Last Thursday, the House of Representatives met for the last time just before the summer recess to debate outgoing State Secretary Vijlbrief (Finance). Around midnight, MP Pieter Grinwis (ChristenUnie) tabled a motion asking the cabinet to provide more clarity on the enforcement moratorium - the period of limited enforcement - and the DBA law in the near future. With a large majority in favor of the motion, the House signaled its support for the content of the motion and its desire to first have a "reasonable and enforceable alternative to the DBA Act" before starting enforcement on false self-employment. Vijlbrief wanted to clarify something on this: "The enforcement moratorium does not end in October. It runs at least until October and then we will see what we will do." This echoes that the limited enforcement will be extended until there is clarity on an alternative to the DBA law, a reassurance for clients, self-employed workers and intermediaries.
Unrest in media
In recent weeks, several reports appeared in the press about ambiguity surrounding the DBA law. ZZP Nederland and PZO sent a fire letter to Vijlbrief on June 17 to make a decision on the enforcement moratorium in the short term. Research by HeadFirst Group also showed that, because of the approaching end of the enforcement moratorium, clients started to act risk-averse and looked more critically at the hiring of independent professionals, thereby terminating assignments of self-employed professionals prematurely and making it increasingly difficult for self-employed professionals to find assignments. This unrest and uncertainty - especially now that the Dutch economy is back in the starting blocks - is far from desirable, for self-employed professionals, clients and intermediaries alike.
Good move by Vijlbrief
In any case, the enforcement moratorium of the DBA law will not expire on October 1, 2021. The government intends to wait for the results of the web module pilot before making a decision on the enforcement moratorium and the introduction of new laws and regulations. This is in line with the earlier progress letter "Working as a self-employed person," which indicated that "the phasing out of the enforcement moratorium will be linked to the introduction of new legislation, which provides more clarity about the nature of the employment relationship. The market will also be given sufficient time to get used to new measures.'
We are still waiting for a clear and enforceable alternative to the DBA law, but for now we are pleased that the Secretary of State has received the signals and has taken this decision. Han Kolff, CEO at HeadFirst Group, is satisfied and relieved: "From signals we received from clients and freelancers it became clear that people were really ready for clarity and decision making from The Hague. Our research emphasized this with facts and figures. It is a wise choice that the enforcement moratorium remains in place until more is clear about the results of the web module pilot and replacement legislation for the DBA law. This gives the market more time to get used to new measures, gives zzp'ers more certainty to do business and gives politicians time to consider how best to proceed with enforcement. Great that this peace is being created and that we can start building new laws and regulations together."