That question prompted the Gelderland District Court answered in the negative. The court concluded that the hairdresser was performing her work as a self-employed person.
Hairdresser's chair rental
The hairdresser in question entered into an agreement with the operator of a hairdressing salon in early 2019 called “Rental and Cooperation Agreement”. Chair rental is now a common construction in the hairdressing and beauty industry.
As of the end of April 2021, the operator terminated this contract. The hairdresser then claimed that there was an employment contract. She claimed equitable compensation in connection with the termination of the contract.
Entrepreneur
The court considered that the facts presented showed that the hairdresser made a conscious decision to become an entrepreneur at the start of the contract. She also subsequently acted as an entrepreneur by registering with the Chamber of Commerce and complying with the tax consequences of entrepreneurship. The profession of hairdresser is a craft, which can also be practised independently from the salon.
That there is not complete freedom of working hours and times, and that consultation is required for working on days other than those agreed upon, does not detract from this. In this case, the court sees that as a logical consequence of entering into a partnership. It does not in itself indicate employment.
The course of payment does not amount to payment of wages. Payment by the hairdresser's customers is made through the hairdresser's POS system and then a gross turnover amount is paid to the hairdresser each month. In the POS system, the payment by the customer is directly assigned to the hairdresser, so it is visible to her that it is her turnover.