Overeenkomst van opdracht

More and more work is being done by self-employed people without staff. The so-called zzp-er. These people can be deployed flexibly in times of shortage and are not tied to an employment contract. This can have enormous advantages for both the organization and the self-employed person. The organization can temporarily take on extra work, can have specialized delineated assignments performed and the collaboration can be discontinued without any difficult issues. The self-employed person on the other hand has a lot of freedom and often earns a higher hourly rate than as an employee. This collaboration is shaped by a contract of assignment between the client (the company) and the contractor (the self-employed).

The difference from an employment contract

The most characteristic difference from an employment contract is that a contractor is not “employed” by his client. That is, there is no relationship of authority. The contractor must be free to carry out the assignment at his own discretion and responsibility and is not under the authority of a superior. He may also agree to be replaced by someone else. The contractor often has several clients and he provides his own tools and instruments to perform his work. He also bears the risk of unemployment and disability himself and pays his own income tax and social security contributions. Unlike an employee, a self-employed person does not enjoy protection against dismissal.

Obligations of client and contractor

Is there a contract of assignment? If so, both parties have several obligations after signing the agreement. Among other things, the client is obliged to pay a reasonable fee for the contractor’s work. The contractor in turn pledges to perform the work properly and thoroughly. Separately, both parties have an obligation to inform themselves properly about the distinction between an employment contract and a commission contract. As of January 1, 2025, the Inland Revenue can again enforce on false self-employment and retroactively claim missed payroll taxes from parties or impose fines.

Termination of assignment agreement

Unlike an employment contract, the client can in principle terminate the assignment agreement at any time. However, the termination must be in accordance with the agreements made between the parties. Agreed notice periods or other notice conditions must be respected. If termination is irregular, the terminating party may be liable to pay damages. Unless the client is a private individual. The contractor cannot simply lay off work. Unless it is so agreed. If one of the parties fails to fulfill their obligations, there is a breach of contract and the contract can be terminated with a registered letter giving notice of default to the other party.

Drafting or reviewing an agreement

Fruytier Lawyers in Business can advise you on the appropriate form of collaboration. Would you like to have a contract of assignment drawn up, or are you unsure whether you should offer an employment contract or contract of assignment? Then contact one of our specialists.