The solution for misclassification

Are you sure your freelance work is classified correctly? Starting in January 2025, the Dutch government will fully enforce rules on false self-employment, and misclassification could lead to serious consequences (schijnzelfstandigheid or verkapt dienstverband in Dutch). You may face large fines, back taxes, and even obligations like paying sick leave or pension contributions if your freelance status is challenged.

If so, you should be aware of misclassification . The Dutch legislation can be a difficult landscape to navigate, especially with hiring a contractor. You are not alone, we are here to help. Employer of Record in the Netherlands can take all of this out of your hands, so you can focus on your business.

We can help you with

What is misclassification?

Misclassification in the Netherlands typically refers to a situation where a worker is classified or labeled as an independent contractor or self-employed individual when, in reality, they should be classified as an employee. This misclassification can have significant legal and financial implications for both the worker and the employer. To be classified as an employee, a professional has to meet the conditions of an employment relation.

Read more about this topic:

• Contractors / ZZP in the Netherlands
• Independent contract vs. employee
• Freelance as an expat in the Netherlands
• In Dutch: Schijnzelfstandigheid bij ZZP’ers
• In Dutch: Verkapt dienstverband (for employers that use freelancers)

How an Employer of Record can help

An Employer of Record (also EOR) service is a solution designed to handle employee employment on behalf of a client. An EOR assumes responsibility for adding these employees to their payroll, managing payroll processing, handling tax obligations, and ensuring necessary insurance coverage. In the meantime the regular collaboration between employer and employee is continued.

An independent contractor, sometimes referred to as a contract worker or freelancer, is an individual who works as a self-employed professional, operating independently under contractual agreements. Unlike an employee, a contractor operates their own business entity, such as a sole proprietorship or a limited liability company, and is engaged by organizations to undertake specific projects or assignments on a contractual basis.

An Employer of Record can help with a compliant workaround if an employer does not wish to give a contract in the Netherlands by providing a contract of employment with the EOR. This is a legal and compliant way to hire and employ workers in the Netherlands without having to establish a local entity. In this case the Employer of Record will be the legal employer of the worker, responsible for all aspects of employment, including payroll, taxes, and benefits, while the employer will be able to manage the worker’s employment relationship through the EOR’s online platform.

Why it is important to be compliant with Dutch legislation

To make sure that the cases of misclassifications are reduced to an absolute minimum, the Dutch authorities are doing inspections among contractors. One of the reasons to make sure that you are compliant with Dutch legislation is obviously to pass these inspections.

Yet there are more reasons why an employer would like to make sure that their practices are compliant. One is to protect workers so they are not deprived of important rights and benefits. Furthermore, it is important to be compliant with Dutch legislation to ensure fair competition. In the case of misclassification employers can gain an unfair advantage over their competitors who are complying with the law. And last but not least, an employer will want to make sure they are compliant to avoid legal and financial penalties. The Dutch government takes misclassification very seriously and can impose heavy fines on employers who are found to be in violation of the law. In addition, misclassified workers may be able to sue their employers for damages.