NOS Bart Kamphuis
NOS Nieuws•vandaag, 16:43
-
Billie Slagboom
economics editor
-
Billie Slagboom
economics editor
“Wow, that varies a lot,” says a freelance security guard (20) at a data center. He is currently completing the self-employed check from the Ministry of Social Affairs, but could answer both yes and no to many questions. “Sometimes I have the same client for longer, sometimes more than one. It depends on what I can find.”
After ten questions, he turns out to have six characteristics of a self-employed person and four of an employee. Music teacher Johan van der Zwet also does the check. The result is 50/50. “Now explain, what rules do I have to adhere to?”
In exactly two months, the Tax Authorities will increase their enforcement of bogus self-employment. And although the government promises not to carry out “hysterical” inspections in 2025, there is still a lot of unrest among self-employed people.
Companies are keen to employ them, and some are responding to the unrest with advertisements. “Difficult future for self-employed people? Get employed by…”. But many self-employed people want to remain self-employed because of the freedom it offers them.
‘No sum’
A few weeks ago, the Tax Authorities published the so-called assessment framework, but this does not yet provide enough clarity for some self-employed people and clients. The new business check also raises questions.
“It is not a sum,” says assistant professor of employment law Niels van der Neut of the University of Amsterdam. “You may have five or six circumstances that point in the direction of self-employment, but you are still not self-employed. If you are embedded in the organization, or the client tells you how to do your work, then you can you are an employee after all.”
“The Tax Authorities are committed to providing information,” says Van der Neut. “They hope that the parties themselves will take responsibility.” He is still skeptical about the success of this approach. “I hope it works, but when it comes to money, I don’t think people are taking that shared responsibility.”
He thinks the law is clear. “I think many people would come to the same answer if you asked someone on the street whether someone was self-employed or not.” He thinks that few self-employed people fall into a gray area.
“People are used to the fact that almost anything was possible in the past eight years, because there was no enforcement. And freelancing was cheaper for all parties.” But a large proportion of current self-employed people are actually not, Van der Neut thinks. “That is also the difficult thing, that it concerns such a large group.”
Sick and peaked
While many companies are investigating whether and how they can still work with self-employed people in the new year, more and more companies are announcing that they will stop working with freelancers.
A quarter of self-employed people are already missing out on assignments as a result, mediation agency Headfirst investigated in September. “And that has only increased since then,” says Cristel van de Ven, chairman of the Association of Self-employed Netherlands. “They now say that they are going to start smoothly, but in the meantime nothing has changed in the rules that people are going to look at, hence the unrest.”
Music teacher Van der Zwet chose to be employed three days a week. “I didn’t want to experience suddenly hearing from clients halfway through the school year that they no longer dare to do it, and then no longer have any income.”
Self-employed people do not meet the requirements of the law. They wear our clothes, receive instructions from us. There is always a relationship of authority.
Geert Sijtzma, security company ISA Security
Geert Sijtzma of security company ISA Security has already stopped hiring more than half of his self-employed people. “Self-employed people do not meet the requirements of the law,” he says. “They wear our clothes, receive instructions from us. There is always a relationship of authority.” He only wants to have a flexible shell of freelancers.
Stopping self-employed persons except when ‘sick and peak’ is being adopted as a new guideline by many organizations. But it will also often no longer be possible to use freelancers in the event of illness or at peak times.
If the self-employed person does the same work in the same circumstances as the employee he replaces or supplements, he can still be bogus self-employed. “That is not possible as a self-employed person,” Minister Van Hijum said in the House of Representatives.
Sijtzma would think it would be better if the Tax Authorities would inspect self-employed persons instead of clients. “It’s actually crazy, because we didn’t want our employees to become self-employed. They wanted to be self-employed themselves.”
Self-Employment Shenanigans: The Tax Tug-of-War!
Well, well, well, it seems we’re in a bit of a pickle, folks! Imagine being a self-employed freelancer, navigating the treacherous waters of vague tax regulations. A security guard has just informed us, “Wow, that varies a lot,” and frankly, if I had a pound for every time I heard that, I’d be self-employed too! But let’s dive into the hilariously complex world of self-employment regulations, shall we?
Self-Employment: A Dilemma in Disguise
In this modern age, where one might think the gig economy would be as straightforward as ordering a takeaway, self-employed individuals are scratching their heads over new regulations. Our friend Johan Van der Zwet, a music teacher, took the self-employed check and landed squarely at a 50/50 split. Fantastic! It’s like flipping a coin to decide if you’ll have a job or just starve artistically. “Now explain, what rules do I have to adhere to?” he demands, and honestly, he could be asking about anything in life.
The Tax Authorities are sharpening their pencils and gearing up, reaffirming that their enforcement of bogus self-employment will kick in soon. Penalties will come faster than a bad joke at a comedy club! And just when you think the government is showing some rationality with promises of not conducting “hysterical” inspections—whatever that means—our self-employed pals are left quaking in their (probably designer) boots.
The Gray Area: More Confusing than a Riddle at a Family Gathering
Niels van der Neut, our assistant professor of employment law (seriously, who comes up with these titles?), explains that self-employment isn’t merely a collage of boxes to tick. Oh no, it’s like standing in a game of charades while your friends shout out random jobs! “You may have five or six characteristics that point to self-employment,” he states. Sounds easy, right? But just being a bit freelance doesn’t mean you’re not secretly working for the man.
Let’s face it; many have basked in the sunny glow of lax regulations for the past eight years. Freelancing was a peachy deal, but now, as Niels suggests, the grumbling begins, “I think few self-employed people fall into a gray area.” A bit rich coming from someone observing the chaos as he sips his ethically sourced, organic soy latte!
Business or Bust: Companies Retrench!
Meanwhile, companies are pulling a Houdini act, vanishing from the freelance scene faster than you can say “tax audit.” One quarter of freelancers are already feeling the pinch, losing assignments left and right. Cristel van de Ven, representing the self-employed folks, notes, “They say they’re going to start smoothly, but nothing has changed!” Honestly, it’s like your overly ambitious friend telling you they’ll definitely go to the gym tomorrow… again.
And then we hear from Geert Sijtzma of ISA Security, who not only quit hiring freelancers but claims they don’t meet legal requirements! “Self-employed people wear our clothes and receive instructions from us,” he quips. Nothing like a little existential crisis to start your day, right?
“Self-employed people do not meet the requirements of the law. They wear our clothes, receive instructions from us. There is always a relationship of authority.”
The New Norm: Sick or Peak
Now, many companies have decided on a “no self-employed unless sick or peak” strategy, which sounds about as comforting as a warm cucumber sandwich. Remember when self-employed folks used to get work during busy seasons? Not anymore! It’s all business as usual until you hit the unemployment line.
Minister Van Hijum chimes in, warning that if the self-employed person does the same job as their employed counterpart, they might just qualify as bogus. Hold onto your hats, people—this is getting wild! Flexibility, it seems, is no longer in vogue, leaving freelancers sitting on the fringe of uncertainty, wondering where their next paycheck will come from.
Conclusion: Tax Chums or Tax Chumps?
In the end, it’s clear the self-employed arena is as confused as a chameleon in a bag of Skittles. If you’re one of the lucky souls navigating self-employment, buckle up; it’s going to be a bumpy ride. The Tax Authorities may promise clarity, but in a world of gray areas and fluctuating regulations, the only thing we can be sure of is that the real joke is on the self-employed. And as always, the punchline is delivered right when you least expect it.
So what’s the takeaway here? Stay informed, keep your paperwork in order, and maybe—just maybe—stick with a day job if you can’t handle the thrill of uncertainty. Because in this tax drama, the stakes couldn’t be higher!
A freelance security guard, aged 20 and currently stationed at a busy data center, expressed his mixed feelings about his employment status. As he navigates the self-employed check mandated by the Ministry of Social Affairs, he finds himself grappling with conflicting answers. “Sometimes I have the same client for longer, sometimes more than one. It depends on what I can find,” he explained, reflecting on the uncertainty of his work situation.
Music teacher Johan van der Zwet also took the same self-employed evaluation and received a balanced assessment of 50/50. “Now explain, what rules do I have to adhere to?” he challenged, emphasizing the confusion surrounding the criteria determining one’s employment status.
In two months, the Tax Authorities are set to ramp up their scrutiny of so-called bogus self-employment. Although the government assures the public that they will avoid “hysterical” inspections in 2025, self-employed individuals remain anxious about the implications for their livelihoods. This anxiety is exacerbated by the government’s ambiguous communications regarding the new regulations.
Companies express a strong desire to hire self-employed workers, yet many of them are also openly recruiting for traditional employment roles. Ads proclaiming, “Difficult future for self-employed people? Get employed by…” echo through the industry, reflecting a duality of interest: the allure of freelance freedom coupled with the increasing appeals to seek permanent positions for stability.
The Tax Authorities have recently released an assessment framework intended to clarify the lines between employment types. However, many self-employed individuals and their clients are still left with solid questions regarding the new business check and its implications for their working relationships.
Niels van der Neut, an assistant professor of employment law at the University of Amsterdam, elaborated on the complexities of this new framework. “It is not a sum,” he stated, underscoring the nuanced nature of self-employment assessments. If an individual possesses several indicators suggesting self-employment but finds themselves deeply integrated into an organization’s operations, the classification could easily flip to employee status.
Van der Neut remains skeptical about the Tax Authorities’ faith in voluntary compliance from both employers and freelancers. “I hope it works, but when it comes to money, I don’t think people are taking that shared responsibility,” he expressed, reflecting a broader concern about adherence to the law and its enforcement.
As many companies reevaluate their relationships with self-employed individuals, a growing number are deciding to forgo freelance collaborations altogether. A recent survey by the mediation agency Headfirst found that a quarter of self-employed individuals have already lost assignments because of these shifts. Cristel van de Ven, chairman of the Association of Self-employed Netherlands, reported a rising sense of apprehension stemming from unchanged rules despite promises of a smooth transition into new norms.
Geert Sijtzma, a representative from ISA Security, noted that his company has significantly cut its use of self-employed workers. “Self-employed people do not meet the requirements of the law,” he stated emphatically, pointing out the nature of their work relationships. His company now seeks to retain only a limited number of freelancers.
Many organizations are adapting by instituting stringent guidelines around the employment of freelancers, declaring that engagements will only occur during ‘sick and peak’ scenarios. However, this makes it increasingly difficult to utilize self-employed individuals even in times of unexpected demand.
Minister Van Hijum raised concerns in the House of Representatives regarding the implications for self-employed workers who perform identical roles under similar conditions to those of employees. “That is not possible as a self-employed person,” he asserted, clarifying the legal boundaries of self-employment in a rapidly evolving labor market.
Sijtzma proposed that instead of focusing on employers, the Tax Authorities should direct their inspections towards self-employed individuals. “It’s actually crazy, because we didn’t want our employees to become self-employed. They wanted to be self-employed themselves,” he argued, highlighting the inherent contradictions in the system.
F-employed individuals have already lost assignments, illustrating the mounting pressure freelancers face in this evolving landscape. Cristel van de Ven, a spokesperson for the self-employed community, pointedly remarked, “They say they’re going to start smoothly, but nothing has changed!” It’s a sentiment echoed by many who have watched opportunities dwindle despite the assurances from authorities.
As scrutiny from the Tax Authorities looms closer, freelancers are caught in a tense wait-and-see game. The dichotomy between the desirability of freelance work and the comfort of permanent employment has become strikingly evident. Companies are facing their own dilemma; many wish to engage freelancers for their versatility but are also inclined to seek out permanent hires to avoid the complications associated with self-employment.
Amidst this chaos, clarity appears to be a distant dream. While the government has unveiled a new framework aimed at delineating the distinctions between employee and self-employed status, confusion continues to reign. The vague criteria and subjective interpretations foster anxiety among self-employed individuals who fear they might accidentally trespass into the realm of ‘bogus self-employment.’
And so, freelancers like Johan and the young security guard wonder what lies ahead. With the Tax Authorities poised to increase their inspections, the stakes have never been higher for those who embrace the uncertainties of self-employment. The light at the end of the tunnel seems more like a flickering bulb at the moment—as uncertain as navigating a complicated tax code without a calculator.
One thing is for certain: the self-employment conundrum will require more than just guidelines; it necessitates a comprehensive discussion around the future of work, the definitions we apply, and the regulations that govern these relationships. As this drama unfolds, we can only hope that the punchlines of bureaucracy and regulation don’t leave the self-employed feeling like mere tax chumps in a game they didn’t sign up to play.
