Are you really a self-employed person? Or actually an employee?
As a self-employed person, you are basically your own boss. You decide your own working hours, clients and rates. You send invoices for your services and you are responsible for your own taxes and insurance. On the other hand, as an employee, you have an employment contract, get paid every month, are entitled to vacation days, vacation pay and often other benefits such as a pension plan. And you are entitled to continued pay during illness.
Deliveroo
You may have heard of the Deliveroo ruling. The highest court in the Netherlands agreed with union FNV that Deliveroo's delivery drivers were actually bogus self-employed workers, i.e. fake self-employed workers. The way the delivery drivers worked was much more in line with an employment contract, where you are under the authority of an employer, than with being self-employed. Therefore, it was ruled that the delivery drivers had an employment contract.
Why is the difference so important?
The consequences of such a ruling are huge. As an employee you do have the right to protection against dismissal, wages during illness, unemployment benefits and often also a pension. If a client like Deliveroo suddenly turns out to be an employer, all kinds of taxes still have to be paid. What I see more and more is that freelancers go to court with the view that they are actually just employees. For example, if their client ends the cooperation. If you as a self-employed person are not actually a real entrepreneur and your work is also embedded in your client's company, it is sometimes possible that it will be ruled that you are actually just an employee who should not have been fired.
This blog was written by Mr. Stijn Blom, employment lawyer at Arbeidsadvocaat.nl B.V. Stijn has extensive experience in employment law and assists entrepreneurs daily with a wide range of employment-related matters. From dismissal cases to drafting watertight contracts and policies – with his practical and personal approach, he helps employers and employees move forward. Want to know more?Visit Stijn's page.
Arbeidsadvocaat.nl is happy to think with you if you have questions about the qualification of a zzp- or employment contract. Please feel free to contact us.
June 2024
