In the meantime, WIBA IT would like to share some parts from the status update of Rob de Laat, the chairman of the Bovib, so that people are aware of what is generally going on about the DBA Act.
“Recently, the NBBU launched its own Freelance Trademark. We have been asked repeatedly how we distinguish ourselves. The NBBU trademark only involves ‘mediation’ and does not involve processes, unlike our trademark, which does include (ISO) processes and in which intermediation plays a role.
The trademark as such is almost ready. This week, there would have been a pilot at one of the members, but on their request, that has been moved to the end of the month. In the background, we are already writing the regulations, including, for instance, the structure (College of Experts, and so on).”
“In the consultation, Boris Emmerig, our advisor in this trajectory, indicated that we had reached an agreement with the IRS. Unfortunately, the IRS has had second thoughts about the concept agreements eight times, when we thought we had reached an understanding. Very frustrating. We have now reached version 1.9. With version 1.8, it seems the whole thing would have to restart from the beginning, when the IRS wanted a different version of article 9.2 (usual duration) to be included in our agreement. It seems that is off the table now. Our approach to this that the freelancer is not ‘economically dependent’ on the intermediary/client.
In addition, there has been consultation with the Ministry of Finance at the highest level, together with ABU, NBBU and VNO/NCW, with the primary goal of getting the ‘8 months’ off the table. While we have a clear idea about how to come up with a solution to make the new law workable, such an idea was lacking, in particular, with VNA/NCW and ABU.”
Position Bovib regarding the current developments regarding the new legislation in politics
In our view (Bovib), the aim of the new legislation is to eliminate abuse and misuse. With the term ‘false self-employment’, that has taken on a life of its own, because there is no clear definition of what that means either.
Is abuse is the starting point for the assessment by the IRS, enforcement should focus on situations where the freelancers is clearly the disadvantages party. Free will and common sense provide the framework for that. This is what we have felt all along.
This approach immediately removes the disputed element from the legislation while reaching the main objectives: prevention abuse and misuse, while maintaining the freedom to act for the right parties.”
A clear position that WIBA IT can get behind completely. Freelancers who have landed a job via WIBA IT have made a conscious choice in the past to work as an independent contractor. Despite the nature and duration of the jobs in question. Our position is therefore that WIBA IT can keep providing the same freelancers with challenging assignments in the future. However, we are now awaiting a legal framework to cover the currently observed risks in the market as efficiently as possible, both for the freelancers involved and for the organization’s clients. In the coming weeks, this will be further discussed from different perspectives.
In addition to the planned articles, WIBA IT will keep a close eye on the news, and we will, of course, keep everyone informed of the latest developments. You can follow us on LinkedIn, Twitter, Facebook, and of course via our website. Hopefully, things will settle down quickly, so that WIBA IT can once again focus on what really matters, finding the best IT match!