Last Monday, outgoing Minister Koolmees of Social Affairs and Employment informed the Lower House by means of the seventh progress letter 'Working as a self-employed person'. In this letter special attention was given to the pilot results of the web module, the online tool with which clients can determine whether they can hire a self-employed person for a specific assignment. Within a short period of time, industry associations, zzp-interest groups and trade unions criticized the results. For further decision-making and possible continuation of the web module, the ball is in the new cabinet's court.
HeadFirst Group believes it is unwise to further develop the web module. In an earlier phase of the web module, legal experts already criticized the tool. Now the evaluation of the pilot shows that in 28.4% of the cases the web module cannot give an opinion on the nature of the working relationship. "Unfortunately, the web module does not provide the clarity and clarity that clients and self-employed workers have been asking for for years. A new cabinet would be wise not to further develop the web module. Implement real reforms instead of just sticking band-aids," said Han Kolff.
Current web module not suitable for intervention
In the letter, Koolmees announces that the questionnaire specifically intended for intermediary situations has not yet been completed. This means that the web module is not suitable for self-employed people who work through an intermediary. The most recent Self-Employed Labor Survey shows that about 8% of the self-employed category have assignments or clients through an intermediary. Should the web module actually be introduced, agreement on the content and form of a questionnaire for intermediary situations must first be found in proper consultation with intermediaries and industry associations. The Bovib, the branch organization for intermediaries and brokers to which HeadFirst Group is also affiliated, reports on its own website that the talks with the Ministry of Social Affairs and Employment are proceeding with difficulty.
Time for serious reforms
A new administration must get serious about labor market issues and challenges. "The web module should not create regulatory pressure and uncertainty. The upper end of the flex market, consisting of conscious and autonomous independent entrepreneurs, functions much better if laws and regulations really give room to do business. This group satisfactorily makes clear agreements with clients and intermediaries."
The evaluation of the pilot shows that in certain sectors, such as the hospitality, transport and construction industries, the likelihood of an "indicative employment" outcome is highest. These sectors employ relatively more vulnerable self-employed workers with lower hourly rates. "The SER's advice to enforce hiring agreements below €35 per hour more strictly is a good starting point. Supervision and enforcement should focus on sectors where abusive zzp constructions are used. Trust that at the top of the market there is professional and good cooperation between clients and independent professionals, where intermediaries play a role to work in accordance with laws and regulations."
Finally, Kolff argues for a broad coalition of societal parties to discuss and think about a basic social system for all working people, for example for the consequences of disability. Earlier research by HeadFirst Group has shown support for such a system among independent professionals. "We still embrace the idea of a basic social system for all employed people in the field of disability, as proposed by the Borstlap Commission and the Social Agreement of ONL, VZN and AVV. If we create certainties around the individual rather than the form of contract, then the 'pressure' on the qualification question will decrease." To create a more level playing field between employees and the self-employed, the government has already begun by further and accelerated phasing out the self-employment deduction.