Self-Employed Persons Act: the safe harbour offers no certainty in advance – and is not a new hiring standard
The draft Self-Employed Persons Act (Zelfstandigenwet) was open for consultation until 29 October 2026. It adds a new second paragraph to Article 7:610 of the Dutch Civil Code: if all seven conditions are met, there is no employment contract. In ZiPconomy (19 October) and on CHRO (21 October), Joost van Ladesteijn discussed what this “safe harbour” does and does not do.
Clear rules, no certain outcome
The conditions are cumulative and largely concern how the engagement is performed in practice. Whether they are met can therefore only be established during or after the engagement, and a single shortcoming is enough to lose the safe harbour. The Act provides clear rules in advance, but not the certainty of outcome that the explanatory memorandum suggests.
No a contrario reasoning
Paragraph 2 sets out when authority (gezag) is absent in any event, not when it is present. Falling outside the safe harbour does not automatically mean there is an employment contract; the existing holistic test of paragraph 1 and the case law of the Dutch Supreme Court continue to apply. Treating a missed condition as evidence of authority is reasoning that does not hold.
Misunderstandings make organisations overly cautious
In practice, the seven conditions are already being treated as a general standard for hiring self-employed professionals. Legal sources are also being mixed up, for example when an Advocate General’s opinion is presented as a ruling of the Supreme Court. An opinion may be legally relevant, but it is not a judgment.
What this means for HR and procurement
Do not build your contractor policy around the seven conditions yet: this is a draft bill.
Assess working relationships under Article 7:610(1) of the Civil Code and Supreme Court case law.
Collect reliable facts on how work is actually performed and watch the quality of legal information.
Have HR, Legal and Procurement work together.
As an alternative to the safe harbour, Joost proposes a statutory regime for the result-based contract (resultaatsovereenkomst).
This blog provides general information and is not legal advice. For advice on a specific situation, please contact us.
