Introduction
The distinction between a self-employed person and an employee remains a subject of debate in practice. This blog discusses a recent ruling in which a human resources manager claimed to be an employee, even though he had started as a self-employed worker at a large insurance company. The court had to assess whether there was an employment contract.
The insurer's situation
A large insurance company and a human resources manager initially planned to enter into an employment contract. Due to circumstances, the manager chose to first work as a freelancer for two months, with the idea that an employment contract might still follow after that if there was mutual satisfaction. However, the collaboration did not go as hoped and the insurer decided not to renew the contract.
The Human Resources Manager then went to court arguing that he was an employee from day one and therefore should not be dismissed just like that. He argued that as a self-employed worker, he was doing exactly the same work for which he was originally going to be employed.
Judge's verdict
The subdistrict court in Rotterdam ruled that there was no employment contract. Important circumstances were that the contract lasted only two months, the manager could determine his own working hours, he had taken the initiative to start as a self-employed person, only invoiced the hours worked, and had taken out his own liability insurance. Also in play was the fact that he had been self-employed before.
Moreover, no firm commitment had been made that an employment contract would follow after two months. The agreement was that both parties first wanted to see if the cooperation was satisfactory. Because the insurer did not want to continue with the manager, the zzp'er qualification remained.
Conclusion
Anyone who works temporarily as a self-employed person is not automatically an employee. Important are the agreements, the manner of performance and independence in the work. This ruling confirms that clear agreements and a conscious choice for independence weigh heavily in the assessment.
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 any questions about zzp'ers. Please feel free to contact us .
April 2025
