Self-Employed Persons Act: misconceptions make employers needlessly cautious
On 21 October 2026, CHRO published a contribution by our founding partner Joost van Ladesteijn on the draft Dutch Self-Employed Persons Act (concept-Zelfstandigenwet): widespread misconceptions and misinterpretations are making employers too cautious. The key message: HR should not build its engagement policy on a proposal that has not yet been adopted, let alone on a misreading of it.
What does the safe harbour do?
The draft bill, which was open for public consultation until 29 October 2026, would add a safe harbour to Article 7:610 of the Dutch Civil Code. If all seven conditions are met, it is established in advance that the contract is not an employment contract. Three conditions concern the worker as an independent entrepreneur (including working for several clients and features of entrepreneurship), four concern the working relationship itself (including freedom in how, when and where the work is done and working at one's own expense and risk).
An additional route, not a general standard
Joost warns that the seven conditions are being treated in practice as general requirements for engaging self-employed workers. That is incorrect. Failing to reach the safe harbour does not automatically mean there is an employment contract. The question remains whether the contract qualifies as an employment contract within the meaning of Article 7:610(1) of the Dutch Civil Code, assessed under the existing holistic test developed by the Dutch Supreme Court (interpretation and qualification of the contract; HR 24 March 2023, ECLI:NL:HR:2023:443). Nor does the absence of a single condition establish an employer's authority.
How misconceptions arise
The article shows how misconceptions spread, for example when an Advocate General's opinion is presented as a ruling of the Supreme Court. As Joost puts it, an opinion may be legally relevant, but it is not a judgment.
Practical tips
Do not redesign your engagement policy around the seven conditions yet: the proposal may still change or be withdrawn.
Assess each engagement under Article 7:610(1) of the Dutch Civil Code and Supreme Court case law, based on reliable facts, and reassess when the engagement changes.
Check where legal information comes from and make sure HR, Legal and Procurement work together.
Source: CHRO, 21 October 2026 (in Dutch)
Read more in our knowledge base on bogus self-employment. Want to know what this means for your organisation's engagement policy? Get in touch.
This blog provides general information and is not legal advice. For advice on a specific situation, please contact us.
