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Non Employment Certificate for the Netherlands

Non Employment Certificate Template for Netherlands

A Non Employment Certificate is a formal document used in the Netherlands to establish and confirm the independent contractor status of a business relationship between a service provider and a hiring company. This document, governed by Dutch law, particularly the Wet Deregulering Beoordeling Arbeidsrelaties (DBA), serves as a crucial legal instrument to prevent misclassification of employment relationships and ensure compliance with Dutch tax and labor regulations. It includes detailed declarations about the nature of the business relationship, responsibilities of both parties, and confirmations regarding tax and social security arrangements.

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Non Employment Certificate

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What is a Non Employment Certificate?

The Non Employment Certificate has become increasingly important in the Dutch business landscape as authorities intensify their focus on preventing false self-employment (schijnzelfstandigheid). This document is essential when engaging independent contractors in the Netherlands, providing clear documentation of the business relationship's nature and helping both parties demonstrate compliance with Dutch labor and tax laws. It typically includes declarations about the contractor's independence, business operations, tax responsibilities, and working arrangements. The certificate is particularly relevant in light of the DBA legislation and helps protect both parties by clearly establishing the independent nature of their professional relationship. Companies often require this document as part of their risk management strategy when engaging external service providers.

What sections should be included in a Non Employment Certificate?

1. Parties: Identification of the contractor and the company, including full legal names, addresses, and registration details

2. Background: Context of the relationship and purpose of the certificate

3. Definitions: Key terms used in the certificate, including 'Services', 'Independent Contractor', and other relevant terminology

4. Declaration of Independence: Explicit statement confirming the independent contractor status and absence of employment relationship

5. Nature of Relationship: Detailed description of the business relationship, emphasizing contractor's independence and control over their work

6. Contractor Obligations: Confirmation of contractor's responsibility for taxes, insurance, and business operations

7. Company Non-Control: Statements clarifying that the company does not exercise employer-like control over the contractor

8. Tax and Social Security Status: Confirmation of contractor's responsibility for tax payments and social security arrangements

9. Representations and Warranties: Contractor's confirmations regarding business status, qualifications, and compliance

10. Governing Law: Specification of Dutch law as governing law and jurisdiction

What sections are optional to include in a Non Employment Certificate?

1. Industry-Specific Declarations: Additional declarations required for specific industries or sectors

2. Multiple Client Declaration: Confirmation that contractor works for multiple clients, used when establishing clear independent status

3. Equipment and Resources: Declaration regarding ownership and provision of work equipment, relevant when distinguishing from employment

4. Substitute Provision: Right to provide substitutes for the services, supporting independent contractor status

5. Professional Liability: Specific arrangements regarding professional liability and insurance, important for high-risk sectors

6. Intellectual Property: IP arrangements specific to the contractor relationship, relevant for creative or technical work

What schedules should be included in a Non Employment Certificate?

1. Schedule 1 - Service Description: Detailed description of the services provided by the contractor

2. Schedule 2 - Business Information: Contractor's business details, including registration numbers and VAT status

3. Schedule 3 - Compliance Documentation: Copies or references to relevant licenses, insurances, and certifications

4. Appendix A - Risk Assessment: Assessment of employment relationship risks under DBA legislation

5. Appendix B - Model Agreement Reference: Reference to any approved model agreement (modelovereenkomst) being used

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Netherlands

Document Type

Employment Form

Cost

Free to use
Relevant legal definitions






























Clauses




























Relevant Industries

Information Technology

Construction

Professional Services

Creative Industries

Healthcare

Management Consulting

Engineering

Education

Marketing and Communications

Financial Services

Relevant Teams

Legal

Human Resources

Finance

Procurement

Compliance

Risk Management

Operations

Project Management Office

Vendor Management

Relevant Roles

Freelance Consultant

Independent Software Developer

Self-Employed Project Manager

Interim Manager

Independent Business Analyst

Freelance Designer

External Trainer

Independent Healthcare Professional

Freelance Marketing Specialist

Self-Employed Financial Advisor

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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