Still no legal minimum rate for self-employed workers

June 17, 2020

After the previously announced legal minimum rate for self-employed workers by Minister Koolmees, the cabinet decided yesterday to abandon it after all. The self-employed would face too much of an administrative burden as a result. Moreover Does the proposed legislation provide ambiguity and the problem is not really solved.

The statutory minimum proposed rate of 16 euros per hour Koolmees wanted to create to combat false self-employment and underpayment of self-employed workers. It was also proposed to introduce a self-employment declaration for freelancers who charge more than 75 euros per hour.

Web module

The cabinet did decide on a so-called web module launch. This web module Should give clients more certainty when they hire someone. This is because it states whether the Internal Revenue Service will pay the self-employed as a self-employed person or as an employee. That means the employer knows in advance whether or not payroll taxes should be paid and whether there should be deductions for employee insurance.

The initial testing phase of the web module shows:

• That at 25% it is clear that someone is self-employed.
• In 48% of assignments there is likely to have to be an employment contract. In this regard, the zzp'er is seen by the work and the nature of the arrangements as employee.
• In 27 percent the web module is inconclusive because the circumstances of the work here are too specific.

Employee and employer organizations and self-employed workers were able to have their say on the questionnaire and the use of the web module. The web module will be available as a pilot this fall.

Platform Self-Employed Entrepreneurs is critical

The response of the Platform Self-Employed Entrepreneurs (PZO) on the web module is critical. They do not attach much value to the outcomes. Director Margreet Drijvers: "The questions fired at clients are so complicated that clients can hardly answer them. As long as nothing changes in the underlying legislation, determining the employment relationship will always remain complicated." Because even judges rule differently on certain assignments, the expectation is that the web module will not provide certainty either.

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Benefits for zzp intermediaries:

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