How to proceed with the DBA law? This is a relevant but complicated question that people in The Hague don't immediately have the answer to either. Rutte III's plans to replace the DBA law have not provided the clarity and clarity that the market has been waiting for for quite some time. The self-employment declaration for the top of the market and the minimum rate for the bottom of the market - partly due to a critical internet consultation in the fall of 2019 - have been prematurely defeated. As a consequence, only the web module remains within the zzp dossier. What are the plans for this? And what has happened in recent months?
Web module the only tool remaining
In the sixth progress letter "Working as a self-employed person," outgoing Minister Koolmees announced that he would continue with his plans to develop the web module and roll it out as a pilot. On January 11, 2021, the pilot - which will last about six months - actually started. From then on, clients can fill out the online questionnaire on an anonymous basis to get more clarity on whether they may hire a self-employed person for a particular job. The pilot is intended as an information tool for clients of self-employed workers; they cannot derive any rights from the results during this phase.
What is the web module again?
The Webmodule Beoordeling Arbeidsrelatie (WBA) consists of about forty questions. About the assignment itself, not about the contractor. After completing the questionnaire, there are three possible outcomes:
- It is possible to work outside employment. The web module results in a "principal's declaration.
- Indication of employment. This means that there are several indications that the assignment cannot be performed by a self-employed person. The advice is to employ someone or redesign the assignment.
- No judgment is possible. Based on the answers given, it is not clear whether work is outside employment or employment.
Criticism of web module
In recent months there has been criticism - from various quarters - of the content of the web module. The web module is said to steer too much towards being an employee and indicators of self-employment have been omitted or underexposed. Several MPs have distanced themselves from the web module in its current form. Research by knowledge platform ZiPconomy shows that few clients are enthusiastic about the web module either. Over 30% do not plan to use the web module and about 10% do not even know what the web module is. In addition, it appears that experts and judges come to different judgments when the web module cannot provide certainty.
New cabinet: plans for 2021
Next summer, the outcomes and results of the pilot phase will be evaluated. A new cabinet will then take a decision on the further course of the web module and whether the tool can possibly be converted into legislation. Furthermore, the new cabinet will try to have a broad public conversation with interested parties about possible regulatory bottlenecks. Due to the corona crisis, these talks have come to a standstill and for now there is little movement in them.
Enforcement regarding labor relations will be phased in. October 1, 2021, at the earliest. The Ministry of Social Affairs and Employment has promised to inform the market in a timely manner about decision-making and relevant developments.
Finally, negotiations and consultations are currently underway in The Hague to eventually arrive at a new cabinet. The exact plans regarding the replacement of the DBA law will be discussed at the formation tables. The parties seem unanimous that it is high time for change and reform, but in what way and at what pace; there are different views and opinions. The CDA, PvdA and GroenLinks still see the permanent contract as the norm. D66 wants to reduce the fiscal and social differences between employees and the self-employed and the VVD wants a separate legal status for the self-employed in order to clearly enforce false self-employment. So which plans a measures will eventually make it into the coalition agreement is still a gray area.