Minister of Social Affairs and Employment Karien van Gennip and State Secretary of Finance Marnix van Rij responded last week to two investigations about the lack of enforcement on false self-employment by the Tax Administration. They emphasized that they want to tackle false self-employment "in conjunction". First, the cabinet wants clear rules around the hiring of freelancers, a more level playing field between employees and the self-employed, and research into the consequences of enforcement for controlling agencies. Until there is more clarity, the enforcement moratorium on the DBA law will remain in place.
HeadFirst Group embraces the message of branch organization Bovib (branch organization for intermediaries and brokers), which together with ABU, I-ZO Netherlands, NBBU, RIM and VvDN sent a response to the parliamentary letter on enforcement of the law DBA. We support the ambition to prevent false self-employment and are pleased that the government recognizes the complexity of monitoring distinctions between employment relationships.
Take example of Belgian Labor Relations Act
One of the suggestions described: consider the Belgian Labor Relations Act as a serious option. In the structure of this law, the labor relationship is assessed on criteria specific to the situation where a worker is hired by a client. In this way, more clarity is created, without amending labor law and without affecting workers' rights. Such a structure fits with the fact that the nature of the employment relationship does not depend on one criterion (such as authority relationship), but several in conjunction (for example, also the nature of the assignment, sector or specialty of the worker). Moreover, self-employed workers who, for example, sell products or provide services to individuals (together about half of all self-employed workers) are not affected by this solution.
A setup like the Belgian Labor Relations Act also removes the current objections to the web module. This is because this tool now too often does not provide a definitive answer and does not take into account contextual circumstances surrounding entrepreneurship. Furthermore, the web module is currently not suitable for situations where self-employed persons work from a PLC or through an intermediary.
Meanwhile, the labor market and zzp-dossier gets all the attention in The Hague, with yesterday a debate and today a letter from Minister Van Gennip. HeadFirst Group follows it closely and likes to think along about the assessment criteria, further implementation and enforcement on false self-employment. A well functioning labor market is in all our interests.