Skip to main content
Pillar
Verified · 9 Oct 2026Legally reviewed· PROFOYO redactie

Wet VBAR: what was dropped and what remains

In March 2026 the cabinet dropped the clarification part of the Wet VBAR — the so-called 5+4 framework, now outdated (verouderd). What remains is the presumption of employment below €38/hour (bill 36.783): passed by the Tweede Kamer on 21 April 2026, pending in the Eerste Kamer. Today the Wet DBA and the Deliveroo criteria apply.

In this article(8)

Dropped: the clarification part (5+4, verouderd)

Fixed criteria ('5+4', now verouderd), including 'embedding', were meant to decide employee vs self-employed. Dropped in March 2026 — do not use it as a test.

Remains: the €38 presumption (bill)

Below **€38/hour** an employment contract is presumed. Bill 36.783 passed the Tweede Kamer on 21 April 2026; the Eerste Kamer has yet to vote. Not yet in force.

What applies today?

The **Wet DBA**, fully enforced since 1 January 2025, penalties since 2026, assessed with the **nine Deliveroo factors** (Supreme Court, 24 March 2023).

Next: the Zelfstandigenwet

A new bill with a self-employment test and a work-relationship test. Consultation 1–29 October 2026; planned 1 January 2028.

What does this mean for you?

  1. 1Stop assessing on the 5+4 framework (verouderd)
  2. 2Assess on the Wet DBA and Deliveroo criteria today
  3. 3Check whether rates are above €38/hour
  4. 4Follow bill 36.783 in the Eerste Kamer
  5. 5Record how, when and where work happens per relationship

Examples

Risky example

A report scoring relationships on '5+4 criteria' — outdated (verouderd) since March 2026.

Good example

A file per relationship documenting the Deliveroo factors, with dates and evidence.

Frequently asked questions

Related terms

Aligned with Belastingdienst guidelines. This platform provides compliance guidance, not legal advice.

Ready to prevent misclassification?

Start today with PROFOYO and protect your position.