NL Times reported on November 5 that a Dutch advisory body has criticized a government bill meant to define who counts as a genuine freelancer. The Advisory Board on Regulatory Burden (ATR) says the plan may create more uncertainty, not less.
US freelancers aren’t subject to Dutch rules. The debate still mirrors a global fight over contractor status, and anyone who serves European clients can learn from it.
What The Bill Actually Does
Minister Thierry Aartsen of Work and Participation drafted the bill to define “bogus self-employment,” work that should be under an employment contract. It offers two tests. One asks whether the person works as a true entrepreneur who chooses when and where to work. The other looks at the relationship between the freelancer and the client.
A freelancer who meets the criteria and follows them in practice would not need to fear fines or tax assessments. The Netherlands passed its bogus self-employment law in 2016 but started enforcing it in 2025. A court ruling that Deliveroo couriers should count as employees triggered that shift.
Aartsen says the bill will give independent contractors more clarity. Many businesses avoid hiring contractors because they fear a bogus self-employment finding. Many freelancers have stopped working independently for the same reason.
Why This Matters For Self-Employed Workers
The ATR found that the bill clarifies the rules only for people who meet both criteria. Everyone else stays under the current rules, which caused the confusion in the first place. The board also objected that freelancers must repeat the assessment whenever the client relationship changes, calling that step “unnecessarily burdensome.”
Aartsen said he read the advice with “raised eyebrows.” He still expects the bill to cut regulatory burden. The dispute shows a core problem: status depends on how the work happens day to day, not on what the contract says. Freelancers elsewhere face the same logic under tests like the New Jersey ABC test.
The ATR also noted that it’s hard to provide certainty before an assignment starts. A verdict depends on how the work happens in practice. The board questioned whether the bill adds real value and warned that regulatory burden could rise, the opposite of the bill’s goal.
What Self-Employed Workers Should Do Next
If you serve Dutch or other European clients, ask each one how they classify your work. Keep records showing you control your hours, tools, and methods. Those facts matter more than any contract label.
US freelancers can use the same habit. Write down how each engagement runs and update the notes when the scope changes. A short file for each client costs little and can protect you in an audit or a dispute.
What To Watch Next
The bill still has to clear both houses of the Dutch parliament. If lawmakers adopt it unchanged, it could take effect as early as 2028. Watch for amendments that answer the ATR’s concerns.
Business formation tells part of the story too. Our report on Dutch freelancer startups jumping in the third quarter shows that freelancers keep launching despite the enforcement push. If the ATR’s criticism holds, more of them may consider switching to employment.
Photo by SumUp: UnSplash
