Firing staff through the UWV and outsourcing the work to self-employed workers is allowed?

As of July 1, 2016, the implementation rules around dismissal for economic reasons have changed (again) on a number of points. One of the changes relates to the dismissal rules that deal with the outsourcing of work by genuine self-employed persons as a result of which the job of an employee with a temporary or permanent contract is lost.

Previously, a VAR had to be submitted to prove self-employment. Since the VAR was abolished as of May 1, 2016, the new requirement is that the employer must demonstrate plausibly that the work is being outsourced to a person who is not working on the basis of an employment contract. This can be demonstrated by means of a (model) agreement approved in advance by the Tax Office and concluded by the parties.

In the absence of an approved (model) agreement, the employer will have to make it plausible in another way that the work is not performed on the basis of an employment contract on the basis of the specific commission contract provided. In addition, the Chamber of Commerce registration number of the ZZP'er must be submitted.

Merely submitting an approved model agreement or assignment contract is not enough. The actual performance must also truly indicate self-employment.

Thus, outsourcing work to a self-employed person and firing employees on temporary or permanent contracts is still possible, but remains regulated.