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🇳🇱 Netherlands · HR & staff

Freelance / Self-Employed Services Agreement (ZZP Modelovereenkomst)

Agreement of assignment (overeenkomst van opdracht) with a self-employed contractor (ZZP'er), drafted to reflect genuine independence and reduce the risk of requalification as an employment relationship (schijnzelfstandigheid) under DBA enforcement.

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Country
🇳🇱 Netherlands
Category
HR & staff
Language of the text
EN
Version
1

⚠️ This is a blank template, not legal advice: check the wording with a lawyer and adapt it to your jurisdiction and your case.

This template has no optional clauses: the text is the same for everyone. Field placeholders are shown as labels — on the site the template is read-only, values are entered inside the system.

Document

AGREEMENT OF ASSIGNMENT (OVEREENKOMST VAN OPDRACHT) ZZP / self-employed contractor — article 7:400 Burgerlijk Wetboek "BW", drafted with regard to the Wet DBA (Wet deregulering beoordeling arbeidsrelaties)

Between: Client (company) name (KvK Client KvK number), the "Client", and: Contractor (ZZP'er) name (KvK Contractor KvK number), the "Contractor", an independent self-employed professional (ZZP'er) acting in the exercise of their own business.

1. NO EMPLOYMENT RELATIONSHIP INTENDED 1.1. The parties expressly intend to enter into an agreement of assignment, NOT an employment contract. Neither party intends to create a relationship of authority (gezag), and the Contractor is not embedded in the Client's organisation in the manner of an employee.

2. ASSIGNMENT 2.1. Assignment / deliverable 2.2. Term: from Start date to End date (or until the assignment is completed).

3. INDEPENDENCE INDICATORS 3.1. Right of substitution: Right of substitution. 3.2. Tools, materials and business risk: Tools, materials, and business risk. 3.3. The Contractor determines their own working method and hours, subject only to reasonable coordination necessary for the assignment, and is free to perform work for other clients.

4. FEE AND INVOICING 4.1. Rate: Rate, on the basis of: Rate basis. 4.2. Invoicing terms 4.3. Payment term: Payment term (days) days from the invoice date.

5. DBA ENFORCEMENT — PRACTICE OVER PAPER 5.1. ⚠️ Since 1 January 2025, the Belastingdienst actively enforces against schijnzelfstandigheid (disguised employment). The Belastingdienst no longer approves new modelovereenkomsten; previously approved model agreements remain valid at most until the end of 2029, but what ultimately matters is the ACTUAL working relationship, assessed against criteria such as authority (gezag), embeddedness in the organisation (inbedding), the right of substitution, and entrepreneurial risk (the "Deliveroo criteria"). Signing this agreement does not by itself guarantee that the relationship will be treated as self-employment. In 2026, enforcement consists primarily of visits and warnings; back-assessments follow financial reviews. 5.2. The Client and Contractor must ensure that day-to-day practice matches sections 1 and 3 of this agreement.

6. LIABILITY FOR REQUALIFICATION 6.1. If the relationship is nonetheless requalified as employment, the parties will cooperate in good faith to settle any resulting payroll tax and social security consequences as required by law.

SIGNATURES Client ______________ / on behalf of Client (company) name / Contractor ______________ / Contractor (ZZP'er) name /

— — — ⚠️ This is a boilerplate template, not legal advice. Dutch employment, consumer-protection, data-protection, and health & safety law (Burgerlijk Wetboek Boek 7, Arbowet, AVG/GDPR) is detailed and actively changing through 2026–2028 (Wet meer zekerheid flexwerkers, modernisering van het concurrentiebeding, renewal of CAO Horeca after 31 December 2026) — have this document reviewed and adapted by a Dutch employment/legal advisor (jurist/advocaat) before use. Where a Dutch-language version of this document is also used, the Dutch-language version prevails in case of any conflict.

Fields of the document

Fields that belong to a switched-off clause are dimmed — they are not asked for.

  • Client (company) nametextrequired
  • Client KvK numbertextrequired
  • Contractor (ZZP'er) nametextrequired
  • Contractor KvK numbertextrequired
  • Assignment / deliverablelong textrequired

    Describe the result to be delivered, not a fixed set of working hours/instructions

  • Rateamountrequired
  • Rate basischoicerequired
  • Right of substitutionchoicerequired
  • Tools, materials, and business riskchoicerequired
  • Start datedaterequired
  • End datedateoptional
  • Invoicing termslong textrequired

    Contractor invoices with BTW (VAT) as an independent business, not paid via payroll

  • Payment term (days)numberrequired

In Cenaly this template fills itself in

0 of 13 fields are taken from the company, employee or counterparty record, the questionnaire can be dictated to the AI, and the finished document comes with a number, a PDF and an acknowledgement record.