In which cases is a work permit required and in which cases not?
A work permit is not necessary when employers have self-employed workers without employees and freelancers from the European Economic Area. (The EEA consists of the EU countries plus Norway, Iceland and Liechtenstein.)
Employers are only allowed to have self-employed workers from outside the EEA, if they hold a residence permit for self-employed workers.
Check whether or not a worker is self-employed
Some workers present themselves falsely as self-employed workers. The Netherlands Labour Authority checks whether people are actually self-employed. The determining factor here is whether the work is performed 'without a relationship of authority'. What matters most is whether the work performed by the person presenting himself as self-employed is performed under their own responsibility.
In addition, the Netherlands Labour Authority assesses all other facts and circumstances under which work is performed during inspections.
Does a relationship of authority exist or not?
Circumstances to determine a 'relationship of authority' include the following:
- Is the work performed entirely at the self-employed worker's own risk?
- Was a joint agreement drawn up beforehand and was the price negotiated beforehand?
- Is payment made directly and in full to the self-employed worker?
- Is the self-employed worker able to decide for themselves how the work is performed, and to what extent is the self-employed worker dependent on instructions and orders from the employer?
- Can the self-employed worker determine their own working hours?
- Does the self-employed worker work with their own tools and materials?
If the Netherlands Labour Authority concludes that the work is performed under the self-employed worker's own responsibility and without a relationship of authority, the worker is considered to be self-employed.
Assessment: employee (not self-employed)
If the aforementioned criteria are not met, the client is considered an employer and the person posing as a self-employed worker is considered an employee. This may imply that an employer who employs this person (or hires them through an intermediary) must have a work permit or a combined work and residence permit (single permit).