The Dutch government is advancing legislative changes impacting the country’s self-employed workforce,focusing on clarifying contractor classifications and bolstering social protections. Plans include dismantling portions of the proposed Law Clarifying Assessment of Employment Relationships and Presumption (VBAR) while simultaneously pursuing the Self-Employed Persons Act, a framework offering sector-specific presumptions and an advance ruling committee. Alongside these measures, the government is preparing a mandatory disability insurance scheme for self-employed individuals, the BAZ, with provisions for opting into private coverage. These developments signal a shift in approach toward autonomous work, prioritizing both adaptability and security in a rapidly evolving labor market.
The new Dutch government is charting a new course for independent contractors, with phased legislation aimed at bolstering worker protections.
The initial focus will be a presumption of employment status, making it easier for contractors earning lower hourly rates to claim employee rights. This move addresses concerns about the growing “gig economy” and the potential for worker exploitation.
This represents the “R” component of the current VBAR (Wet Verduidelijking Beoordeling Arbeidsrelaties en Rechtsvermoeden). The clarification portion of the proposal will be scrapped. The legislation will also incorporate sector-specific presumptions and a review committee to provide advance rulings on contractor engagement practices.
Following this, the government intends to implement the Zelfstandigenwet (Self-Employed Persons Act), a bill drafted by the VVD, CDA, and D66, with support from the SGP. The Zelfstandigenwet includes an entrepreneurship test and a work relationship test. The entrepreneurship test requires contractors to establish their own pension plans and secure disability insurance. The work relationship test assesses the degree of freedom in their work arrangements, with criteria considered less stringent than current standards.
Mandatory Disability Insurance
The government is also moving forward with the BAZ (Wet basisverzekering arbeidsongeschiktheid zelfstandigen), a mandatory disability insurance scheme for self-employed individuals administered by the UWV. The plan also includes an opt-out option allowing contractors to choose private insurance coverage as an alternative.
This legislation is already in preparation and could be considered by Parliament in the near term. A key challenge lies in the UWV and the Tax Administration’s stated inability to implement the law in the short term.
Public Sector
The governing coalition also aims to “stimulate people to remain employed in (semi-)public sectors such as healthcare and education. To this end, we will promote good employment practices, including through social innovation,” according to the coalition agreement. This signals a broader effort to stabilize employment in key public service areas.
Not Unexpected
The splitting of the VBAR, the introduction of the Zelfstandigenwet and the continuation of the BAZ are largely anticipated developments. However, with the Self-Employed Persons Act, the three governing parties are clearly adopting a different approach than previous administrations. “A growing number of self-employed workers are part of the modern labor market, where the desire for autonomy is increasing. We want to give this group the space and clarity they deserve,” the government stated.
