The Senate has passed the bill introducing a legal presumption of an employment contract based on an hourly rate. This bill amends Book 7 of the Civil Code by introducing a legal presumption of employment in cases where the hourly rate is low. The aim of this measure is to better protect low-paid self-employed people, who are often vulnerable workers, against bogus self-employment.
Threshold and goal
The legal presumption applies to self-employed people who earn less than €38 per hour (as at 1 January 2026). The introduction of this presumption makes it easier for these self-employed workers to assert their legal status as employees vis-à-vis their employer and, if necessary, in court.
Implications for clients
When self-employed workers invoke this legal presumption, clients must prove that there is no employment contract. If clients cannot prove this, the situation constitutes bogus self-employment. In that case, the self-employed person is entitled to the protections afforded to an employee, such as the right to continued pay in the event of illness and protection against dismissal.