Vbar bill submitted: legal presumption remains, entrepreneurship fully taken into account
11-07-2025
On July 7, 2025, the Minister of Social Affairs and Employment submitted the bill on clarification of the assessment of employment relationships and legal presumption (“Vbar”) to the House of Representatives. This proposal has already been discussed several times in previous Legal Updates. In short, the bill aims to provide more clarity on the criteria for distinguishing between employees and self-employed persons.
What preceded this bill?
In the original bill, the concept of ‘external entrepreneurship’ (i.e., the outward behavior of the worker) was only relevant if the agreements within the working relationship did not provide a clear answer. In November 2024, the Council of State strongly criticized the original bill, stating that it would only make a limited contribution to combating bogus self-employment.
Furthermore, in the Uber ruling (in February of this year), the Supreme Court ruled that, under current law, there is no hierarchy of criteria for assessing the employment relationship.
What role does external entrepreneurship play in the amended Vbar bill?
In the bill that has now been submitted, the ranking of the criteria has been removed, meaning that external entrepreneurship will be taken into account directly in the assessment. External entrepreneurship refers to activities outside the employment relationship, such as actively recruiting new customers. The minister emphasizes that the bill does not change the existing criteria for assessing the employment relationship, but merely clarifies them on the basis of current case law.
Will the legal presumption of employment remain part of the Vbar bill?
The introduction of the legal presumption of employment for workers who earn less than a fixed hourly rate (in 2025: €36) remains unchanged. If they invoke this presumption, the client must demonstrate that there is no employment contract. The hourly rate is adjusted annually and follows the indexation of the minimum wage.
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