Introduction of client statement and opt-out scheme in 2020

Minister Koolmees of Social Affairs sent a letter to the House of Representatives on December 15, 2017. The letter mainly contained information about the government’s vision regarding the labour market and the pension system. A short part of the letter was about the freelancer and, in particular, the planning for the client statement, which should replace the DBA Act.

“These are complex dossiers, like the freelance qualification issue”

The article in which the ‘self-employed’ are mentioned starts with the client statement and the web module that is yet to be developed. These solutions should ensure that there is less false self-employment at the lower end of the labour market. For the top of the market, this should provide more space.

“The aim is to have the specific measures, intended for the bottom and the top, as well as the client declaration, come into effect on 1 January 2020.”

The elaboration of the proposals will take place in 2018 with social partners and field parties. Then the minister said that the plans should enter into force in 2020.

Minister Koolmees then said that authority should be tested more on the basis of material circumstances. At the moment it is too much based on formal circumstances. For example, in the letter:

In addition to clarifying the authority criterion concerning the web module, the Government will modify the law such that, in the future, the authority will be verified based on material rather than formal circumstances. This is complex material, that can touch every working person. To prevent affecting the introduction of the other measures, the Government will address this separately, but proactively.

Because the client statement and the opt-out scheme will only enter into force two years later than was first thought, many freelancers will remain unclear and insecure for the time being. But at WIBA IT we keep a close eye on the changes in this area and we hope that there will soon be more clarity on this issue. Also stay informed? Follow us on our Social Media channels: LinkedIn, Facebook and Twitter.