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Sham self-employment of self-employed workers and what about dismissal law in case of absenteeism?

Anders Denken Podcast with Suzanne Meijers: false self-employment of zzp'ers and what about dismissal law in case of absenteeism?

What you need to know about false self-employment and all about dismissal law (in case of absenteeism)

In 2025, the Tax Authorities will enforce harder on false self-employment among self-employed workers. What does that mean for self-employed workers and organizations, but also important: how can false self-employment be prevented? And what are the characteristics of a self-employed person? Another important topic is dismissal law. Because what about dismissal law for an employee in absenteeism? And what should organizations consider in terms of dismissal law? Employment lawyer Suzanne Meijers provides detailed answers to all these complicated questions in a new episode of the Anders Denken Podcast.

Sham independence

As the Internal Revenue Service begins to crack down on false self-employment, it is good to consider when this applies and when it does not. "There are three main conditions for determining whether there is an employment contract between a client and a contractor: wages must be paid, labor must be performed, and the work must take place under the authority of a client." The last condition in particular sometimes involves a gray area. "The authority criterion is often the stumbling block in determining whether someone is a true self-employed person or a sham self-employed person. Companies and zzp'ers will have to look closely at these three conditions and take into account nine criteria set by the law to recognize a zzp'er."

Meijers sees that tight labor market contributes to the fact that there are many false self-employed. "There are many people who say they want to be self-employed. At the same time, organizations are struggling with staff shortages. Should an organization therefore refuse those self-employed people anyway? These are situations where things sometimes fray." In the podcast, Suzanne Meijers therefore advises organizations and self-employed workers to think carefully about what the collaboration looks like and whether it does not lean too much toward false self-employment.

Dismissal law for an employee in absenteeism

In episode #23 of the Anders Denken Podcast, Suzanne Meijers also discusses dismissal law in detail. "Employees are very well protected in the Netherlands and there is a ban on termination for absentee employees." However, there are some exceptions, Suzanne points out. "Should an employee call in sick, an employer will have to call in a company doctor so that they can assess whether or not a absent employee is unfit for work and whether or not to continue building a file. Another important point is if a company doctor writes in the report that there are work-related factors underlying the absence, such as a conflict. That is not yet immediately a reason to talk about dismissal, but an employer can enter into conversation with the employee to discuss whether things will ever get cozy again. Sometimes it's better to just say goodbye to each other."

Dismissal law is complex, especially when dealing with absentee employees or situations with disturbed relationships. "When relationships are so disturbed, it may be necessary to bring in a third party. Labor law is not black and white, and psychology often plays a big role in the relationships between employers and employees. I think that's what makes employment law so interesting. I always advise HR professionals and employers to seek legal advice before making major decisions. A common mistake is that managers make decisions too quickly without following the proper procedure."

Suzanne's comprehensive explanation of the changes in self-employment and severance law offers valuable insights for self-employed individuals, employers and HR professionals alike. Listen to the latest episode of theAndersThinking Podcast.

Listen to a new episode of the Anders Denken Podcast every last Thursday of the month. This podcast stimulates, informs and inspires in the field of Sustainable Employability.

Anders Denken podcast - Suzanne Meijers
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