Placing freelancers with companies as an intermediary

If, as an intermediary, you place self-employed professionals with companies by accepting the assignment yourself and passing it on, you are both an intermediary and a contracting party. This entails additional responsibilities: you are part of the chain, with risks regarding liability, the Waadi (Dutch Act on the Placement of Workers), and bogus self-employment.

The intermediary as both intermediary and contracting party

Unlike pure mediation, in this structure you accept the assignment from the client yourself and then pass it on to a self-employed professional who performs the work. You therefore stand between the client and the self-employed professional and have entered into an agreement with both.

You are in the chain

As a contracting party, you bear responsibility within the chain. If the self-employed professional does not deliver properly, the client can hold you accountable; and you, in turn, must be able to hold the self-employed professional accountable. Therefore, align the agreements with the client and the self-employed professional so that obligations and liability run back-to-back and you do not fall between the cracks.

Pay attention to the Waadi and chain liability

The provision of labor falls under the Waadi (with a registration requirement and the prohibition on hindering employment). In addition, rules regarding chain liability may apply, for example for payroll taxes. Carefully assess your arrangement and properly document the agreements.

Prevent bogus self-employment

The same applies here: if the self-employed professional is effectively employed, an employment relationship may arise, resulting in back taxes and risks. Ensure that the self-employed professional works genuinely independently and that your contracts and working methods align with this. A sound legal structure protects you against reclassification.

Frequently Asked Questions

What is the difference compared to mediation?

In mediation, you bring parties together; here, you accept the assignment yourself and pass it on to a self-employed professional. You are then a contracting party in the chain.

Am I liable in the chain?

Yes, you are a contracting party. Ensure that agreements with the client and the self-employed professional align (back-to-back) to limit risks.

How do I avoid bogus self-employment?

Ensure that the self-employed professional truly works independently and that your contracts and working methods align with this, to avoid reclassification and additional assessments.

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