Many organizations work with freelancers. But when is someone legally still considered self-employed and when are they actually an employee? Due to stricter enforcement of false self-employment and new legislation regarding employment relationships, this distinction is becoming increasingly important.
With our Quick Scan employment relationship, you quickly gain insight into the risks of false self-employment within your organization. We evaluate contracts, the actual collaboration, and how the work is organized. This clarifies whether a freelancer relationship holds up legally or if adjustments are advisable.
When is a freelancer legally an employee?
Whether someone is viewed as a freelancer or an employee depends not only on the contract but primarily on how the collaboration is conducted in practice. The following factors play a role:
- the degree of authority or direction;
- whether the work must be performed personally;
- the embedding of the work within the organization;
- the duration and continuity of the collaboration.
When a freelancer is actually classified as an employee, it can have significant consequences. Consider additional assessments of wage tax and social contributions, fines from the Tax Authority, obligations such as continued pay during illness, mandatory participation in industry pension funds, and less flexibility in personnel deployment.
A timely assessment of the employment relationship helps mitigate these risks.
What does the Quick Scan yield?
With the Quick Scan, you receive a clear and practical overview of the legal risks.
We provide:
- a clear risk profile per freelancer relationship;
- an assessment based on contracts and actual working methods;
- a clear overview of relevant factors and points of attention;
- a joint discussion of the results with concrete recommendations.
The outcome indicates where your organization is well-aligned and where adjustments may be wise.
How does the Quick Scan work?
We evaluate the assignment agreement and ask some targeted questions about the actual collaboration with the freelancer, such as the duration of the work, the degree of embedding in the organization, and the method of direction.
Based on this, we create a risk profile in five categories, from low to high risk of false self-employment.
You will receive an overview with our assessment and any points of attention. We will then discuss the outcomes and possible next steps.
Who is the Quick Scan intended for?
The Quick Scan is particularly relevant for organizations that:
- work structurally with freelancers;
- want to prepare for stricter enforcement regarding false self-employment;
- want their contracts and collaboration forms to be assessed;
- want to manage risks related to employment relationships in a timely manner.
Investment
We offer the Quick Scan for a fixed fee, so that the costs are clear in advance.
Interested or questions?
Do you want to know if your freelancer relationships hold up legally? Or do you want to have a Quick Scan conducted? Download the sample report below or contact Karlijn van der Heijden or Sophie Wierenga-Heintz.