FNV will go to court if the government does not enforce the Deregulation Assessment Employment Relations Act (DBA), which is intended to combat bogus self-employment at companies such as Uber. They make this known in a letter to Minister Van Gennip of Social Affairs and Employment and State Secretary Van Rij of Finance. The union wants a response before 22 February.

The DBA Act was introduced in 22, but the enforcement of this was soon discontinued. Vice-chairman of FNV Zakaria Boufangacha states that the government has allowed companies to hire bogus self-employed persons for six years now, while there is talk of being an employer. “That has also been confirmed time and again in lawsuits we have filed against those companies. We now finally want to have closed this easy escape route.”

Clients could be held liable under the DBA Act if someone is treated as a self-employed person, while in fact work is done on the basis of an employment contract. After all, taxes and premiums have to be paid. FNV has since 2021 urged the government several times to enforce the law. The union did this after court rulings ruled that food delivery companies Deliveroo were not self-employed. In the meantime, the FNV has also won on appeal in this case.

A generation of bogus self-employed people is growing up The union has September 2021 also won in the lawsuit against Uber. Drivers who work for the platform company therefore had to be hired immediately. So far, however, Uber has not responded to this. According to Boufangacha, the government could and should have intervened three years ago, after the Deliveroo ruling. “But because the government did not do that at the time, platform companies could continue to shift their employer responsibility to meal deliverers, cleaners, taxi drivers and catering staff.”

According to him, it is totally undermining for the labor market and the rule of law if court decisions are not followed. “Labour relations are bound by rules, otherwise it will become a wild west. A generation of bogus self-employed people is now growing up who do not even know what an employment contract is and have zero security. And the government is doing itself – and with it society – many tens of millions short of uncollected premiums.”

Quick solution of great importance According to the FNV, it is very important that a quick solution is found. If the minister and the state secretary have not provided an adequate response to the letter before 22 February, the union will also consider a proceedings against the State. “Because of the systematic failure of enforcement and the mismanagement that the government has so far shown around the bogus self-employed,” said Boufangacha.

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