On 3 April, a new legislative proposal by the political parties VVD, D66, CDA and SGP was published for consultation. It aims to bring long-awaited clarity to the legal status of self-employed individuals in the Netherlands. It partially replaces a previous proposal by the Dutch government (Wet verduidelijking beoordeling arbeidsrelaties en rechtsvermoeden; WVBAR) which addresses similar issues but had been subject to criticism from some stakeholders, including the Dutch Council of State. The political parties submitting the new legislative proposal believe it provides for a clearer framework than the WVBAR for determining the legal status of a working relationship.
Like many other countries, The Netherlands has long struggled with the grey area between employment and self-employment. Recent rulings from the Dutch Supreme Court emphasize that the key criteria for classifying employment relationships — including the distinction between employees and the self-employed – remain primarily a legislative matter. Indeed, issues such as whether to further define what it means to be “in service of” someone, how deeply the work is embedded within an organization, or whether to introduce legal presumptions (for example, based on remuneration levels) are all currently being considered by both Dutch and European lawmakers. The Supreme Court made it clear that no further judicial developments in this area are appropriate at this time, signaling a clear need for legislative action rather than court rulings to clarify and regulate these matters.