Farewell Wet DBA?

Last Friday, Secretary of State Wiebes decided to put the DBA Act in the refrigerator until 1 January 2018 at any rate. As a result, the Cabinet now has time to look into enforcement. Last Friday there was a meeting on Wet DBA organized by the Compliance Factory when the news was announced.
When this announcement was made, I, Danny op ‘t Hof, was attending yet another meeting about this much-discussed law on behalf of WIBA IT. During these meetings, information was shared by interested parties, lawyers and other legal specialists. Each time with a little message about the origin of the law and what people thought about it. During the meetings that I attended, the speakers basically agreed that it is not a good law. However, it was decided every time to make the best of it with the tools provided to us by the government. The law existed and we had to deal with it.
At the meeting of The Compliance Factory, we had reached the second part of the seminar when we heard the news from the hall. “Enforcement Wet DBA suspended until January 1”. The response from the hall was like that in a local football canteen where the first 11 just won the interim title in the fourth class. A number of people who had been closely involved in discussions in The Hague and at the IRS were congratulated on their efforts. But many people were above all relieved. The enormous pressure everyone felt had gone for now, we can breathe again until we will have to face the new law all over.

In my comparison above, there is a reason I mention interim title, not a championship. The law still exists and will continue to affect our services (IT sector) and those of our colleagues. But even when winning a mid-season title, there is cause for celebration, in this case in the form of relaxing about hiring freelancers. But we will keep looking ahead to be ready for when the new law will come into effect in our sector.

What the enforcement will look like exactly is not yet clear, because with the coming elections next March and the report from the Boot commission, there are enough variables in play. In fact, talking about the elections, it is not unthinkable that the entire will be sent back to the drawing board.

At the same time, the underlying problem that Wiebes chose to ignore for the introduction remains, that independent contractors have no place of their own in our economic system, and I hope, and many people with me, that that problem will be a thing of the past come January 1, 2018. Time will tell and for now, we will all give it our all and make the best of it!

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