Salaried workers salaried workers An agreement under which a worker is made available to a third party (the beneficiary) by the employer (the supplier) in the exercise or activity of that employer to carry out the work of the third party under the direction and supervision of the third party, in accordance with the instructions/instructions of the third party, the employer or supplier, will be considered an employment contract between the supplier (hereafter the Uitlener) and the acting worker (hereafter the “Uitlenende”). Temporary work agencies, employment agencies and labour associations are covered by this definition. What makes this question so difficult to answer? The main difficulty lies in the fact that the answer to the question depends on the existence of a “relationship of authority”. If they exist, there will in principle be an employment contract. The existence of a relationship of authority must take into account all the circumstances of the case and be weighed against it. For the average employer, this is already raising questions. But for platform companies like Uber and Deliveroo, the work available is divided between drivers and drivers through an algorithm-based application. In the case of Deliveroo, the company has expressly agreed with the drivers that they can decide for themselves whether they are available for work and refuse to deliver at any time (even shortly before delivery). They may also decide not to go to work, even if they have already booked a period (at work) without any consequences and can be replaced by a third party who can perform the work for them at any time. Is it possible that such a series of circumstances could lead to a relationship of authority? Independents and their clients can work on 3 types of standard models. These were developed by the Dutch Tax and Customs Administration (in Dutch only): this chapter examines the elements to be taken into account in determining whether an agreement between the parties should be qualified as an employment contract or a service contract.
Independent Contractor Agreement Netherlands