Contract neutrality as a solution to bogus self-employment? Not without far-reaching consequences

On 26 March 2026, CHRO.nl published a contribution by our founding partner Joost van Ladesteijn on contract neutrality. The idea: the same protection for every worker, regardless of the contract. Is that the silver bullet for bogus self-employment?

What is it about?

The draft 'Wetboek van Werk 2025' aims for workers' protection no longer to depend on the type of contract. Joost calls that a noble goal, but points to the consequences: contract neutrality affects the freedom of contract and the freedom to conduct a business of all parties, including those who do not need or want social protection. It may also clash with the EU freedom to provide services, where restrictions must be suitable, necessary and proportionate.

The alternative

According to Joost, the existing system has mainly been neglected. He argues for more targeted policy, for example by decoupling the tax withholding obligation from the civil-law employment contract, and for policy informed by practical experience.

Practical tips

• Do not wait for a system overhaul: the test remains whether the agreement is an employment contract within the meaning of Article 7:610 of the Dutch Civil Code.

• Record per assignment what the parties agreed and how the work is carried out.

• Follow legislative developments, but base your choices on current law and Supreme Court case law.

Source: CHRO.nl (in Dutch). More in our knowledge base on bogus self-employment. Questions? Contact us.

This blog provides general information and is not legal advice. For advice on a specific situation, please contact us.