If it were up to Thierry Aartsen (VVD), Minister of Labor and Social Inclusion, the government would move quickly to introduce a legal presumption of employee status below a certain hourly rate. Aartsen Aartsen announced on Friday, March 6 to to the House of Representatives. Self-employed workers earning less than 38 euros per hour will then be able to more easily claim to an employment contract. But as is often the case with the self-employed issue, this proposal faces a persistent misunderstanding. On social media, the perception is circulating that there will be a strict cutoff: below 38 euros per hour you are an employee, above that you are by definition a self-employed person. In short: this isn’t true, and it’s important to know why that is.
Why “refutable” is the key word
The legal presumption is therefore rebuttable. This means that the client, in turn, can rebut the presumption by presenting specific facts and circumstances that indicate self-employment.
The judge then considers all the circumstances of the case. These include the degree of authority and supervision, the employee’s organizational placement, the business risk, and the nature and duration of the work.
As noted earlier, the result is that even if the hourly rate is below 38 euros, the individual may still be considered a self-employed person, since the relevant facts and circumstances remain the determining factor in assessing the employment relationship. There is therefore no automatic transition to employee status.
What happens above 38 euros
The finding that you’re “safe” above 38 euros are “safe” as a self-employed person is therefore incorrect. Above that threshold, the legal presumption does not apply. That is basically all there is to it. There is no such thing as a “legalpresumption of independence’. The holistic test – based on the perspectives of the Deliverooruling and the constantly evolving case law – remains exactly the same as. This means that even with higher rates, an employment contract may still exist if the factual circumstances indicate so. The rate is not a decisive criterion, but merely one element among many.
Who is this for?
According to ZiPconomy , a significant number of self-employed professionals work below the 38-euro-per-hour threshold. About 60 percent of all self-employed professionals (if hired at 38 euros per hour) could, in theory, take advantage of this law. This is evident from a calculation by the Ministry of Social Affairs and Employment based on figures from the Self-Employed Labor Survey (ZEA) conducted by CBS and TNO. This applies to sectors where rates are structurally lower, such as agriculture, hospitality, and transportation and warehousing.
At the same time, it appears that many of these workers consciously choose self-employment and do not necessarily wish to claim all the rights and social protections that come with an employment contract. This underscores that the legal presumption is not an obligation, but a legal tool that can be utilized. The legal presumption does not alter the definition of a self-employed person or an employee. Anyone who understands this clearly will see that there is little reason for panic (or misplaced joy in the case of self-employed individuals with higher hourly rates).
On Wednesday, April 15, there will be a debate will take place in the House of Representatives. The House Committee on Social Affairs and Employment will debate the labor market and self-employed workers dossier.
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