Bovib and Act DBA

WIBA IT joined the Bovib, the branch organization for intermediaries and brokers, last year. In addition to the DBA Act, guaranteeing the quality of the service has also been an important factor in becoming a member of this organization. Internally, WIBA IT is busy getting everything ready with regard to Law DBA. In a period of four weeks, an article will be published every week on the website that relates to the DBA Act.

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.

Bovib is developing a trademark for intermediaries, in particular to make sure of proper management of the quality of the services provided by brokers and intermediaries.

“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).”

Discussed a number of times before, but WIBA IT would like to start using the Bovib’s Model agreement. So far, the IRS has not yet given us the green light.

“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.”

“For clients and intermediaries, it is very important to know where they stand in relating to deploying freelancers. Statements like: “benevolent entrepreneurs have little to fear”, offer no security at all unless there are clear criteria. What is a ‘benevolent’ entrepreneur? And are there ‘malevolent’ entrepreneurs?

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.

Naast de geplande artikelen blijft WIBA IT uiteraard het nieuws nauwlettend volgen. Uiteraard houden we iedereen die ons volgt op de hoogte van de laatste ontwikkelingen. Volgen kan via LinkedInTwitterFacebook en natuurlijk de website. Hopelijk zal snel de rust wederkeren in de markt. Dan kan WIBA IT zich weer volledig focussen op hetgeen er echt toe doet, het verzorgen van de beste match voor IT!

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 LinkedInTwitterFacebook, 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!