The zzp bill that was there to combat false self-employment will not be further developed. Minister Koolmees of Social Affairs and Employment announced this a few weeks ago in a letter to the Lower House. The proposal turned out to be unworkable in practice. However, some of the companies will have to design the working relationship differently if they want to have an assignment performed by a zzp'er.
Minimum rate and self-employment statement
Many employers and unions have recently collectively opposed Social Affairs Minister Koolmees' zzp plans. Koolmees published his draft bill in November 2019, which would require self-employed workers to charge a rate of at least €16 per hour. In addition, there was to be a self-employment declaration for zzp'ers who earn more than €75 per hour. For assignments for longer than a year, such a declaration gives the client and business owner more certainty.
Koolmees received much criticism of the proposal. According to employers and unions, the proposal creates too much of an administrative burden and, in addition, it is questionable whether such a lower limit in the hourly rates of self-employed workers is enforceable and would have the intended effect.
Minister Koolmees therefore announced on June 15, 2020 that he is abandoning a statutory minimum rate for self-employed workers. The self-employed declaration for self-employed workers who charge rates above €75 is also not coming.
Web module zzp
What does remain in Koolmees' self-employed plans is the web module. With this module, an online questionnaire is used to assess the relationship between a self-employed person and a client. After completing the questionnaire, clients can see whether or not it is disguised employment when they hire a self-employed person. Via the web module, companies can obtain a principal's declaration that should indemnify them from additional assessments by the Tax Office. This web module should replace the model contracts from the Deregulation of Assessment of Employment Relations Act. The web module is expected to be available for voluntary use starting this fall in a pilot , so that companies and self-employed workers can prepare themselves.
In short
Criticism from employers and unions of the earlier zzp bill has caused Minister Koolmees to withdraw his bill. The minimum rate and the self-employed declaration are thus off the table. However, the cabinet's efforts in the coming period will still focus on measures in the area of "self-employment. The Cabinet considers it very important to provide more clarity on the qualification of the employment relationship in the short term and to protect vulnerable workers in the labor market. It is expected that the Webmodule zzp can be used this fall (2020) in the form of a pilot. The intention is to introduce the web module thereafter. In any case, this will not be before January 1, 2021.
Of course, we will continue to monitor developments and keep you informed.
If you have any questions about this topic, please feel free to contact us (by phone).
