Customer case
Redesigning cooperation with self-employed workers
Customer case
Redesigning cooperation with self-employed workers
A large company used a large group of freelancers for an important part of its activities. This form of cooperation offered flexibility and made it possible to steer sharply on results, because success was rewarded above all else. And for a long time this worked well.
Changes in enforcement and regulations raised the question of the extent to which this structure was sustainable in the longer term. The organization wanted clarity on this in a timely manner, without prejudging any conclusions. There was also a growing desire to be able to manage the group more directly and to have it act more as a team and ambassador for the organization.
The organization reported to us with this issue for legal advice.
Analysis of the existing zzp structure
Our involvement began with an assessment of the existing setup. We examined the extent to which the collaboration with self-employed workers was legally and fiscally future-proof and what adjustments would be needed to continue this form.
The analysis showed that continuation on a self-employed basis would only be possible with radical changes in working methods, management and contracting. In practice, these changes proved to be ill-suited to the organization and its objectives, including the desire to operate more as a permanent team.
Choice of alternative
On that basis, it was jointly concluded that continuing with a modified zzp construction was not the most appropriate route. We then explored the possibilities offered by labor law to switch to employment contracts without abandoning essential principles.
Of particular importance to the organization were flexibility in deployment and maintaining a results-oriented pay structure.
Employment law setup
We then advised on the scope offered by labor law for flexible working and for setting up variable pay and bonus structures that primarily drive sales success. This included an explicit focus on managing employer risks and creating clear, workable agreements.
Based on these principles, a new labor law structure was developed to fit the organization and its way of working.
Commitment and implementation
Finally, we legally developed and established this structure. This included:
- drafting new labor agreements for different phases of the cooperation. For example, we looked at a lot of flexibility at the beginning of the collaboration, with the agreements becoming somewhat more fixed the longer the parties successfully work together.
- developing a staff handbook
- securing commitment, performance and reward agreements
Finally, we also contributed ideas on communication and making this construction attractive to the transferring self-employed workers.
Result
The organization now has a clear and legally tenable basis for the deployment of its team. There is clarity on the labor law position, while flexibility and performance-based work have been preserved as much as possible.
This case shows that questions surrounding self-employment, false self-employment and enforcement are rarely black and white. Often the question is not whether something should change, but what in practice best suits the organization and its objectives.
Do you have a similar issue and first want to understand the sustainability of your current structure? Then we would be happy to think along with you.
Expert on this customer case
Emilie van der Lans
Partner - Employment Law Attorney
Case study
In Line with Laws and Regulations
A client in the creative sector had worked for years with several freelancers who were structurally and full-time active for the company. Upon assessment, it appeared that the situation strongly resembled that of employees. We mapped the risk, revised the contracts, and partially converted the collaboration to employment contracts. This allowed the organization to continue the collaboration, but in line with laws and regulations and without unexpected fiscal or employment law claims.
Case study
In Line with Laws and Regulations
A client in the creative sector had worked for years with several freelancers who were structurally and full-time active for the company. Upon assessment, it appeared that the situation strongly resembled that of employees. We mapped the risk, revised the contracts, and partially converted the collaboration to employment contracts. This allowed the organization to continue the collaboration, but in line with laws and regulations and without unexpected fiscal or employment law claims.
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Employment law questions? We'll help you move forward
Would you like more insight into possible employment law concerns within your organization? The employment lawyers at Wessel Van der Lans Advocaten are happy to think along with you about a practical and workable approach.