6.1.2015

'End of false self-employment is in sight - and that's good for them,' NRC Handelsblad Jan. 6, 2015

End of false self-employment is in sight - and that's good for them. The pseudo self-employed deserve protection, not a cartel ban. Good that the Court of Justice confirms that

The Court of Justice ruled on Dec. 4 that minimum rates for bogus self-employed workers may be part of collective agreements. In our labor law, the possibility for social partners to also agree on conditions of employment for workers who are not employees, such as zzp'ers, has existed for some time. When FNV Kunsten, Informatie en Media (FNV KIEM) made use of this possibility in the negotiations for the collective agreement 'remplaçanten bij symfonieorkesten 2006 -2007 ' by agreeing on minimum rates for self-employed workers, the then Dutch Competition Authority (NMa) protested. According to the NMa, this possibility in labor law to set minimum rates in a collective agreement did not mean that this was also allowed under competition law. In short, the NMa held that zzp'ers qualify as entrepreneurs and agreements on minimum rates as a price agreement.

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