Op de moderne arbeidsmarkt wordt de term ‘schijnzelfstandigheid’ steeds vaker gebruikt. Maar wat houdt het precies in? Valse zelfstandigheid verwijst naar situaties waarin zelfstandigen zonder personeel (ZZP’ers) in feite worden behandeld als werknemers, zonder de voordelen van een arbeidscontract, zoals ontslagbescherming en sociale zekerheid. Met de toenemende nadruk op flexibiliteit is het belangrijk om het verschil te begrijpen tussen echte zelfstandigheid en schijnzelfstandigheid. In deze blogpost gaan we dieper in op de risico’s van schijnzelfstandigheid, de rol van de wet DBA en hoe zowel ZZP’ers als opdrachtgevers zich kunnen beschermen tegen ongewenste gevolgen. Of je nu een ZZP’er bent die zijn onafhankelijkheid wil behouden of een opdrachtgever die juridische complicaties wil vermijden, deze gids biedt waardevolle inzichten en praktische tips voor een eerlijke en transparante arbeidsrelatie.

What is false self-employment?

False self-employment is a term that is increasingly discussed in today’s labor market. It refers to situations in which a self-employed person without staff (zzp’er) actually functions as an employee, without the associated rights and obligations of an employment contract. The difference between true self-employment and false self-employment lies mainly in the degree of independence and the risk that the zzp’er bears. In a time when the flexibility of the labor market is becoming increasingly important, it is essential to understand this distinction well.

A true self-employed person has the freedom to organise his or her work as desired, without direct control or obligations that come with an employment contract. False self-employed persons, on the other hand, are often treated as employees, but lack the protection of an employment contract, such as paid holidays and social security. This makes the subject particularly relevant for both self-employed persons and clients who want to avoid unknowingly ending up in a bogus construction.

In today’s labour market, it is crucial to find the right balance between flexibility and protection. False self-employment undermines this balance and can lead to unfair competition and exploitation. That is why it is of great importance that both ZZP’ers and clients are well informed about the characteristics and risks of false self-employment.

Why is it important to avoid false self-employment?

Avoiding false self-employment is essential because of the risks and consequences associated with it for both the self-employed person and the client. For the self-employed person, false self-employment means the absence of essential employment rights, such as dismissal protection and social security. This can lead to financial uncertainty and a lack of protection in the event of illness or unemployment.

For clients, bogus self-employment also entails considerable risks. If a ZZP’er is considered a bogus self-employed person, this can lead to high fines and additional assessments from the Tax Authorities. This is because the client can be held responsible for not paying payroll taxes and social security contributions.

Furthermore, bogus self-employment can damage an organization’s reputation and lead to legal disputes. It is therefore important that clients carefully screen their freelancers and ensure that the employment relationship meets the legal requirements. This can help prevent legal complications and financial consequences.

How can the DBA Act help prevent false self-employment?

The DBA Act (Deregulation Assessment of Employment Relationships) was designed to combat bogus self-employment by providing clarity on the employment relationship between self-employed persons and their clients. This act replaces the old VAR declaration and emphasises the responsibility of both the client and the contractor to correctly define the employment relationship.

Model contracts play a crucial role in the DBA Act. These contracts help to determine in advance whether there is self-employment or an employment relationship. By using approved model contracts, both parties can demonstrate that they have set up the employment relationship in a correct manner, which reduces the chance of false self-employment.

It is important that both freelancers and clients are aware of the requirements of the DBA law and the possibilities that model contracts offer. Carefully drafting and complying with these contracts can help prevent legal problems and ensure a fair and transparent employment relationship.

What are the indications of a true self-employed person?

A true independent worker distinguishes himself from an employee by various characteristics that indicate entrepreneurship and independence. One of the most important indications is having multiple clients. This shows that the ZZP’er is not dependent on one client and is responsible for obtaining assignments himself.

In addition, a true independent invests in his or her own company. This can be in the form of purchasing their own materials, taking courses, or developing their own brand. These investments show that the ZZP’er is willing to take risks and is responsible for the success of the company.

The freedom to organise the work and determine the working hours is also an important characteristic of a true independent worker. In contrast to an employee, an independent worker can make decisions about the execution of assignments and the planning of work.

What steps can a self-employed person take to prevent false self-employment?

A self-employed person can take various steps to prevent false self-employment and to safeguard their own independence. One of the most important steps is to draw up clear and watertight contracts with clients. These contracts must clearly describe the nature of the employment relationship and meet the requirements of the DBA law.

In addition, good administration is essential for every ZZP’er. This includes not only financial administration, but also keeping track of agreements with clients and documenting one’s own activities. A solid administration can help to demonstrate that the ZZP’er operates as an independent and not as an employee.

Open communication with clients is also crucial. By making clear agreements about expectations and responsibilities, misunderstandings and false self-employment can be prevented. It is important to regularly evaluate the employment relationship and ensure that it continues to meet the legal requirements.

Conclusion

Avoiding false self-employment is of great importance for both ZZP’ers and clients. By being aware of the characteristics of true self-employment and the risks of false self-employment, both parties can shape their employment relationships in a fair and transparent manner. The DBA Act offers a valuable framework and tools such as model contracts to prevent false constructions.

At WerfSelect, we are here to support you in the complex landscape of independence and employment relationships. Whether you are a self-employed person who wants to safeguard your independence, or a client looking for highly qualified personnel, we offer tailor-made solutions that fit your needs. Together, we can work towards a healthy and fair labor market.