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If you want to prevent bogus self-employment, there are roughly three solutions: ensure that the freelancer works genuinely independently, employ the worker, or adjust the collaboration and the contract so that paperwork and practice are in order. Which route is appropriate depends on your situation and the nature of the work.
The risk of bogus self-employment
Many self-employed professionals consciously choose freedom and flexibility. However, if a self-employed professional effectively works as an employee—under authority, performing personal work, and receiving wages—then there is a (disguised) employment relationship. Since enforcement against bogus self-employment has resumed, both the client and the self-employed professional may face back taxes and potential fines. Three solutions help prevent this.
Solution 1: make independence real
Ensure that the self-employed professional also operates as an entrepreneur in practice: no hierarchical relationship like with an employee, personal responsibility and entrepreneurial risk, freedom in execution, and preferably multiple clients. The stronger the independence in practice, the lower the risk of reclassification.
Solution 2: hire the worker
If the work is in fact simply a job, then an employment contract is the purest solution. You employ the worker, with wages, protection against dismissal, and the associated obligations. This provides clarity and eliminates the risk of bogus self-employment.
Solution 3: adjust both the contract and the working method
Often, the solution lies in adjusting both the agreement and the way of working together so that both align with true independence. A suitable (model) agreement helps, but only if you act accordingly in practice. Paper without the right practice offers no protection.
Frequently Asked Questions
How do I avoid bogus self-employment?
By making independence real, employing the worker, or adjusting the collaboration and the contract to suit independence.
Is a good agreement enough?
No. Practice counts too. If the working method deviates, an employment relationship may still be assumed.
When is it better to hire someone?
If the work is essentially a regular job, with authority and no entrepreneurial risk, then an employment contract is the purest option.
Getting your employment relationships in order?
Our legal experts review your arrangements and draft a suitable contract for services or employment agreement . View our employment lawteam or schedule a free consultation.
