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Self-Employed Persons Act criteria tested in practice: workable, but with open questions

Writer: Joost van Ladesteijn
Joost van Ladesteijn
5 days ago
2 min read

On 9 November 2026, the Dutch Ministry of Social Affairs and Employment published the report 'Onderzoek criteria Zelfstandigenwet' (study of the criteria of the Self-Employed Persons Act). Research agency MARE presented the proposed criteria of the self-employment test and the working relationship test to clients and self-employed professionals. The report is dated 27 October 2026. The public consultation on the draft bill ran from 1 to 29 October 2026.

How was the research done?

To weigh the findings, look at the design. This is qualitative research: ten online in-depth interviews of 45 minutes and two online focus groups of 90 minutes with four participants each. Eighteen people took part in total, ten clients and eight self-employed professionals. They had not seen the full bill or explanatory memorandum beforehand. MARE itself states that the results are 'indicative and hypothesis-forming' rather than statistically proven facts.

A workable concept, criteria with open questions

Participants found the two-test structure clear and workable. The individual criteria did raise questions. The requirement of three different clients or customers is clear as to the number, but not as to the period in which it must be met. It was also unclear how the requirement that the self-employed person is free to decide how the work is performed fits with working under instructions and work protocols, which is common in practice. Participants also questioned how working at one's own expense and risk relates to billing every hour worked. Clients additionally found the criteria hard to verify.

And if the tests are not met?

According to the consultation text, failing one or both tests does not automatically mean there is an employment contract; the existing framework of Article 7:610(1) Dutch Civil Code then applies. Participants did not find this fallback to the current rules sufficiently reassuring.

Practical tips

  • Read the report as a signal of possible pain points, not as a representative verdict: it reflects eighteen participants without knowledge of the full bill.

  • Record now what has been agreed on how assignments are performed, on instructions and on work protocols, and how this works in practice.

  • Keep assessing contracts against Article 7:610 Dutch Civil Code: even if the Self-Employed Persons Act is adopted, that framework continues to apply where the tests are not met.

Read more on this topic in our knowledge base and in our earlier Insight on the safe harbour (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.

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