Mediating for freelancers as an agency

If you act as an intermediary between companies and self-employed professionals, you bring parties together without performing the assignment yourself. Document the mediation in a clear agreement, pay attention to the rules of the Waadi, and prevent the arrangement from being viewed as bogus self-employment or an employment relationship.

The intermediary as mediator

In a tight labor market, companies are increasingly engaging intermediaries to find staff or freelancers. If you act as an intermediary, you bring the client and the freelancer together; the assignment itself is concluded directly between the two. You earn a mediation fee.

Document the mediation properly

Include provisions in a mediation agreement for, among other things: exactly what you do, the fee and when it is due, exclusivity, and what happens if the client and the freelancer continue doing business without your involvement. Clear agreements prevent disputes regarding your fee.

Pay attention to the Waadi

The provision of manpower falls under the Labour Allocation by Intermediaries Act (Waadi), which includes, among other things, a registration requirement and the prohibition on hindering competition. Whether these rules apply depends on your role. Pure mediation (simply bringing people together) is different from the provision of manpower; assess your structure carefully.

Prevent bogus self-employment

If the self-employed professional is effectively engaged as an employee — under authority, performing personal work, and receiving wages — this may constitute an employment relationship, resulting in back taxes and risks for both the client and the intermediary. Ensure that the structure and working method are truly consistent with self-employment. A sound legal framework limits this risk.

Frequently Asked Questions

What does an intermediary do as a mediator?

He brings the client and the self-employed professional together; the assignment is established directly between the two. The intermediary receives a brokerage fee.

Does the Waadi apply to me?

That depends on your role. Pure mediation is different from providing labor. Assess your structure carefully.

How do I avoid bogus self-employment?

Ensure that the structure and working method truly align with self-employment: no hierarchical relationship like that of an employee. A good setup limits the risk.

Is your mediation structure legally in order?

Our legal experts draft mediation or assignment agreements and assess your structure. View our employment lawteam or schedule a free consultation.