Why the new SZW brochure doesn’t help

The Dutch Ministry of Social Affairs recently published a new brochure titled “Self-employed: Yes or No?” aiming to clarify when freelancers can or cannot be engaged. Each sector gets a straightforward example, followed by a bold conclusion: “YES, this work can be done by a freelancer” or “NO, this is employment.” Sounds helpful. But that’s precisely the problem.

Because in the obvious cases, like a food delivery rider working in employment, or an entrepreneur with their own clients and risk, the situation was already clear. No one in the market needed a brochure to figure that out.

What’s missing? Clarity in the grey areas

These are exactly the kinds of situations businesses and freelancers face every day. Perhaps it’s unintentional, or maybe it serves a political agenda, but the brochure clashes with what the Supreme Court ruled in Deliveroo and Uber about assessing employment status. And that makes this publication a barrier for thousands of real, independent professionals.

Too simplistic for real life

The examples on page 6 make this painfully clear. The strategy consultant? “Freelancer, because they deliver a plan of action.” The interim manager? “Employee, because the work is structural.”

But real life is more nuanced. And so is the legal framework. The Supreme Court says you must always look at the full picture—all relevant circumstances together.

Whether someone is self-employed doesn’t just depend on what they deliver. Nor does it hinge solely on whether they work alongside employees or are integrated into the organisation. It’s about the full context—and entrepreneurship is a valid part of that. The brochure oversimplifies that judgment. And that’s a missed opportunity.

What the market actually needs

No one needs a reminder that warehouse workers are employees. What people do need is clarity on the grey areas, such as:

• Can you hire a lawyer to cover a maternity leave?

• What about an interim advisor embedded in a team?

• Or a professional who works long-term assignments, but has multiple clients over the years?

Those are the real questions. That’s where the uncertainty lies. That’s where businesses and freelancers need solid, reliable guidance. But that’s where this brochure falls short.

Conclusion

The Ministry’s intention is good: more clarity on self-employment. But the chosen method, binary yes/no judgments based on isolated traits, misses the mark. It adds little where things were already clear. And it sows confusion where nuance and care are most needed.

Our advice to hiring managers and HR professionals:
In the absence of new legislation, don’t rely on government brochures. Assess working relationships using the full legal picture. The Supreme Court provides the right framework—and that framework says: take a broad view and weigh everything.

Because self-employment isn’t defined by a single characteristic. It’s about how the work is done, and under what conditions.

Need help figuring it out? That’s what we’re here for. Happy to help. Contact Laurens Trietsch.