Legislation & politics

Unrest among clients and zp'ers about the DBA Act remains high, even as the cabinet presented plans to replace the controversial law in the coalition agreement. Some 60% of highly educated self-employed workers, often called independent professionals (zp'ers), are concerned that the DBA Act will remain in force until a replacement plan takes effect. Four in five of these zp'ers give as their reason that they still experience uncertainty, lack of clarity and unrest among clients. This emerges from the Law DBA Opinion Monitor of HeadFirstconducted in collaboration with ONL for Entrepreneurs and ZP Zaken among 775 zp'ers.

Minister Wouter Koolmees of Social Affairs and Employment recently expressed the expectation that adaptation of the DBA Act will probably take another two years. This is an unworkable situation for independent professionals. Hans Biesheuvel of ONL voor Ondernemers responds: "Uncertainty regarding the DBA Act costs clients and self-employed people tons of money every day. We cannot let this situation continue. We need a short-term solution now, then we can work on a sustainable solution."

Zp'ers critical of plans

Independent professionals are well informed about the plans to replace the DBA Act: 84% know the ideas in detail or in outline. A large proportion (62%) consider the plans an improvement over the DBA Act, but nevertheless remain critical. For example, 'duration of assignment' and 'nature of the work' are considered inappropriate criteria to distinguish self-employed workers from employees. The self-employed are more positive about the 'hourly rate' criterion.

Nearly 67% of the self-employed experience the criterion of "assignment duration" as negative. The most frequently cited reason is that independent professionals - highly educated and working for predominantly large clients - are usually hired for longer than a year, the maximum period for opting out of payroll tax and employee insurance. Some 61% of the self-employed do not like the "nature of work" criterion, as it would be a subjective term that will mainly create more ambiguity. Zp'ers are more positive about the 'hourly rate' criterion. Over 48% respond optimistically and mainly feel that the low hourly rate provides protection. Of the negative and neutral responses, most self-employed people think that the set upper limit of €75 should be lowered.

Mike Korenvaar, Chief Financial Officer at HeadFirst, responds, "With this opinion monitor we have mapped out how self-employed people think about the plans. If politicians are wise, they will take the opinion of the market seriously and not make the same mistakes when working out new legislation as they did with the DBA Act." Korenvaar continues: "Sham self-employment must be tackled, everyone agrees on that, but that should not have a negative impact on the top end of the market. There, clients, self-employed workers and intermediaries must be able to do business with each other freely and with certainty."

Need is high

The government recognizes the need for a solution to the DBA Act. On January 24, a meeting on the future of the law will take place at the Ministry of Finance. Here, Minister of Social Affairs and Employment Wouter Koolmees, State Secretary of Finance Menno Snel and State Secretary of Economic Affairs and Climate Mona Keijzer will enter into discussion with market parties. Here ONL voor Ondernemers presents its plans for a practical solution. Hans Biesheuvel: "The legal frameworks that determine whether someone is self-employed or an employee are outdated. The law and tax regulations must be adjusted to do justice to the growing group of self-employed people. Until that time, we need a practical solution that can be introduced in the short term and removes the unrest."

The fact sheet with all the results of the Wet DBA Opiniemonitor is available for free download at dbafeedback.nl.

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More information for the press:

HeadFirst Source Group N.V.
Bart van der Geest
T: 0615899574
E: bart.vandergeest@headfirst.nl

ONL for Entrepreneurs
Djoeke Altena
T: 0610150046
E: d.altena@onl.nl

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About ONL for Entrepreneurs

ONL voor Ondernemers is the entrepreneurial organization of the Netherlands with only one interest: making the voice of entrepreneurs heard. This means that entrepreneurs set our agenda and we take action. Working together to make the Netherlands more entrepreneurial, that is ONL's goal. We do this by lobbying, raising problems and proposing solutions for issues that affect entrepreneurs. Examples of these issues are the DBA Act, the Employment and Security Act, late payments and interest rate derivatives. For more information see www.onl.nl.

About ZP Matters

ZP Zaken supports the independent professional (zp'er). With customized products and services and its own way of providing information that suits the consciously independent and always professional entrepreneur. By offering support in all areas, from training to insurance and from assignments to network meetings, the self-employed person can once again focus on what it is all about: doing business. ZP Zaken is the umbrella organization of the labels: ZP Control, ZP Academy, ZP Facts, ZP Vraagbaak, ZP Radio and ZP Golf. For more information see www.zpzaken.nl.

It will take at least another two years before there will be clarity about when you can and cannot work as a self-employed person. That is what Minister Wouter Koolmees of Social Affairs and Employment told BNR Nieuwsradio. 'Such major adjustments require changes in the law and adjustments in implementation and enforcement. It is already an ambitious goal to aim for January 1, 2020.'

'Zzp market split into three from 2020'
The zzp market will be split into three from 2020. Koolmees lists the options. 'Namely 1) the client declaration, 2) the opt-out and 3) mandatory employment contract for certain groups with a low rate.' For the middle group there will be some kind of declaration, what is now called the entrepreneur declaration. 'Therein lies the crux,' says political reporter Laurens Boven. 'Surely that is the old-fashioned problem again where the assessment must take place whether it is really self-employed or a sham construction. Most of the time now goes into preparing that.'

Note HeadFirst: DBA Act in force until replaced
Until the DBA Act is replaced or amended, the current legislation will remain in force. The date that enforcement of the DBA Act will take effect is currently set for July 1, 2018. From then on, the Tax Authorities will take action against some obviously "malicious people. It is not illogical that in the run-up to this date a decision will be made to further postpone the July 1, 2018 deadline in order to keep the peace in the flexible labor market until more is clear about the replacement of the DBA Act. Should this be the case, you will of course read about it on this website.

The Rutte III administration's coalition agreement announced the replacement of the Deregulation Assessment of Labor Relations Act (Wet DBA). In its place should come a differentiated system, where different types of self-employed get their own approach. HeadFirst provides insight into the current plans.