"If employees with all their diversity can be represented in politics and polder, why shouldn't the self-employed with all their diversity?" The president of the Association of the Self-Employed in the Netherlands (VZN), Cristel van de Ven, looks back on an eventful year, in which the position of the self-employed has been called into question by the expiration of the enforcement moratorium, while at important tables in The Hague there is still too often insufficient zzp representation. She is positive about the growing role of VZN in the polder, but stresses that it is time to structurally involve zzp'ers in serious discussions about labor market reform. "Politicians and the polder must realize that zzp'ers are not going away anymore. We have 1.6 million self-employed people in the Netherlands, and they deserve a permanent place at ALL tables where they are discussed and decided upon." In conversation with Sem Overduin of HeadFirst Group, she reflects on the challenges of 2024 and her expectations for 2025.

Cristel, 2024 was a hectic year, especially for VZN. How do you look back on the past year regarding the zzp file?

This was certainly a hectic and dynamic year. Especially from the summer onward, things started moving more and more. The year still started rather "slowly," with the wait for a new cabinet and what this new cabinet would include in the outline agreement on the labor market and the self-employed. Just before the outgoing cabinet transitioned into a new one, there was still a lot going on, such as the bill Verduidelijking Beoordeling Arbeidsrelaties en Rechtsvermoeden (VBAR), which was sent to the Council of State just before the summer. This, combined with the Internet consultation for the Basic Disability Insurance for the Self-Employed (BAZ) Act, led to a turnaround last summer. We went from relatively quiet to super busy. After the summer, there was also increasing news coverage of the lifting of the enforcement moratorium, and that caused quite a stir in the market. Both clients and the self-employed had questions, and as a result you noticed that this subject was becoming more and more widespread in society.

So has the phone been ringing red hot at VZN in recent months?

Absolutely, we notice at VZN that questions are coming in from all sorts of angles. These are mostly very personal questions about whether certain labor constructions and collaborations with a client will still be possible from January 1, 2025. We forward these to our members. Many of our members currently have a jam-packed mailbox and receive many phone calls every day. They listen to the questions of self-employed people about their way of working together and then try to give advice. What we also see is that there are so many sources of information that people just can't see the wood for the trees. Clients often don't know where to look for it either, and that adds to the turmoil. Unfortunately, there are still far too many ghost stories going around.

VZN represents the interests of more than 120,000 self-employed people. What role do you play in the polder?

Since our founding in 2020, we have made great strides. Our role is primarily to coordinate the voice of the self-employed. We translate this into a clear message towards politics and polder. This is going better and better. It is a boost that there are seats in the SER that are really earmarked for the self-employed. As a result, we are invited more quickly to relevant consultations. At the same time, we are still far from where we want to be. Unfortunately, in important political negotiations about the labor market or the economy, self-employed organizations are still too often overlooked. In part this is because many politicians and civil servants have not been self-employed themselves. As a result, there is less affinity with this group of workers. Moreover, in the polder and in politics there is still a certain fear of major changes in the labor market. And existing parties cling to their positions. That makes it difficult to really get our ideas across.

It is often said that the group of self-employed people is too diverse and that it is therefore difficult to speak of a 'unified self-employed sound'. How do you view this?

I know that argument and I think it's a fallacy. Just look at employees, there is at least as much diversity there. Surely VNO-NCW, MKB-Nederland, ONL and the trade unions also represent numerous sectors and different types of employers and employees? Why should it be any different for the self-employed? At VZN, we actually try to look for the common denominator for all self-employed people. I think this argument is often used to keep the self-employed out. Because let's face it; if another party comes to the table, then surely you have to share the influence you have more. In doing so, zzp'ers also show where the labor market pinches. The growth in the number of self-employed workers is partly due to the lack of flexibility within some collective bargaining agreements and because some employers have not had such a people-oriented personnel policy in recent years. Some established parties find that difficult to hear, because it forces them to take a critical look at their own role. At the same time, we as self-employed organizations sometimes have to step over our own shadow for the sake of cooperation. That is difficult, I understand. There are still groups of self-employed people who prefer not to unite in an umbrella organization like VZN, because they are unique in their kind. And that's true, of course. Each professional group has its own unique characteristics. Nevertheless, I call on self-employed workers' advocates to cooperate. Because if we cooperate on the points where we do agree, and there are many, we can make a more powerful fist. Together we really are stronger than every man for himself, is my conviction. And through good consultation, you can combine many interests. The past few years have taught me that.

What did you think of the political debates on the zzp file this year?

You notice that politicians have to start from scratch again. This is understandable, because the zzp dossier is complicated and there has been a huge changing of the guard in the Lower House. There are a lot of new people on the zzp file. I see that most MPs are now breaking into this file, but that also takes time. A MP like Thierry Aartsen (VVD) has been around longer. He really wants to work for the situation of the self-employed. The BBB is also making itself heard for the self-employed. At the NSC there was a MP on the zzp file with a lot of entrepreneurial experience, but Tjebbe van Oostenbruggen recently became State Secretary. I hope that all MPs also get - and take - enough time to master this dossier. I am a bit skeptical about that. This could have a big impact on the depth of the discussion. Fairly recently we had a good conversation with Minister Van Hijum. He is genuinely interested in the zzp perspective. He is sharp and asks good questions. But I see it as a missed opportunity that the coalition agreement paid so little attention to the labor market and the self-employed. The policy of the previous administration was simply continued and the approach is pretty classic: the permanent job is the norm. That is out of date. Sticking a past solution on a current problem. That's not going to work.

How do you view the VBAR, especially after the critical opinion of the Council of State? Where are your concerns?

The opinion of the Council of State was heartening for us. Back in the fall of 2023, we came up with a solid response to the Internet consultation. Many of our concerns I read back into this opinion. The section on clarifying the employment relationship is not going to provide clarity and the entrepreneurship of the individual is secondary. At VZN, we advocate for a modern approach that incorporates individual entrepreneurship much more. The growth in the number of freelancers shows that the classic model no longer works. It is time to recognize that we cannot put the genie back in the bottle. We need to move toward a system where all working people have some arrangement for disability, old-age provision and also education. If you as a self-employed person want to take advantage of the entrepreneurial facilities that we have, then you can link it to that, so that you will then actually arrange those other things for yourself. For example, by creating a business buffer from which you hedge your entrepreneurial and social risks. This is how you stimulate sustainable self-employment. That is something from which people and society both benefit. Defining employment and entrepreneurship to the letter, as the minister is now trying to do, is not going to work. Instead, start organizing all the preconditions around it properly. And tackle the issue of social security. Make sure it is no longer merely linked to employment. That is forward-looking.

What was your highlight of this year?

Good question, but actually I don't have a concrete highlight. There is a lot of movement, but few concrete results yet. Maybe then the State Council's opinion on the VBAR. For me, that is a bright spot. It does away with wishful thinking and puts its finger on the sore spot.

And a low point?

That this same VBAR, despite all the warnings and criticism, is being sent to the House anyway. At the last minute, Van Gennip pushed the bill through to the Council of State. Then comes a critical opinion and yet it is pushed through again. Frankly, I find that a low point. Not only self-employed persons' interest groups are critical; numerous points for improvement have also been put forward by scientists and other industry associations. So why is the bill being pushed through anyway?* And another low point is that the criteria that are used in the approach to false self-employment are still too unclear for many clients. As a result, even genuine self-employed workers are now losing their assignments. They see their income evaporate before 2025. Very bad. The government should focus on distressing false self-employment, at the bottom of the labor market. Now they are shooting with a cannon at a gnat. It remains to be seen whether they are hitting the mosquito. But in any case, they also hit all sorts of other birds flying around, which we very much need for dynamism in the labor market and in our economy and which, according to the rules, will be allowed to continue flying around next year.

What do you expect from 2025 regarding the labor market and self-employment issue?

I expect a lot of hassle in the first few months, especially around enforcement. It's really not going to work to get all those self-employed people back into salaried employment. They don't want it. And I fear that the temp and secondment constructions that are coming up now are going to lead to even higher personnel costs. We wake up on January 1 on a waterbed. The flex signs have been moved here and there but the permanent contract has still not begun to take off, because both many clients and workers no longer want it. Eventually we will have to recognize the need for flexibility and autonomy. That will hopefully open the door to a broader discussion about how we are going to organize the labor market differently. I hope we will have that fundamental discussion together in 2025. How we can really work on a different system with a full role and position of the self-employed in this future-oriented labor market.

*Minister van Hijum (SZW) made a commitment during the Social Affairs and Employment budget debate to "take another good look" at the VBAR. Earlier, Van Hijum had intended to send the bill to the Lower House this year, but indicated that he was still waiting for the Supreme Court to answer preliminary questions in the Uber/FNV case. This has changed between the interview and publication dates.

*This interview is part of a series, in which in recent weeks the Public Affairs team has interviewed several experts closely involved in issues surrounding the self-employed and the labor market. The series consists of six interviews, which will be published in the coming weeks.

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Sem Overduin
Public Policy & Affairs Manager
Sem.Overduin@headfirst.nl

Oifik Youssefi
Public Affairs Officer
Oifik.Youssefi@headfirst.nl

Maaike van Driel
Head of Legal
Maaike.vanDriel@headfirst.group

Thomas ten Veldhuijs
Senior Legal Counsel
Thomas.tenVeldhuijs@headfirst.nl