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Share Your Opinion to Improve
Freelance Laws
There has been a lot of chatter about the changes and more strict enforcement of the VBAR laws surrounding freelance work. With still much confusion and vague applications circling around, the lawmakers have decided to take another crack at it. Their goal is to make the law clearer and more fair, with specific guidelines and testable aspects that make it easier to determine when, for who, and in which situations freelancing is possible.
Rather than just adjusting the VBAR, another proposal is starting to formulate called the Zelfstandigenwet (Self-Employment Act). With the impact these changes will have and the complexity of the topics involved, the legislators have opened up the discussion so that you can share your opinions on the subject as well. Simply click here
to submit your thoughts to help lawmakers understand your perspective and needs as a freelancer or company who works with freelancers.
The form is currently only available in Dutch, so here is a guide to help you submit your responses if you are not yet fluent in the language:
Instructions: Share your opinion by answering four questions. You can choose to type your answers in the space below the questions (under “Uw reactie”) or upload a document with your response. You can also use both the text boxes as well as uploading a document at the end of the questionnaire, for instance to include additional background information.
Do not include personal details or contact information in your responses or any attached documents. You will be asked for your details at the end of the form.
- Question 1: Want to comment on the Self-Employment Act (Zelfstandigenwet)? Then you can submit your response here.
- Question 2: What do you think is a good testable interpretation of the five criteria from the self-employment test?
- Question 3: What do you think is a good testable interpretation of the four criteria from the working relationship test?
- Question 4: Do you consider it necessary and/or desirable to include an additional section of law in case an independent worker does not (fully) meet the criteria in the newly proposed paragraph 2 of BW 7:610? If so, what do you think the design of such a third paragraph should look like? If not, should the criteria in the second paragraph be looked at holistically in such a situation, or does the current legal framework provide sufficient guidance for such a situation?
Click “verder” (next) and upload your document (if desired) ->
Click “verder” (next) ->
Fill in your details according to these instructions:
An e-mail address can only be used once per consultation. After sending your response, a confirmation will be sent to the e-mail address you provide here. This confirmation e-mail contains a link to the consultation website that you must click to confirm your response. This is to prevent abuse of the site. It is therefore important that you enter your e-mail address correctly here.
Anonymously responding to a consultation is not allowed. You should therefore provide your name and place of residence here. Your details will be used to process the submission. More information can be found in internet consultation's privacy statement.
Your response will be published on the government internet consultation website, stating your organization name (if applicable), first name, surname and location. If you do not want your reaction to be published on the site, you can indicate this at the bottom of the form by unchecking “Ik ga er mee akkoord dat mijn reactie op de website wordt gepubliceerd.” (“I agree to my comment being published on the website.”) In that case, your response will not be published subject to the government's responsibility under a statutory information requirement or court order.
Once you have filled in all the information and checked/unchecked your desired preferences, click “verder” (next) one more time. Here you will see a screen with your details and, if everything is correct, you can submit the form by clicking “Inzenden” (send).
We hope this helps and that many will participate so that the laws can be improved and clarified for continued successful freelance collaborations. Good luck!
Additional resources (in Dutch):
Undutchables
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