Supreme Court: entrepreneurship is full criterion in assessing an employment relationship. What does this mean for the VBAR?

The VBAR has long been the subject of debate, with strong criticism that the criterion entrepreneurship 'second-rate' is with respect to the criteria that indicate an employment contract. In the internet consultation (2023) citizens expressed serious concerns about the technical feasibility of the VBAR. Under the current system, the characteristics of employment and the degree of self-employment within the employment relationship. Only then are the entrepreneurial criteria that oversee the person himself (the so-called OP criteria) considered.

The Council of State in November 2024 already gave a critical reflection on the bill, concluding that the VBAR in its current form is not solution for the problems that the government want to solve and that the 'codifying valid law' not for greater clarity will provide. Furthermore, several experts in the field of labor law who previously critical have been critical of the VBAR. Thus argued professor labor law Stefan Sagel that in the current format of the VBAR the entrepreneurial criteria inappropriately wrongly subordinate are gemaakt at with respect to the criteria which belong to the employee status. Also Joost van Ladesteijn, lawyer labor law and partner at Vertex Legal, has on several occasions highlighted brought that 'the external entrepreneurship a full viewpoint is' and that there is "no rank exists between the different viewpoints and criteria when assessing an employment relationship'.