Introduction – Start here
Checklist introduction
If you are based in the Netherlands and/or interested in the legal specifics in force in the Netherlands, please scroll down until below the first explainer video for specific information about the Dutch context!
To get started, I recommend that you watch the introduction video above, download the checklists and watch the explainer video below. If you have someone in your organization who usually prepares or checks contracts for staff or for freelance consultants make sure they join, too. In my experience, very often in smaller nonprofits this is the person who works on finance and admin. After all, these people also need to check any expenses and payments against the contract later on.
Now that you have everyone on board, and your checklists downloaded, let’s get started!
- Watch the introduction and the explainer video.
- Make notes of issues you may need to check.
- Grab a copy of an employment contract and of a contract with a self-employed or freelance consultant, if you have these. Highlight the key indicators as mentioned in the checklist with a marker.
- Look at the outcome of these scores: are your employees indeed employees and are your external hires indeed external hires if you look at the substance of your arrangements and agreements with them?
- If all is as you want it to be, GREAT! If not, make adjustments in line with the kind of arrangement you want to engage in with the person.
- Make a standard employment contract and a standard freelance consultant contract highlighting the key indicators for each, so that everyone involved in contracting will know that they cannot change these elements without checking with you first.
- Prepare simple instructions for staff involved in contracting.
I know this is simple and complex at the same time. Simple because it is not rocket science. But complex because it requires a detailed look at what you want to arrange and agree on. And because it has consequence for the legal status of the person you contract (whether they are employee or freelance consultant makes a difference to them, too). And that might make you nervous.
But don’t worry.
This is why I asked a professor of labour law to help explain all this. He has worked at Leiden University, teaching labour law and doing research on this, for years.
And we are here for you, in case of any questions.
If you need me, e-mail me or ask your question in my free nonprofit support community on Heartbeat. You can find this group here:
https://bit.ly/nonprofitsupportcommunity
Looking forward to seeing you there!
Suzanne
PS
Feel free to e-mail me with any questions! And don’t hesitate to share your thoughts with me, I am very interested in hearing about the challenges you face and the issues that are key to you! I would love to improve this checklist with your help!
Your checklist explained
Your checklist explained
Download your checklist
For our colleagues from the Netherlands prof Barentsen of Leiden University has made an additional explainer video, elaborating the specifics of the law and regulations in force there, referring to relevant case law and new developments.
If you are based in the Netherlands, you may know that the field of contracting freelance support has been undergoing changes in the past years. The lawmakers focus is on fighting so-called fake freelance contractors. In 2021 a new tool will be introduced to help make a distinction between fake and non-fake freelance hires. This and more is explained in the below video.
The checklist is made to fit the Dutch situation, too.
To get started, I recommend that you download the checklists and watch the introduction video and the general explainer video before you watch the video highlighting the Dutch context.
If you have someone in your organization who usually prepares or checks contracts for staff or for freelance consultants make sure they join, too. In my experience, very often in smaller nonprofits this is the person who works on finance and admin. After all, these people also need to check any expenses and payments against the contract later on.
Now that you have everyone on board, and your checklists downloaded, let’s get started!
- $Watch the introduction video, the general explainer video and the video with specifics of the Dutch context.
- $Make notes of issues you may need to check.
- $Grab a copy of an employment contract and of a contract with a freelance consultant, if you have these. Highlight the key indicators as mentioned in the checklist with a marker.
- $Grab your empty version of the checklist to score your contracts, based on what you highlighted.
- $Look at the outcome of these scores: are your employees indeed employees and are your external hires indeed external hires if you look at the substance of your arrangements and agreements with them?
- $If all is as you want it to be, GREAT! If not, make adjustments in line with the kind of arrangement you want to engage in with the person.
- $Make a standard employment contract and a standard freelance consultant contract highlighting the key indicators for each, so that everyone involved in contracting will know that they cannot change these elements without checking with you first.
- $Prepare simple instructions for staff involved in contracting.
I know this is simple and complex at the same time. Simple because it is not rocket science. But complex because it requires a detailed look at what you want to arrange and agree on. And because it has consequence for the legal status of the person you contract (whether they are employee or freelance consultant makes a difference to them, too). And that might make you nervous.
But don’t worry.
This is why I asked prof Barentsen to help explain all this. He has worked at Leiden University, teaching labour law and doing research on this, for years.
And we are here for you, in case of any questions. If it is easier for you to share your questions in Dutch, feel free to e-mail in Dutch!
If you need me, e-mail me or ask your question in my free nonprofit support community on Heartbeat. You can find this group here:
https://bit.ly/nonprofitsupportcommunity
Looking forward to seeing you there!
Suzanne
PS
Feel free to e-mail me with any questions! And don’t hesitate to share your thoughts with me, I am very interested in hearing about the challenges you face and the issues that are key to you! I would love to improve this checklist with your help!
Specifics of the law and regulations in the Netherlands
(updated Jan 2021)
Specifics of the law and regulations in the Netherlands (updated Jan 2021)