VBAR Act: what does the VBAR bill mean?

The VBAR Act (Clarification of the Assessment of Employment Relationships and Legal Presumption) was recently submitted to the Dutch House of Representatives. The aim of the proposal is to provide more clarity on how working relationships are assessed, focusing on the determination of employee status.

To that end, the bill introduces the "WZOP test", based on three equally weighted criteria:

• Employee status criteria: factors that indicate an employment contract, such as work-related supervision and integration into the organisation
• Self-employment criteria: indicators of working independently, such as bearing financial risk
• Entrepreneurship criteria: external signs of entrepreneurship, such as having multiple clients or investing in your own business

Another element introduced in the VBAR Act is a legal presumption of employee status, for example when a worker’s hourly rate is below a certain threshold (as of 1 July 2025, this is €37). In practice, this could mean that self-employed workers earning below this rate, and who claim employee rights, may more easily be regarded as employees unless the client can prove otherwise.

We understand that this proposal may raise questions for you as a client when it comes to hiring FreeFlexers via Temper.

VBAR Act: what you need to know

• The bill is not yet law. It still needs to be discussed in the House of Representatives, then the Senate, and only after publication in the Official Gazette will it come into force. This process may take months or even years, especially with upcoming elections potentially slowing things down.
• The proposed VBAR Act has received significant criticism, including from the Dutch Council of State, which argues that it adds little to existing legislation and fails to deliver greater clarity. Political divisions remain. The VVD party has proposed an alternative bill (the Self-Employment Act) and has emphasised that the current VBAR Act leaves too little room for self-employment and lacks the necessary clarity.‍
• Until then, the current rules remain in place and the existing assessment framework continues to apply.

What would the VBAR Act mean in practice for clients?

• The proposal does not result in automatic reclassification of all self-employed workers. It only introduces a shift in the burden of proof, allowing workers to invoke a presumption of employment, for example when working below €36 per hour (normally, a worker would have to prove this status). This presumption can be rebutted by the client.
• The bill aims to enshrine the criteria from the Deliveroo ruling in law. These criteria involve a holistic assessment based on “all the circumstances of the case”. In the Temper case, the court recently ruled based on these same criteria that FreeFlexers do in fact work as independent contractors (read more here).
• For clients, this means that as long as you continue to work with care and follow the existing guidelines, your risk does not increase (read more here).

Legal presumption & conscious independence: why you can continue using Temper with confidence

• Legal certainty: In the Temper case, the court ruled that FreeFlexers on the platform work independently. This provides legal clarity for the current model
• Intentional choice for independence: Research shows that FreeFlexers on Temper actively choose this way of working, often alongside studies, parenthood or other jobs. Over 85% cite flexibility and autonomy as key motivators, and over 90% work with multiple clients each year
• Invoking the legal presumption: In 10 years of Temper’s existence, not a single FreeFlexer has claimed to have been wrongly hired as a self-employed worker. When a FreeFlexer expressed interest in employment, and we were aware, we welcomed it. The legal presumption can only be invoked by workers, and there's no indication this will suddenly change
• Minimal dependency: The vast majority of FreeFlexers are not dependent on a single client or on freelance income as their primary source of income. This matches the government’s requirements and supports their independent status
• Alternative not desired: 86% of part-time workers offered an employment contract declined. This confirms that this group chooses freelancing not out of necessity but out of conviction

VBAR Act: what can you expect as a client?

• As long as the bill has not been passed, nothing changes in how you collaborate with FreeFlexers.
• Temper will continue to monitor developments closely, stay in dialogue with policymakers and regulators, and ensure you can continue to use our platform safely and responsibly.
• If the bill is passed, we’ll inform you in good time of any impact and support you with any necessary adjustments.

Summary

• Nothing changes yet. The bill is not law and has limited political support
• Court confirms FreeFlexers’ independence. The current setup remains valid
• FreeFlexers consciously choose this model. Flexibility and autonomy come first
• Temper remains your trusted partner. We ensure safe and compliant platform use

Do you have questions or want to know more about the potential impact of the bill?
Feel free to get in touch with our team. We’re here to help.

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