Introduction of client declaration and opt-out in 2020

On 15 December 2017, Minister Koolmees of Social Affairs sent a letter to the Lower House. The letter mainly contained information about the cabinet’s vision regarding the labour market and the pension system. A short part of the letter was about self-employed persons and in particular the planning for the client declaration which should replace the Assessment of Employment Relationships (Deregulation) Act (“DBA Act”).

“It concerns complex dossiers, such as how to qualify self-employed persons”.

The piece mentioning ‘self-employed persons’ starts with the client declaration and the yet to be developed web module. (see this message for more information about that). These solutions should ensure that less sham self-employment occurs at the bottom of the labour market. For the top of the market, this should create more room.

“The aim is to have the specific measures, intended for the bottom and the top, as well as the client declaration enter into force on 1 January 2020.”

The proposals will be worked out in 2018 with social partners and sector parties. The minister then said that the plans should enter into force in 2020.

Minister Koolmees went on to say that authority in assignments should be assessed more on the basis of material circumstances. At the moment, it is too much based on formal circumstances. The letter states:

In addition to clarifying the criterion of authority for the purpose of the web module, the cabinet will amend the law in such a way that, from now on, authority will be tested more on the basis of material rather than formal circumstances. This is a complex matter that potentially affects all workers. In order not to burden the introduction of the other measures, the cabinet will tackle this separately but energetically.

Because the client declaration and the opt-out scheme will only come into effect two years later than was first thought, many self-employed persons will remain in a state of uncertainty for the time being. But at Maandag® IT we keep a close eye on the changes in this area and we hope that there will be more clarity soon. Do you want to stay up to date? Then follow us on our social media channels – LinkedInFacebook en Twitter.