Hiring freelancers: rules and false self-employment risks
Flexible scaling without sleepless nights, that is the intention. But there are rules when hiring self-employed workers. In this guide, you will briefly and concisely read the rules about hiring freelancers, what changes in 2025 for hiring self-employed persons, and the risks & consequences of false self-employment for employers. Plus: how we fix it practically for you.
What falls under the 'self-employed hiring rules'?
Call it the traffic rules of the flexible layer. This is what it essentially comes down to:
No authority relationship
The freelancer carries out an assignment, not “a function”. You provide the what and when, not the how (no hierarchical management as with employees).No organizational embedding
Is the work a structural part of your core process, in your normal schedules, with fixed team lines? Then it leans toward employment.Entrepreneurial characteristics
Possibility of replacement, own planning/resources where appropriate, working at entrepreneurial risk (not hourly-invoice under the guidance of your team leader).Contract ≠ excuse
A model agreement helps, but the Tax Authorities look at the actual practice. Paper is the map; behavior is the path.
How long can you hire a freelancer?
There is no fixed “maximum X months” rule in the law. The duration by itself is not decisive; the setup is. Two rules of thumb:
Project-based & bounded (clear scope, start/end, result) = safer.
Filling structural gaps in your staffing with self-employed workers, under your supervision, in your normal schedules = risk zone.
In short: you may hire for a long time, as long as the collaboration truly remains entrepreneurial. As soon as it actually starts to resemble paid employment, you run DBA risk, regardless of the duration.
2025 approaching: what changes when hiring self-employed workers?
Towards 2025, the government is working on clearer assessment (including "embedding") and stricter enforcement. Expected: more focus on practice over contract language, and more active action in case of doubtful cases.
Risk of apparent self-employment for the employer (and the consequences)
Bogus self-employment is like running a red light: sometimes it goes well, until it doesn't.
Financial: additional assessments for wage taxes/premiums + possible employer fine for pseudo-self-employment.
Operational: suspend assignment, reduced capacity.
Reputation: less attractive for talent and clients.
For the Tax Authorities, the overall picture counts: authority, embedding, replacement, entrepreneurial risk. That is the DBA risk for the client in one sentence.
Practical: this is how you set up freelance hiring safely
A little pub logic helps: clear agreements, and everyone sticks to them.
Choose the right route for each role
Temporary employment / salaried employment Through us: you have flexibility, we are the legal employer.
Freelance assignment: only where entrepreneurship truly fits.
Define the assignment
Clear scope, deliverables, start/end, consultation moments, quality criteria.Use a suitable model agreement
And let practice follow these agreements (management, replacement, own working method).Ensure independence in practice
No internal hierarchy, no standard company schedules, no mandatory tools unless functionally necessary.Review periodically
Roles and working methods can shift. Evaluate and adjust.
How we take care of you (without system ceiling language)
Qualification scan before start: we test role, process, and management.
Contract & onboarding: model agreement where possible; otherwise through the temp route.
Monitoring: we follow policy/enforcement and update where necessary.
Speed: request today, proposal tomorrow. Flexible, but DBA-proof.
One metaphor too many? Last one then: you tap the beer, we check if the pipes are working.
Sparring about your flexible workforce?
Schedule a free DBA check. We review your roles, give advice (freelancer or temporary agency), and set it up to be dummy-proof against false self-employment, so you can scale up without worries. Get in touch!