Do you have questions about bogus self-employment? Good news, there are legal steps you can take. Bogus self-employment is a problem where the line between employment and self-employment becomes blurred.
Legal intervention starts with checking your employment contract. Is there really independence? Look at the terms: do you have freedom in how you work, or does it seem more like a permanent employment contract?
If the characteristics of an employment relationship predominate, the Tax Authorities or a judge can be called in. Test contracts against the law? That is your right. Protect your position and act against hidden employment relationships.
Legal approach to bogus self-employment
Self-employment is a situation in which someone is formally self-employed, but in practice works under conditions that are more similar to those of an employee. This can lead to problems with the tax authorities and labor law. Are you concerned about your status as an independent professional or do you work with freelancers and do you want to prevent bogus constructions? Here are the steps you can take.
Reassess employment relationship
Start by carefully assessing your employment relationship. This will help you determine whether you are truly self-employed.
- Authority relationship: Is there a relationship of authority between you and the client?
- Personal obligation: Do you have to do the work personally or can you send a replacement?
- Business risk: Are you actually taking entrepreneurial risks?
- Negotiating position: Can you set your own rates and negotiate contract terms?
Using the model agreement
The Tax Authorities have made model agreements available that provide certainty about the working relationship. By using an approved model agreement, you reduce the risk of false self-employment.
Take legal action
If you have any doubts about your position, you can take legal action:
- Seek advice: Ask an employment lawyer to review your contracts and working conditions.
- To object: If the Tax Authorities decide that there is an employment relationship, you can appeal against this decision.
- Start trial process: In some cases, initiating a test case can provide clarity about your legal position.
- Employment contract requirements: If you actually function as an employee, you can enforce through the court that your client treats you as such.
Testing and clarifying clientship
As a client, it is wise to check whether you are not hiring bogus self-employed persons:
- Testing working relationship: Evaluate the working relationship using the Tax Authorities' criteria.
- Make clear agreements: Draw up a contract that clearly confirms the freelancer's independence.
- Adjust method: Make sure that the way you work with freelancers also radiates independence in practice.
- Maintaining administration: Keep careful records of contractual agreements and work execution.
Checking and complying with legislation
Stay informed of changes in legislation surrounding self-employment. Compliance with the DBA law is essential to prevent problems.
Prevent risks with a professional ZZP website
A professional website underlines your independence and contributes to your brand as an independent entrepreneur. At Flexamedia we understand that and we offer a complete zzp website package that is specially designed to reduce your risk of false self-employment. Present yourself online as the independent professional that you are and claim your complete zzp website package now.
By taking the right legal steps and strengthening your online presence, you will stand strong in your independence and avoid problems with false self-employment.
Frequently asked questions
How do you recognise false self-employment and what legal steps can you take?
You recognize false self-employment if you formally work as a self-employed person, but in practice it seems as if you are an employee. This often occurs with unclear contracts or if you are hierarchically subordinate to your client. If you notice this, it is wise to first test your agreements against the DBA law. The legal step you can take is to request an assessment of your employment relationship from the Tax Authorities. They can make a statement about the nature of the collaboration.
If the Tax Authorities decide that there is an employment relationship, you can demand reinstatement of employee rights. This means, for example, obtaining wage protection and social security. Sometimes this even means that you can claim rights retroactively. It may be advisable to engage a legal advisor who can help you take the right steps.
As a contractor, can I object to bogus self-employment and how do I deal with this?
As a contractor, you can object to bogus self-employment by first discussing it with your client. Present your concerns and discuss how the employment relationship can be brought more into line with real self-employment. If your efforts seem fruitless, you can consider legal action. Collected evidence of your working relationship is crucial in this.
One possible step is to file a complaint with the Inspectorate SZW (Social Affairs and Employment) if you suspect that violations of the law are taking place. In addition, you can start a case with the subdistrict court to formally establish your status as an employee. Support from an employment law attorney is recommended to strengthen your position.
What are the consequences of tackling false self-employment for my income and working relationship?
Tackling bogus self-employment can have consequences for your income and working relationship. If your employee status is recognised, you may be entitled to sick pay, holidays and pension accrual, which can have a positive effect on your income. But be aware that your client may reconsider or terminate the collaboration as a result of this transition.
Exposing bogus self-employment often creates tensions in the working relationship. Communication is key here, and sometimes a compromise is possible that both parties can agree on. Be prepared for lengthy legal processes and ensure that you have built up financial reserves to bridge this period, if possible. Consultation with financial advisors or lawyers can help you make well-considered decisions on this complex matter.
