The new self-employed law on the Belgian model - better protection for freelancers?

The new self-employed law based on the Belgian model offers opportunities for the Dutch self-employed. In Belgium, they have given this a lot of thought. But if we in the Netherlands adopt parts of the Belgian legislation can we also start looking at the freelance market in Belgium? After all, it is well protected. Market protection is part of the law there.

Market protection for zzp'ers in the Netherlands?

In Belgium, it is forbidden to hire someone without an official contract - i.e. without an invoice or employment contract. This prevents individuals or hobbyists from distorting the market and provides self-employed people with more security of existence. This protection also makes it more feasible for freelancers in Belgium to invest in things like pensions or disability insurance. Hiring a private individual without status (not a self-employed person, not an employee) is legally illegal in Belgium and can lead to sanctions.

In Belgium:  Working without an invoice → not allowed.  Working without an employment contract → also not allowed.

What the Netherlands can learn from Belgium

A social safety net for artists and creatives has existed in Belgium for many years: the artwork certificate (formerly the artist status). This system recognises the irregular nature of cultural work and gives self-employed creators access to social securities such as benefits, pensions and insurance. Incidentally, this system is under pressure: plans to abolish the artist status are causing great unrest in the cultural sector. This highlights precisely how essential good legislation is for creative professions. The Netherlands lacks such a specific regulation. Freelancers fall under general zzp rules with little protection. Especially in sectors with low rates and a lot of competition, market protection - as in Belgium - can help self-employed people to be financially stronger. This makes it more feasible to save for retirement and disability. Without protection, freelancing remains vulnerable. If we want to make higher demands on the self-employed, rates will also have to rise. But that in turn leads to more pressure on volunteers and unpaid work. Because how expensive those freelancers are. This in turn could lead to fewer billable hours for professionals. One guess what will result from that.

Billable hours of freelancers

There are sectors where it is quite a challenge to be able to do a lot of paid work. This is a consequence of the free market and popularity of professions. Did you know that the average full-time professional photographer without a studio can bill for about 15 hours x 45 weeks (=675 hours per year)? And that an average journalist works 38 hours a week and can only bill for 23 hours a week? You can see more realistic billable hours in, for example, the Knab hourly rates booklet or the NVJ labour market monitor. What does not contribute to those billable hours are unpaid assignments. I see calls for unpaid work almost daily:

• Photographers - Asked for free photos. Or shoots at events, exhibitions or publications ("you get name recognition"). Examples like these often come up, such as this one from a cultural centre in Hendrik Ido Ambacht. Apparently, they forgot to budget some money for a photographer during the €8 million renovation.
• Designers and illustrators - for free logos, posters or corporate identities ("good for your portfolio").
• Musicians and DJs - to play at festivals, openings or in pubs ("you get in for free and get a beer!").
• Writers/journalists/bloggers - To provide articles to platforms without compensation ("you get visibility").
• Actors and dancers - in small productions or advertisements without payment ("nice experience").
• Video makers - asked for aftermovies or productions, often for exposure or an entrance ticket.
• Social media managers - often sought as volunteers at foundations or start-ups.
• Copywriters - Provide content for websites or marketing campaigns, often as a "guest blogger".
• Influencers (starting) - asked to promote free products without compensation.
• Museum and culture staff - asked to volunteer at exhibitions or archives.
• Artists - To provide work free of charge for exhibitions or décor.

Unpaid work is disastrous for freelancers.

Working without normal hourly compensation displaces paid assignments: why pay a blogger, writer, dancer, photographer or creative maker when there is always someone doing it for free too? Moreover, no tax is paid on unpaid work. The only beneficiary is the client. Often a company that cuts costs at the expense of people in sectors where it is already hard to make ends meet. In markets with high competition and low rates, protection is not a luxury, but a dire necessity. The Belgian model, in which working without an agreement is not allowed, offers inspiration. Let's think about such market protection in the Netherlands too. This way, we create space for freelancers to continue doing their work sustainably and to invest in a pension and disability insurance.