The foregoing summarizes some of the distinctions between an employee and an independent contractor under Dutch employment law. Understanding the distinction between an employee and an independent contractor begins with qualifying the agreement in force between the parties. There is not a decisive element for answering this qualification question. All the elements characterizing the relationship must be taken into consideration and assessed jointly. A few elements which have proven to be of importance in case law are the freedom of the worker, the nature of the remuneration and payment during vacation time, illness and leave.
It is important to realize, the initial parties’ intention can yield for a future manner of execution. The court must first decide on the parties’ intention, as it then must determine, based on the actual manner of execution if – other than the original parties’ intention – the manner in which the agreement is executed, leads to the conclusion that there is a different kind of agreement in force between the parties.