Does the new self-employment law represent a false promise?
The new Dutch Assessment of Employment Relationships and Legal Presumption Act (known as ‘Vbar’) needs to clarify when someone is considered a self-employed worker and when someone is considered an employee. Stefan Sagel, Professor of Labour Law, has written an op-ed on this in Dutch newspaper ‘de Telegraaf’.
The new law is raising a lot of concern among self-employed workers, who fear they will have no option but to return to salaried employment. Companies, meanwhile, are afraid that they will be penalised for being unable to offer a contract. Professor Sagel believes the new law is not going to work and that it’s important to extend our focus beyond whether ‘work-related or organisational requirements’ are introduced.
A ruling by the Dutch Supreme Court last year states that an employment contract contains individual agreements and hinges on all circumstances. Professor Sagel feels that when all the circumstances are factored in, the outcome can still be difficult to predict. Professor Sagel explains the precise meaning of ‘all circumstances’ in his op-ed.
More information
Read the full op-ed in de Telegraaf (in Dutch, €)
Information (in Dutch) on the Dutch Assessment of Employment Relationships and Legal Presumption (Clarification) Act (Vbar) is available here
Photo: Scott Graham through Unsplash