When assessing whether someone is an employee or self-employed, entrepreneurship remains a criterion in its own right, in addition to whether someone is directed in the work and works at his or her own risk. Characteristics include, for example, whether someone pays VAT, invests in their own business or spends time and money recruiting clients. The bill Verduidelijking beoordeling arbeidsrelaties en rechtsverm presumption (Vbar) is adapted to the recent Supreme Court ruling in the Uber\/FNV case.<\/p>\n
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Bill Vbar Supreme Court ruling
<\/strong>In the current version of the Vbar bill, it looked at, on the one hand, 5 criteria around direction in work and, on the other, 5 criteria about working at one's own risk. Only when those criteria were balanced, it looked at whether a person acts as an entrepreneur outside the employment relationship. This is the so-called 'external entrepreneurship'. With the proposed change, external entrepreneurship is given full weight, in addition to management in the workplace and working at one's own risk.<\/p>\n
<\/strong>The Supreme Court recently indicated in the Uber\/FNV case that there is no order of precedence between the various points of view that may indicate an employment contract or self-employment. With the proposed amendment, the government brings the bill in line with this ruling.<\/p>\n