Netherlands Bar on the Self-Employed Persons Act: a safe harbour mainly where there is already clarity
On 29 October 2026, the last day of the online consultation, the Netherlands Bar (NOvA) submitted advice on the draft Self-Employed Persons Act (Zelfstandigenwet). The advice was prepared by its Legislative Advisory Committee on Employment Law; the NOvA's general council endorses its considerations.
Appreciation, but also criticism
The committee appreciates the starting point of the bill, but makes critical comments. If the new self-employment test and working relationship test are not met, the existing holistic test must still be applied to assess whether there is an employment contract. Tests will therefore exist side by side.
Integration and actual performance
According to the committee, integration counts only indirectly as an independent criterion in the new tests. The Dutch Supreme Court (HR 24 March 2023, ECLI:NL:HR:2023:443, Deliveroo), by contrast, names the integration of the work and of the person performing it into the client's organisation and business operations as a possibly relevant circumstance. Because the working relationship test depends not on what the parties agree but on how they perform their relationship, and can be applied at any moment, the committee questions whether clients will experience the act as a safe harbour.
The committee's conclusion
According to the committee, the act will mainly provide clarity in situations where it is already clear under current law that one can safely work as a self-employed person. At the same time, it sees a real risk of eroding support for collective arrangements. Outside the safe harbour, the decisive question remains whether the contract is an employment contract within the meaning of Article 7:610 of the Dutch Civil Code.
Practical tips
Do not assume that the safe harbour offers certainty in advance: the actual performance of the contract remains decisive.
For each engagement, assess the interpretation and qualification of the contract in light of all circumstances, including integration.
Follow the further legislative process; the bill may still change after the consultation.
More on this topic can be found in our knowledge base on bogus self-employment. Working with self-employed contractors? Try our ZZP-inhuurscan or contact us.
This blog provides general information and is not legal advice. For advice on a specific situation, please contact us.
