Your partner in false self-employment and ZZP issues
What are flexible forms of employment?
Flexible forms of employment are working arrangements that differ from the traditional permanent employment contract. Employers increasingly opt for these arrangements to respond quickly to market changes and fluctuating staffing needs. Flexible forms of employment include:
- Temporary and secondment contracts.
- On-call contracts.
- Freelance agreements.
- Management agreements.
With temporary and secondment arrangements, staff are employed through an external party, such as a temp or secondment agency. Strict rules under the Allocation of Labour by Intermediaries Act (WAADI) apply, including the right of temporary workers to equivalent employment conditions and the prohibition on obstruction.
On-call contracts are typically used for irregular work patterns. Examples include zero-hours contracts and min-max contracts. The Balanced Labour Market Act (WAB) and Transparent and Predictable Employment Conditions Act (WTVA) have significantly strengthened the legal position of on-call workers.
A freelance agreement governs the working relationship between clients and freelancers. Freelancers are often self-employed without staff (zzp’ers). Freelance agreements carry the risk of false self-employment and reclassification: the agreement may legally be regarded as an employment contract, with all associated employment law and tax implications.
A management agreement is a specialised type of freelance agreement, often concluded with managers or directors of an organisation.
Our experience with flexible forms of employment
Our employment law solicitors have extensive knowledge and experience in:
- Drafting, reviewing, and optimising flexible contracts in line with current legislation and regulations.
- Advising on and supporting issues regarding temporary and secondment contracts, on-call contracts, and freelance agreements.
- Identifying risks of reclassification of employment relationships by the tax authorities when using freelancers.
- Handling disputes regarding the classification, formation, execution, or termination of flexible employment relationships.
When should you consult a solicitor regarding flexible forms of employment?
- When drafting new (model) contracts or legally reviewing existing agreements.
- For questions about temporary and secondment contracts and compliance with WAADI.
- When advice is needed on the correct classification of a working relationship, for example when engaging freelancers or managers.
- For disputes between employer and employee concerning employment terms or classification of the flexible employment form.
- In cases of reclassification of the employment relationship.
- For enforcement, inspections, or additional charges by a government body, such as the tax authorities.
Our approach
Our employment law solicitors adopt a personal and results-oriented approach to best protect your interests. Our process includes:
- A personal introduction with a thorough analysis of your situation and the legal considerations;
- Practical, tailored advice on flexible arrangements in accordance with current legislation and case law;
- Drafting or reviewing bespoke contracts, accompanied by clear explanations for HR and management;
- Legal assessment and risk analysis of existing and planned flexible contracts;
- Support and representation in legal proceedings if necessary.
Why choose our specialists in flexible forms of employment?
- Extensive knowledge of all relevant flexible employment forms and their legal basis.
- Practical and solution-oriented advice for medium and large organisations.
- Swift and careful handling, with attention to commercial interests.
- Considerable experience in guiding projects, negotiations, and legal proceedings in case of disputes or enforcement issues.
If you have questions about flexible forms of employment, want your contracts reviewed, or need new agreements drafted, please contact our employment law specialists.