Last Thursday, Parliamentary questions about enforcement of the DBA law were answered by Minister Van Gennip and on Thursday, June 30, the SZW Committee will debate the zzp dossier. Ahead of this, ZiPconomy published the report "Employee, unless... 8 variants for replacing the DBA law.

A clear overview of all the different proposals made in recent years to replace the DBA law. More importantly, the pros and cons and consequences for the self-employed and clients are detailed. By combining these insights with the correct facts and figures about the self-employed, politicians in The Hague can come to a well-considered decision.

Take into account labor market situation

Two elaborated variants, the proposal of the Borstlap Commission and the ABC test from California, have heavy impact on the freedom of self-employed workers and clients. Given the current tight labor market, it is important not to underestimate these impacts. Employers and clients are crying out for talent and are pulling out all the stops to retain the current population.

I completely agree that there should be clear rules and frameworks for when someone can be hired as a self-employed person. However, too rigid rules are not desirable, because practice shows that the form of contract is becoming less and less decisive. It is therefore important to deal carefully with laws and regulations concerning work and not to restrict workers too much in their choices.

Belgian model good alternative

The report also highlights the Belgian model with the Labor Relations Act. In Belgium, the problem of false self-employment is effectively combated by (1) having a clear set of criteria as to whether someone can perform an assignment as a self-employed person, (2) looking more at the aspects of entrepreneurship and (3) having stricter rules in sectors where the risk of underpayment or vulnerable workers is high. This combination of factors works well in Belgium, so it is interesting to see if we can adopt the positive aspects and improve the less good ones in the Netherlands.

And now?

For now, it is not clear what the next step will be from Minister Van Gennip. Before the summer, an outline letter will go to the House of Representatives on the elaboration of the labor market package. Finally, there will be a response to the report of the Court of Audit before the debate on June 30. We are following developments closely and remain in close contact with MPs and policy staff.

The report "Employee unless... 8 variants for the replacements of the DBA law is available for download on the ZiPconomy website.