Employers must pay tens of thousands of euros from the judge in half of the cases to false self -employed persons

Self -employed people who go their employer in court because they think there is false independence, are right in half of the cases. This is apparent from a tour of News hour along employment law experts and the Council for the Judiciary. The compensation that the employers had to pay to these self -employed people – for, among other things, missing vacation days, illness days and travel allowance – increased to tens of thousands of euros per person.

News hour In addition, on all 47 relevant statements that have been publicly published since March 2023 on Rechtspraak.nl. In 24 of those cases, the self -employed person was in favor.

It is no coincidence that the number of lawsuits of the self -employed has been increasing since March 2023. Then the Supreme Court determined that Meal deliverers of Deliveroo false self -employed people were. Based on their work, they heard that they were employed. At the time of the ruling, Deliveroo was no longer active in the Netherlands, but the deliverers were able to retract their missed income with retroactive effects.

Self -employed persons in other sectors, who suspected that they also worked in a disguised employment contract, gave that statement to challenge their false independence.

Gray

According to Mijke Houwerzijl, professor of employment law at Tilburg University, in most cases it is clear whether there is an employee or work as a self-employed person. She points to the website of the central government, where there are broadly the characteristics of self-employed work and work in paid employment. In this way being able to determine the working hours and how the work is performed on independence. As well as having specific knowledge or experience that is not present within the organization. And receiving compensation that is considerably higher than the amount that is normally paid to employees within the sector.

« Lately there has been so much discussion about sham independence that you would almost think that the border is always unclear, but only in a minority of cases is that, » says Houwerzijl. Turn it around, she proposes: « The vast majority of people in paid employment will not doubt whether they are a self -employed person. »

It is estimated that the Netherlands has around 1.6 million self -employed people, of whom 200,000 to 300,000 work in false independence

Why was only a few tens of times litigating against a client in the past two years? « Of course, the self -employed make themselves vulnerable if they days their clients, » says Houwerzijl. « Quarrel with the client could cost them their work. That is why most people only tighten a lawsuit when the employment relationship is already disturbed. »

The Ministry of Social Affairs and Employment estimates that the Netherlands has around 1.6 million self -employed people, of whom 200,000 to 300,000 work in false independence. Between 2005 and 2016, the government chose not to allow the client to run a risk by issuing a VAR (explanation of employment relationships) and not enforcing them on such disguised employment contracts.

Since January 1 of this year, the tax authorities will again maintain. Employers who have work done by self -employed people who prove to be false self -employed can receive a fine and have to pay additional taxes. That procedure is done through administrative law. 2025 is a transition year. The Tax and Customs Administration will only distribute fines and collect additional taxes from 2026, so that employers still have a year to get their workforce in order.

Bankrupt

Houwerzijl does not rule out the fact that from 2026 the number of civil lawsuits of self -employed people against their client will also increase, provided that the tax authorities will actually maintain. « Once a client has been tapped by the Tax Authorities, because there is false independence, the Schijn-ZZP’er has more tools to retroactively claim vacation days through civil rights. »

In a number of the 47 lawsuits, the employer already went bankrupt after one false self -employed person was in favor. The employer could not pay the tens of thousands of euros. For example, handball club Limburg Lions went bankrupt when one of the players successfully stepped to court and would receive 50,000 euros from the club.

If the Tax and Customs Administration will actually enforce from 2026, Houwerzijl may consume that more companies will fall over, especially when they are not very large and it appears to have several employees who for a long time they wrongly treated and paid as self -employed people. « If you want to tighten a civil case afterwards as a self -employed person, you fish at such companies behind the net, » says Houwerzijl. « The large companies and organizations are much more interesting that will remain intact if they soon appear to have employees who they have previously treated as self -employed people. Those companies can actually be repaid. »

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