Self-Employed Persons Act: minister names elements that may be set out in a decree
On 9 November 2026, Minister Aartsen (Work and Participation) answered the written questions that Member of Parliament Patijn submitted on 16 October 2026 about the Self-Employed Persons Act (Zelfstandigenwet). The answers shed light on the status of the bill and on the elements that may be set out not in the act itself, but in secondary legislation.
Where does the bill stand?
The draft bill was open for public consultation from 1 to 29 October 2026. According to the minister, the bill is 'not yet final'. The social partners also responded to the consultation, and their input is being processed. They are further involved through the regular consultation with the Labour Foundation (Stichting van de Arbeid).
Which elements may end up in a decree?
The minister confirms that a limited number of elements may be worked out further in a general administrative order (AMvB). These are:
the provisions that count towards the criterion that a worker spends a minimum amount on provisions against the risks of working as a self-employed person, and the level of that minimum amount;
the (basic) characteristics indicating work as a self-employed person, as part of the self-employment test.
According to the minister, the explanatory memorandum to the draft already describes how the government intends to fill in these elements. He aims to put the AMvB out for consultation no later than when the bill is submitted to the House of Representatives, so that the House can consider the rules together.
Relationship with the SER advice
Patijn also asked whether the act departs from the medium-term advice of the Social and Economic Council (SER). The minister does not share that view. In his words, the act is not part of the labour market package originally agreed, but is part of a broader modernisation of the labour market.
What does this mean?
Part of the content of the self-employment test depends on rules that have yet to be adopted. A complete picture will only emerge once the bill and the AMvB are available together. Until then, whether a contract is an employment contract continues to be determined under Article 7:610 Dutch Civil Code.
Practical tips
Follow the submission of the bill and the consultation on the AMvB; only then will it be clear which provisions and which minimum amount count.
Do not wait for the new act to review current engagements: assess the agreed and actual rights and obligations against Article 7:610 Dutch Civil Code now.
Take stock of the provisions against business risks (such as insurance) that the self-employed professionals you work with have, so you can quickly assess later whether a minimum amount is met.
Read more on this topic in our knowledge base, including our article on the safe harbour of the Self-Employed Persons Act (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.
