Services
Independent Employment
Defining a business relationship based on the principles of independent employment can be beneficial for both parties.
As the principal is not bound by labour legislation, the focus of the relationship between the parties is, to a great extent, on contractual freedom. The contractor can offer his services to multiple parties and is therefore at liberty to organise his employment according to his own preference.
This form of business relationship is, however, not free of risk. Should the parties agree to enter into a business agreement on the basis of independent employment, and the relationship nevertheless exhibit characteristics of what labour law defines as a ‘relationship of authority’, the relationship may be designated as ‘ostensible self-employment’ and an employment contract will need to be drawn up.
An adequate review of the agreement and concrete implementation of the independent business relationship in practice is, in such cases, essential. Ardis can offer entrepreneurs the support they need to find and legally implement the business relationship model that is best suited to their situation. Ardis has built up extensive expertise in this, as can be demonstrated by its numerous publications in this field.
