LLU on the Self-Employed Persons Act: a serious attempt, but will the grey areas shrink?
LabourLawUnited (LLU), the partnership of the Dutch Association of Employment Lawyers (VAAN), the Dutch Association of Young Employment Lawyers (VJAA) and the Dutch Employment Law Association (VvA), has submitted a joint 23-page response to the public consultation on the draft Self-Employed Persons Act (Zelfstandigenwet). The consultation closed on 29 October 2026; the response was widely shared on 30 October.
A serious attempt, open questions
The authors see the proposal as a serious attempt to arrive at an appropriate approach to the classification problem. At the same time, they question whether the grey areas between contractors and employees will actually become smaller.
The main points of attention
The response discusses, among other things:
the Deliveroo criteria as a 'proxy' for the safe harbour;
what counts as a client for the minimum number of clients;
leaving the minimum amount for provisions and the basic conditions to be set by order in council, which according to the authors creates legal uncertainty;
making certain business insurances mandatory, which the authors describe as, in a sense, an infringement of the freedom to conduct a business;
demonstrating that the self-employment test has been met, and how that relates to the GDPR.
Outside the safe harbour, the question stays the same
Anyone outside the safe harbour faces the same question as today: is the agreement, after interpretation and classification, an employment contract within the meaning of Article 7:610 of the Dutch Civil Code? That framework follows from the case law of the Dutch Supreme Court, including HR 24 March 2023, ECLI:NL:HR:2023:443. Also read our Insight on the advice of the Netherlands Bar.
Practical tips
Do not wait for the Act: assess existing engagements now against the framework of Article 7:610 of the Dutch Civil Code.
Record for each assignment how the work is actually performed; actual performance counts in classifying the agreement.
Follow the legislative process: the consultation responses may still lead to changes to the safe harbour and the details to be set by order in council.
Read more on this topic in our knowledge base. Do you engage self-employed contractors? Try the ZZP-inhuurscan (in Dutch). Questions about your own situation? Contact us.
This blog provides general information and is not legal advice. For advice on a specific situation, please contact us.
