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The colleague who has to forcibly take all those back owed unemployment insurance premiums and no longer deductable business expenses from the affected cabbies

The colleague who has to forcibly take all those back owed unemployment insurance premiums and no longer deductable business expenses from the affected cabbies has my deepest sympathies. Probably a few personal bankruptcies coming out of that.

Xylakant 5y ago
I’m not sure how that works in the Netherlands, but in germany the risk of “Scheinselbständigkeit” which is probably the closest common analog resides nearly completely with the employer. The legislature wants to strongly discourage this behavior on the employer side. The best-case result for they employer is that the can deduct the employees share of social security from the last three wage payments, but no further. And that best case requires that there is no fault of the employer, which is a rare case. Given that European law is fairly well aligned when it comes to labor law, I’d be surprised if there’s an option to substantially dip into the cabbies past payments.
- the-dude 5y ago
  > Given that European law is fairly well aligned when it comes to labor law, Is it? My impression is different. Do you have any links?
  - ChuckNorris89 5y ago
    It's not well aligned. EU law sets some minimum bars every state has to clear, like 20 paid vacation days etc. but every state, can and does have it's own set of laws on top of the EU minimums. Before you get to EU courts, you have to clear the local ones first.
- wila 5y ago
  In Dutch that is "schijnzelfstandigheid" and it exists here too [1]. However it certainly is not just a risk for the employer, also for the employee. If you should have been marked as an employee, but have been submitting your taxes as a company then you have also profited from tax benefits in accordance with that company status. It's pretty important to get this right. [1] https://ondernemersplein.kvk.nl/schijnzelfstandigheid-voorkomen-met-dba-voor-zzpers/ https://ondernemersplein.kvk.nl/schijnzelfstandigheid-voorko...

Xylakant 5y ago

I’m not sure how that works in the Netherlands, but in germany the risk of “Scheinselbständigkeit” which is probably the closest common analog resides nearly completely with the employer. The legislature wants to strongly discourage this behavior on the employer side. The best-case result for they employer is that the can deduct the employees share of social security from the last three wage payments, but no further. And that best case requires that there is no fault of the employer, which is a rare case. Given that European law is fairly well aligned when it comes to labor law, I’d be surprised if there’s an option to substantially dip into the cabbies past payments.

the-dude 5y ago
> Given that European law is fairly well aligned when it comes to labor law, Is it? My impression is different. Do you have any links?
- ChuckNorris89 5y ago
  It's not well aligned. EU law sets some minimum bars every state has to clear, like 20 paid vacation days etc. but every state, can and does have it's own set of laws on top of the EU minimums. Before you get to EU courts, you have to clear the local ones first.
wila 5y ago
In Dutch that is "schijnzelfstandigheid" and it exists here too [1]. However it certainly is not just a risk for the employer, also for the employee. If you should have been marked as an employee, but have been submitting your taxes as a company then you have also profited from tax benefits in accordance with that company status. It's pretty important to get this right. [1] https://ondernemersplein.kvk.nl/schijnzelfstandigheid-voorkomen-met-dba-voor-zzpers/ https://ondernemersplein.kvk.nl/schijnzelfstandigheid-voorko...