More and more people are working outside of permanent employment. However, the difference between working as a self-employed person or as an employee is not always clear. Whether you have a contract for services or an employment contract, that difference determines your rights and obligations. It is therefore important that you know where you fall under legally.
What is an employment contract
In the case of an employment contract You work as an employee for an employer. There is a question of wages, personal work, and authority. This means that your employer determines how and when you work and that you perform the work yourself.
As an employee, you are entitled to protection. This includes sick pay, vacation days, protection against dismissal, and often pension accrual. These rights are laid down in the law and usually also in a collective labor agreement. As a temporary worker it works just a little differently.
What is a contract for services?
Under a contract for services, you work as a self-employed professional for a client. You are not an employee and perform the work at your own expense and risk. In principle, you determine how you organize your work yourself and you can have multiple clients.
You arrange your own taxes, insurance, and pension. You also have no right to continued payment during illness or protection against dismissal. The Tax and Customs Administration explains when this applies. of working as a self-employed person and when not.
Practice is decisive
The type of contract you sign is not always the deciding factor. What is primarily considered is how the work is performed in practice. Do you have little freedom, do you work under clear instructions from your employer, and do you bear hardly any entrepreneurial risk? In that case, it is possible that, legally speaking, there is an employment contract after all.
This is important, because it determines whether you are entitled to employee protection or are considered self-employed. Employers and clients run a risk if they misjudge this.
What does this mean for you
Are you unsure whether you are working under a contract for services or actually have an employment contract? Then it is wise to have your situation properly assessed. Do not look only at your contract, but also at your daily duties and agreements.
Help from De Unie
Are you unsure where you stand legally, or do you want to avoid missing out on your rights? De Unie thinks along with you and provides clarity regarding your position. Contact the Service Center for personal advice so you know where you stand.
