In employment vs independent: check your position

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Aside from the three elements of the labor agreement, the purpose of parties can also be taken into consideration in the assessment whether or not there is a case of employment. The purpose of parties is to determine whether or not employment was intended.

The purpose of parties does need to be in line with the factual execution of the agreement. This means that all agreed upon matters in the agreement to provide will need to comply with the factual execution.  

The intention can be mentioned explicitly mentioned, but as mentioned above the facts and circumstances also offer footing for the assessment whether or not it is a case of a labor agreement. An old, but still important ruling regarding the party intention and the factual execution is the ruling Groen / Schoevers, HR 14 November 1997, NJ 1998/149

Legal presumption labor agreement

When, after testing the three elements of the labor agreement and the intention of the parties is still not clear or a labor agreement exists, article art 7:610a BW can offer a solution. This article states that during a period of three months of which at least twenty hours per month has been worked for the client, the legal presumption develops that there is a labor agreement. It is up to the employer/client to prove otherwise.

If you have further question or you want us to help you determine whether or not a labor agreement exists, please do not hesitate to contact us at info [at] +31204123507.