Friday, October 6, the bill 'clarifying assessment of employment relationships and the legal presumption' was made public through an internet consultation. With this bill, outgoing minister Van Gennip (Social Affairs and Employment) wants to replace the DBA law and further clarify the legislation around 'working in the service of'.

Three criteria for self-employment
The minister aims to achieve this clarification with three criteria:

• Work content management
• Organizational embedding
• Working at your own expense and risk

Together, these three criteria determine whether an assignment can be performed by a self-employed person, or whether it is still an employment contract.

Legal presumption of employment contract
In addition, as part of the overall bill, a legal presumption of employment contract is also introduced under the €32.24 rate. This proposal should strengthen the position of vulnerable workers at the base of the labor market. This is a civil law legal presumption that can be invoked by the worker himself. It is not about a minimum rate, but the legal presumption should make it easier for workers to claim an employment contract. The response to this is generally positive.

Reaction to legislative proposal
As an organization, we have good contact with the major zzp organizations and relevant industry associations (ABU, NBBU, VvDN, Bovib and RIM). On Tuesday, October 10, we met directly to discuss the latest developments. Several zzp organizations have already criticized the bill. HeadFirst Group will also respond to this bill itself, by preparing a position paper. Read our reaction to the bill here.

The Internet consultation runs until November 10, 2023. If the cabinet then sticks to this plan, a discussion in the Lower House will follow. Naturally, we will keep you informed of relevant developments.