VBAR is being scrapped, the Self-Employed Persons Act is coming: what does the coalition agreement really say?

You have probably already seen it: the new coalition agreement. What is relevant in it for hiring self-employed professionals? It contains a clear message: self-employed professionals belong in a modern labor market in which the desire for autonomy is increasing. At the same time, D66, VVD, and CDA want more clarity about the boundary between self-employment and employment. That is the starting point for the course that is now being chosen.

The cabinet wants to introduce the Self-Employed Persons Act as soon as possible. This will not happen all at once, but in phases due to European obligations. The introduction is therefore deliberately being divided into steps so that it can keep pace with developments at the European level.

The first step consists of a combination of measures:

• The legal presumption of employment from the VBAR. It is explicitly stated that the clarification section will be removed from the VBAR. This means that the VBAR as a whole will not be implemented, but that one core component of it will serve as the starting point for the first phase. 
• Sectoral legal presumptions together with an assessment committee from the Self-Employed Persons Act. Sectoral legal presumptions indicate that specific principles may apply per sector, because practices vary from one sector to another. The assessment committee is intended as an additional assessment mechanism within the system of the Self-Employed Persons Act.

After this initial phase, the government wants to submit the rest of the Self-Employed Persons Act as soon as possible. The line is therefore clear. First, the legal presumption of employment, the sectoral legal presumptions, and the review committee will be introduced, after which the entire legal framework will be further elaborated and submitted.

The core of the agreement is that self-employment is explicitly recognized as part of the labor market, but at the same time there will be more structure and assessment around the question of when self-employment applies and when employment actually applies. 

What does this mean in practical terms?

For self-employed persons and clients, this is a signal to already take a critical look at the structure and documentation of the collaboration. Precisely because the first phase focuses on instruments that can more quickly determine the qualification of the employment relationship.

In short, you will still be able to hire self-employed persons in 2026, but the rules of the game will become more structured.

Do you have questions about hiring self-employed persons, the legal presumption of employment, or the structure of your contracts? Please contact one of our employment law specialists: Tessa Sipkema, Elke Hofman-Bijvank, or Dennis Oud.