people make an critically important contribution to our economy. And that room to work as an entrepreneur must also be normal. Because of this bill we want to make the distinction clearer. if you are controlled in your work and you do not run an entrepreneurial risk, then you are an employee and then you are entitled to the protection that is all about it.
Minister of [Relevant Ministry]
Enforcement Unchanged
A ministry spokesperson emphasized that the billS adjustment will not affect current enforcement practices. Enforcement already considers all criteria holistically, including those related to entrepreneurship.
Presumption of Employment
The VBAR bill also introduces a legal presumption of employment.Workers earning less than a specified hourly rate can claim employee status, shifting the burden of proof to the client to demonstrate the absence of an employment contract. This aspect of the bill remains unchanged.
Next Steps
The government aims for the law to take affect on Jan. 1, 2026, contingent on parliamentary approval. this timeline would allow the Netherlands to meet the requirements for funding from the European union’s repair and resilience facility.
A member of Parliament from the VVD party has announced plans to propose an option to the VBar.
Introduction
The Netherlands is adapting it’s labor laws to clarify the distinction between employees and self-employed individuals. This article provides a comprehensive overview of the changes and what they mean for workers and businesses.
Key Questions and answers
what is the Dutch government doing to clarify the distinction between employees and self-employed individuals?
The Dutch government is adjusting the Bill clarification assessment of Work Relations and Legal Confirming (VBar) to better define the difference between employees and self-employed individuals.This is in response to a recent Supreme Court ruling.
What are the main criteria used to determine if a worker is an employee or self-employed?
The revised VBar law considers three key categories of criteria:
Criteria Indicating Employment: This includes the degree of control exerted over the worker.
Criteria Indicating Independent Work: Such as the worker bearing the risk within the assignment.
* Criteria Related to External Entrepreneurship: This involves paying VAT,investing in the business,and actively seeking customers.
All three of these categories will carry equal weight in the assessment.
How does this change relate to the Supreme Court ruling?
The adjustments to the VBar follow a Supreme Court ruling in the Uber/FNV case that mandated all criteria from the Deliveroo judgment be considered without ranking. The new law reflects this by giving equal weight to all the specified criteria, ensuring a holistic evaluation rather than prioritizing one aspect over others.
Will the new law impact current enforcement practices?
No, the bill’s adjustment is not expected to change current enforcement practices. Enforcement already considers all criteria holistically, including those related to entrepreneurship.
What is the “presumption of employment” in the VBar bill?
the VBar bill introduces a legal presumption of employment. Workers earning less than a specified hourly rate can claim employee status, which shifts the burden of proof to the client to demonstrate the absence of an employment contract.
When will the new law take effect?
The government aims for the law to take effect on Jan. 1, 2026, contingent on parliamentary approval.
Key Differences
| Feature | Previous Draft | Revised Law |
| ———————– | ———————————————– | ————————————————— |
| entrepreneurship Criteria Weight | Considered only if employment and independent work criteria were in balance | All categories carry equal weight |
| Enforcement Practices | Unchanged | Unchanged |
If you have any concerns about discrimination or unfair treatment, you may contact FairWork. This organization offers confidential advice on dutch labour laws and will support you in navigating the necessary actions.