Working conditions for self-employed professionals
Do you work as a self-employed professional (zzp'er) or as a freelancer in the Netherlands? You must comply with most of the rules in the Working Conditions Act (Arbowet) and the Working Conditions Regulation (Arboregeling). You also have to comply with all rules relating to serious occupational risks and hazards for third parties.
General working conditions rules for the self-employed
According to the general rules for working conditions for self-employed professionals (freelancer or zzp‘er, in Dutch), you must:
- prevent danger to others
- behave safely and responsibly to ensure your own and others’s safety
- prevent fatal or serious damage to health
- reduce and prevent serious occupational risks
- prevent other occupational risks. This does not apply if you work alone
The health and safety catalogue for your industry explains how you can work safely and healthily (in Dutch).
Working under authority
Do you have an assignment for which you cannot decide yourself how to organise your work? You have for example fixed working hours and get instructions? That is called working under authority. If you work under authority of your client, the working conditions for employees apply to you as well.
Health and safety rules for hazardous work
For hazardous work self-employed professionals are subject to the same health and safety rules as for employees. For example:
- working along roads
- working with machines
- working in places where there is a danger of collapsing, crushing, and squeezing
If you work as a freelancer/self-employed professional on your own, you are subject to rules concerning severe risks and hazards for third parties and yourself.
In a number of situations, additional regulations apply to freelancers/self-employed professionals, including rules governing the use of crop protection products or biocides or governing work in the construction sector. If you want to know which measures you can take to avoid dangerous situations, please contact your sector organisation. They can inform you about the exact working conditions regulations in your sector.
Working hours and rest times
As a freelancer/self-employed professional the number of weekly working hours is not restricted. You also do not have fixed resting times. Exceptions are if you work:
- under authority
- in transport
- in mining
- as a diver
In those situations you must comply with the rules and regulations concerning working hours and rest times from the Working Hours Act (Arbeidstijdenwet).
Inspection by the Netherlands Labour Authority
These working conditions for self-employed professionals apply if the Netherlands Labour Authority considers you to be a self-employed professional. This is the case if you are your own boss without employing staff and if you decide how to do the work. The Netherlands Labour Authority can give you a warning, or even fine you, if you do not comply with the occupational health and safety rules.
Hiring self-employed professionals
Do you hire self-employed professionals? Then you are considered an employer. You must keep to all the rules for employers, and you are responsible for good working conditions. You must give these workers the same protection against occupational hazards on the work floor as you do for your permanent employees. For example personal protective equipment. You must also inform them of the regulations and risks that concern your company.