{"id":5879,"date":"2025-07-11T06:32:15","date_gmt":"2025-07-11T03:32:15","guid":{"rendered":"https:\/\/arbeidsadvocaat.nl\/self-employed-or-employee-new-court-ruling-provides-clarity\/"},"modified":"2026-08-16T15:44:53","modified_gmt":"2026-08-16T12:44:53","slug":"self-employed-or-employee-new-court-ruling-provides-clarity","status":"publish","type":"post","link":"https:\/\/arbeidsadvocaat.nl\/en\/self-employed-or-employee-new-court-ruling-provides-clarity\/","title":{"rendered":"Self-Employed or Employee? New Court Ruling Provides Clarity"},"content":{"rendered":"\n

The debate over the legal status of self-employed individuals without employees (zzp\u2019ers) is more relevant than ever. Starting January 1, 2025, the Tax and Customs Administration will once again actively enforce regulations against bogus self-employment. In the meantime, employers and clients must rely on existing legislation and case law. And that case law now offers clear guidance. In this blog, we discuss two recent cases in which judges ruled on whether a relationship constituted an employment contract or self-employment. We also briefly highlight the key takeaways from the Supreme Court\u2019s Deliveroo ruling<\/a>. <\/p>\n\n

Nail Technician with Entrepreneurial Freedom<\/strong><\/h4>\n\n

The first case involved a nail technician who had registered with the Chamber of Commerce and worked independently at a beauty salon. She issued invoices with VAT and arranged her own vacations and work hours. When the working relationship ended, she argued that it was, in fact, an employment contract rather than a self-employment arrangement and sought fair compensation for wrongful termination. <\/p>\n\n

The judge ruled that there was no employment contract. The woman had entrepreneurial freedom: she was not required to work at fixed times, was allowed to serve her own customers, and was responsible for her own record-keeping. The fact that she wore company uniforms did not alter this conclusion. There was no wage in the legal sense, nor was there a relationship of authority. In doing so, the judge correctly applied the principle established in the Deliveroo ruling: all circumstances of the case are decisive, not merely how the parties characterize their collaboration. <\/p>\n\n

Vacation Park Managers: Not Self-Employed Despite Verbal Agreement<\/strong><\/h4>\n\n

In another case,<\/a> the judge reached a completely different conclusion. Two managers of a vacation park claimed they were entitled to severance pay upon the termination of their employment. The employer argued that they were not employees, but self-employed individuals without an employment contract. Nevertheless, the labor court judge awarded the compensation. Why? <\/p>\n\n

The facts of the case showed that the managers were not free to determine their own working hours or job responsibilities. They were required to be present every day, worked according to instructions from an operations manager, and could not arrange for a substitute. They also drove a company car, lived in company housing, and bore no financial risk. Furthermore, they did not have a VAT number and were not registered with the Chamber of Commerce. In short: all the classic characteristics of employment were present. The court concluded that an employment contract did exist and that the individuals were not self-employed. <\/p>\n\n

What does the Supreme Court say in the Deliveroo ruling?<\/strong><\/h4>\n\n

The Deliveroo ruling<\/a> remains the legal benchmark in cases of doubt. In this ruling, the Supreme Court reiterated that the classification of an employment contract is not determined by the parties\u2019 intent, but by the actual performance of the agreements. There are three key criteria: work, compensation, and supervision. If these elements are met, an employment contract exists rather than a self-employed arrangement, regardless of the legal form the parties choose to give it. <\/p>\n\n

The Supreme Court emphasized that even when there is a great deal of freedom (such as the freedom to refuse assignments or to arrange for a replacement), a relationship of authority may still exist. This is certainly the case when the client provides substantive instructions, monitors workers through digital systems, or has full control over payment. In the Deliveroo case, factors that were taken into account included the fact that delivery drivers worked through an app that tracked them, awarded them bonuses, and that customers viewed them as part of the platform. <\/p>\n\n

Conclusion: Look Beyond the Agreement<\/strong><\/h4>\n\n

The distinction between self-employment and employment is determined by actual practice. A Chamber of Commerce registration and invoices with VAT are not sufficient to establish self-employment. Nor is the freedom to set one\u2019s own working hours a decisive factor. Consider factors such as replaceability, entrepreneurial risk, integration into the organization, and the authority to issue instructions. All circumstances of the case must be weighed together. <\/p>\n\n

For clients: Do you really want to work with self-employed professionals? If so, make sure their working conditions are actually suited to self-employment. And if you\u2019re unsure, seek advice before signing a contract. The costs of \u201ccleaning up the mess\u201d afterward are often much higher. <\/p>\n\n

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This blog was written by Stijn Blom, Esq., an employment law attorney at Arbeidsadvocaat.nl B.V. Stijn has extensive experience in employment law and assists employers and employees on a daily basis with a wide range of employment law issues. From dismissal cases to drafting watertight contracts and policies\u2014with his practical and personalized approach, he helps employers and employees move forward. Want to learn more? Visit Stijn\u2019s page<\/a>. <\/p>\n\n

Arbeidsadvocaat.nl is happy to help you if you have any questions about self-employed professionals. Please feel free to contact us <\/a>. <\/p>\n\n

April 2025<\/em><\/p>\n","protected":false},"excerpt":{"rendered":"

The debate over the legal status of self-employed individuals without employees (zzp\u2019ers) is more relevant than ever. Starting January 1, 2025, the Tax and Customs Administration will once again actively enforce regulations against bogus self-employment. In the meantime, employers and clients must rely on existing legislation and case law. And that case law now offers […]<\/p>\n","protected":false},"author":8,"featured_media":5881,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"inline_featured_image":false,"navigation_state":true,"_joinchat":[],"footnotes":""},"categories":[26],"tags":[],"class_list":["post-5879","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-exclude"],"_links":{"self":[{"href":"https:\/\/arbeidsadvocaat.nl\/en\/wp-json\/wp\/v2\/posts\/5879","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/arbeidsadvocaat.nl\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/arbeidsadvocaat.nl\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/arbeidsadvocaat.nl\/en\/wp-json\/wp\/v2\/users\/8"}],"replies":[{"embeddable":true,"href":"https:\/\/arbeidsadvocaat.nl\/en\/wp-json\/wp\/v2\/comments?post=5879"}],"version-history":[{"count":0,"href":"https:\/\/arbeidsadvocaat.nl\/en\/wp-json\/wp\/v2\/posts\/5879\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/arbeidsadvocaat.nl\/en\/wp-json\/wp\/v2\/media\/5881"}],"wp:attachment":[{"href":"https:\/\/arbeidsadvocaat.nl\/en\/wp-json\/wp\/v2\/media?parent=5879"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/arbeidsadvocaat.nl\/en\/wp-json\/wp\/v2\/categories?post=5879"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/arbeidsadvocaat.nl\/en\/wp-json\/wp\/v2\/tags?post=5879"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}