Example 1
Suppose at some point additional work needs to take place within an organization, for example in connection with an activity that occurs once or occasionally, e.g. the handling of a stock exchange promotion. Everyone has their regular activities and there is actually no time for extra work. It is also often difficult to estimate how much time is involved.
Example 2
In addition to their actual main activities, every self-employed person regularly has to deal with additional administrative activities that are at the expense of their turnover-oriented activities. He also hardly gets around to extra activities, such as setting up and executing a marketing mailing or collecting information for a specific project.
Deployment of a free worker
In both examples and in many other similar situations, using a Free Worker can be the solution. For relatively short-term projects, hiring a temporary worker is often not an option because in principle they must be hired for at least a few weeks and cannot be sent home if the project is completed earlier than expected.
The usual practice is that the Work Provider (1)/Client submits the request for a Free Worker to a service company, a so-called Pool Company/Broker (2) that can supply Free Workers. The Free Workers have registered with the Pool Company/Broker for the pool of Free Workers. It is not advisable to make agreements directly with an independent worker, because the risk of a fictitious employment contract is then too great. The pool company selects as many candidates as necessary from the pool of Free Workers and presents them to the Job Provider/Client.
The Free Workers come to the Work Provider/Client at the agreed time for an introduction. The Work Provider/Client explains what the work entails and consults with the Free Workers at what times they will in principle come to work or, if the work can be done at home, when the work will be completed. A principle schedule may be agreed upon if the number of workplaces is limited. The agreed times are agreements in principle: the working hours are approximate and the Free Workers may deviate from the agreements made. However, it is a matter of normal mutual consultation that a Free Worker informs the work provider as soon as possible if he wishes to deviate from the agreements and, for example, cannot come to work at a previously agreed time.
Conversely, the Work Provider/Client can also substantively change the working hours at the job if it suits him and he can have the Free Worker stop work and send him home. He will also inform the Free Worker of the changes as soon as possible. It is up to the Free Worker whether he accepts those changes.
The Work Provider/Client only has to reimburse the hours actually worked. To this end, Free Worker keeps track of the times he works and, if necessary, what work he has done on a time sheet. The Work Provider checks the job sheet at the end of the week and sends the job sheet to the Pool Company/Brooker or pays the Free Worker if he or she has come to work directly for the job provider. If the Free Worker has carried out the work via a Pool Company/Broker, the Work Provider will send an invoice for the work carried out.
- We expressly do not speak of employer, because that term is linked to an employment contract (whether fictitious or not) and that is not the case here, see definitions.
- As far as we know, InDat Werkstandby is currently the only company that offers structurally Free Workers and is known as such to the tax authorities. If all parties adhere to the conditions, the tax authorities’ work provider will not have any problems because InDat Werkstandby covers this, see definitions.
