We’ve been closely monitoring developments in Dutch legislation that affect self-employed professionals, or ZZP, as consulting and independent entrepreneurship are often a natural next step for many highly skilled migrants.
Most readers are already aware of the ongoing debate surrounding the WVBAR proposal – designed to clarify the relationship between ZZP contractors and their clients. But just recently, a group of Dutch political parties introduced an alternative initiative that could potentially replace WVBAR and offer much-needed clarity on how ZZP independence is assessed.
Four parties – VVD, D66, CDA, and SGP – have submitted a new draft bill titled the Zelfstandigenwet (“Self-Employed Persons Act”), which outlines clear legal criteria for when a self-employed professional can offer services to a client. This proposal is presented as a direct alternative to the current WVBAR draft (the Law on Clarifying the Assessment of Employment Relationships and Legal Presumptions).
The initiative is spearheaded by VVD MP Aartsen, who had previously indicated his intention to draft a separate bill, raising concerns about whether WVBAR could truly address the complexities of independent contracting.
Key points of the self-employed persons act
The new legislation draws inspiration from Belgian labor law and introduces three core mechanisms to assess working relationships:
- Independent status assessment (zelfstandigentoets): Evaluates whether a self-employed professional genuinely operates independently. Key indicators include registration with the Chamber of Commerce (KvK), a VAT number, business risk, investment in tools or equipment, having multiple clients, publicly presenting as an independent business, and actively seeking clients. Additional conditions include insurance against incapacity to work and pension contributions.
- Work relationship assessment (werkrelatietoets): Looks at whether the nature of the agreement undermines the worker’s independence. Criteria include the freedom to accept or decline assignments, autonomy in scheduling and methods, and the absence of hierarchical control.
- Sector-based legal presumption (sectoraal rechtsvermoeden): Flags industries at high risk of sham self-employment. For example, in Belgium, if someone transports goods using a vehicle they don’t own, employment is presumed unless proven otherwise based on the werkrelatietoets.
The bill also proposes creating a supervisory body—the Commission for the Assessment Framework of the Self-Employed Persons Act (Commissie Beoordeling Toetsingskader Zelfstandigenwet)—tasked with reviewing individual cases and advising whether a self-employed professional meets the independence criteria.
Compatibility with WVBAR principles
Many of the criteria outlined in the new bill overlap with WVBAR and the landmark Deliveroo ruling. However, the authors of the Zelfstandigenwet deliberately exclude the controversial “integration into the company structure” criterion, arguing that it creates legal uncertainty. Their version is intended to give professionals more room to operate independently—even in roles that resemble traditional employment.
Mixed reactions from other parties
The proposal will enter a consultation phase where stakeholders can provide input. It will then be published online for public comments and formally reviewed by the Dutch Council of State (Raad van State).
Still, political consensus is far from certain. Coalition parties PVV and NSC have already expressed reservations, noting that the current coalition agreement supports continuing with the WVBAR proposal instead.
Final thoughts
This new initiative reflects a broader push to clarify what it means to work independently in the Netherlands—especially in complex sectors like tech, logistics, and the creative industries. Whether this alternative gains momentum depends on how it is received by stakeholders and lawmakers. But one thing is clear: the rules around ZZP work are evolving, and fast.