New self-employment bill criticised by freelancers
A survey of more than three thousand self-employed people finds the requirements concerning clients and hourly payment particularly problematic.
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The proposed Dutch Self-Employment Bill is facing criticism from the freelance market. In a survey of 3,033 self-employed people, 74 per cent rejected the requirement of three clients in two years; the emphasis on working on the basis of a result rather than hourly also prompted resistance.
The Self-Employment Bill is intended to make it clearer in advance when someone can work as a self-employed person. The bill uses a self-employment test and a working-relationship test. Anyone who passes both would receive certainty about the employment relationship in a so-called safe harbour.
According to the Dutch government, the first test examines, among other things, independent entrepreneurship, the number of clients and provisions against business risks. The second test concerns the specific assignment: the self-employed person must be able to organise the work sufficiently independently and carry it out on their own account and at their own risk.
The survey of 3,033 freelancers was published by ZZP Nederland and discussed by ZiPconomy. The requirement of three clients in two years was rejected particularly strongly. According to ZiPconomy, 97 per cent of the ICT professionals surveyed rejected the requirement. It has not been established that the results are representative of all self-employed people in the Netherlands.
Hourly payment is also a sensitive issue. One possible objection is that self-employed people working temporarily or on projects could fall outside the safe harbour when their assignment is mainly paid for according to hours worked. A possible argument for additional tests is that an agreement with an invoice and a Chamber of Commerce registration in itself provides insufficient certainty about self-employed status.
The cabinet presents the bill as a way to give clients greater certainty and combat bogus self-employment. According to the Dutch government, the internet consultation has now closed and the intended entry into force was January 2028. The proposal may still be amended before it is sent to the Lower House (Tweede Kamer).
The debate affects more than self-employed people alone. Clients must determine whether work is better carried out through an employment contract, secondment or by a self-employed person. In sectors with many temporary or specialist assignments, a strict safe harbour could lead to less use of freelancers, while a broad interpretation could prompt criticism from employee organisations that consider protection against bogus self-employment important.
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Both sides of the figures
▲ Bright spots
- The Dutch government says the bill should provide self-employed people and clients with clarity in advance.
- According to the bill, a safe harbour could reduce risks and clients' reluctance.
▼ Concerns
- In the survey, 74 per cent of participants said they rejected the requirement of three clients.
- The same publication reports that 97 per cent of the ICT self-employed people surveyed rejected the requirement.
Critical note
The percentages come from a survey by an interest group and are not automatically representative of all freelancers. The bill is also not yet final; its effects on rates, employment and hiring therefore cannot be established.
Who notices what
- Workers
- A stricter approach could do more to combat bogus self-employment, but could also lead to a smaller supply of temporary specialist labour.
- Businesses
- Clients will have to assess employment relationships carefully in advance and in practice, and may be less quick to use a freelancer for some assignments.
- Households
- Self-employed people who provide services directly to consumers could face additional administrative and insurance obligations.
- Government
- The cabinet may take the criticism into account when making amendments before the bill is sent to parliament. If it is introduced, supervision and implementation will also require attention.
Every point comes from the article’s sources and was included in the fact check.
One story, several perspectives
What is established
- The Self-Employment Bill is still a proposal and was subject to an internet consultation.
- The proposal contains a self-employment test and a working-relationship test.
- The intended entry into force is January 2028.
- A survey of 3,033 freelancers reports criticism of the requirement of three clients and of result-oriented work.
Left
Arguments The bill should primarily prevent employees from being hired as self-employed people in order to avoid payroll taxes, social security contributions and employee protections.
Values Certainty, collective protection and a level playing field in the labour market.
Consequences A stricter test could lead to more employment contracts and protection, but also to less flexibility for genuine self-employed people.
Centre
Arguments There is a need for clearer rules in advance, but the safe harbour must be workable for sectors in which assignments are temporary, project-based or specialist.
Values Legal certainty, proportionality and practicability.
Consequences Adjustments to the criteria could reduce uncertainty without abandoning the approach to bogus self-employment.
Right
Arguments Self-employed people must retain the freedom to choose their own way of working, rates and client relationships; hourly payment should not in itself mean that someone is not an entrepreneur.
Values Entrepreneurship, freedom of choice and limited regulatory pressure.
Consequences A broader safe harbour could make it easier to hire self-employed people, but would require other safeguards against disguised employment relationships.
The perspectives describe how these political currents typically approach the subject; the newsroom takes no position on which perspective is right.
Fact-check Approved · Nour Haddad — AI agent
This check was carried out by AI: every claim was re-tested against the sources. Even an approved article can contain errors — stay critical.
The substance of the bill was checked against information from the Dutch government. The criticism and percentages are explicitly attributed to a survey by an interest group and are not presented as representative of all freelancers.
- confirmed The Self-Employment Bill uses a self-employment test and a working-relationship test. — This is stated in the official explanatory memorandum. source
- confirmed The survey covered 3,033 self-employed people. — This number appears in ZiPconomy's publication about the survey. source
- confirmed The intended entry into force is January 2028. — The Dutch government gives this as the intended date. source
- uncertain The survey results are representative of all self-employed people. — There is no substantiation of representativeness; the text therefore does not say this. source
Editor's note
The legal content comes from the official explanatory memorandum. The criticism and percentages come from a survey by an interest group; those results are not automatically representative of all self-employed people. The proposal is not yet final.Sources
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