Are you a zzp'er if your hourly rate is less than 38 euros?

  • KVK Editors
  • Q and A
  • 5 June 2026
  • 1 min
  • Starting, Managing and growing
  • Rules and laws

Are you a zzp'er and is your hourly rate less than 38 euros? If so, it will be easier to prove that you are an employee rather than a self-employed person. Under a new measure, such a low hourly rate gives rise to a ‘legal presumption of employment’. The client may then be required to take you on as an employee, if you wish.

The government introduces this measure to protect zzp’ers who work in a situation that resembles employment: false self-employment. As a self-employed professional, you have to save for your own pension, and make arrangements for sickness or incapacity for work. The government thinks you do not make enough money to do those things if your hourly rate is below circa 38 euros. The exact rate still has to be decided, but it will be around that sum. 

A low hourly rate is allowed

Is your hourly rate lower than 38 euros, and are you content with that? In that case, nothing changes for you. You are allowed to charge a low hourly rate. You are still free to come to an agreement with your clients yourself. The new measure does not automatically make you an employee if you earn less than the set rate. 

Unhappy about your hourly rate?

Is your hourly rate lower than 38 euros and would you rather work as an employee? Then the new measure will make it easier to prove that you are in fact an employee. If your client does not want to hire you, you can take them to court.

The judge looks at your situation (in Dutch) to decide whether you are an employee or a self-employed professional. For example, how much freedom you have to do the work as you see fit and whether you run entrepreneurial risks. And due to the new measure your hourly rate now also counts towards that decision. 

Insured against risks

Does the judge decide that you are an employee? Then your client has to hire you. That way, you are insured against certain risks. For example, if you fall ill you will continue to be paid. And you cannot be dismissed without a valid reason.If the client does not want to hire you, they have to prove to the court that you are in fact hired as a self-employed professional. 

The proposal for the new measure will likely be adopted by the Eerste Kamer (Upper House of the States General) in time for it to come into force on 1 January 2027. 

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