Prevent cartel formation as a self-employed professional

If you are self-employed and want to earn enough to cover your living expenses (known as the social minimum, in Dutch), you can collaborate with other self-employed individuals to make an agreement that your clients will pay you accordingly. The amount can be based on the welfare benefit provided to a single person. When determining this amount, you need to consider your hourly rate, work-related costs (such as travel expenses), and insurance costs.

Are you a small business owner? And do you want to make agreements with other small entrepreneurs? If so, this is allowed in some cases.

You can make agreements with other self-employed professionals in 2 situations:

• There are a maximum of 8 self-employed people involved in the agreements, and the combined annual turnover is not higher than €1.1 million.
• The combined market share of the group of self-employed professionals is not greater than 10%. The agreement must not have a negative impact on trade between EU countries.

You have been hired as a self-employed professional, but your work situation is more like that of an employee. You work under the direction of a client and alongside other employees who are on the company's payroll. Your client chooses the times and places where you work. The ACM sees this as false self-employment.

In this situation, you are allowed to negotiate the fees that your clients must pay you. You can do this with other self-employed persons, employees, employee organisations, and clients. You may also negotiate a collective labour agreement (CAO) with organisations. This can cover wages, working hours, workplace conditions, safety, and insurances.

You make agreements with other self-employed professionals that can have negative effects on competitors. For example, by setting a minimum price. You can only do this if you can prove that the agreement also has benefits. You must meet 4 conditions:

• The agreement ensures that each party receives a minimum amount for their work. You must be able to prove that this leads to more or better work. For example, by paying for a mandatory training or course.
• The improvement can only be achieved by making this agreement. There is no other way to do so.
• Your client also benefits from the agreement. For example, because the quality of your services improves.
• There is still room for competition. For example, in terms of quality, service, or speed. Or because not everyone participates in the agreement.

Does at least half of your average annual income over 1 or 2 years come from 1 client? Then you and other self-employed professionals may make agreements with the client about employment conditions. For example, the amount you charge for your work.

Do you do the same or comparable work for a client as employees on payroll? Then you and other self-employed persons may make agreements with the client about employment conditions. For example, the amount you charge for your work.

Do you need an online platform to offer your services? For example, as a driver or for cleaning services? Just advertising on a platform is not enough. You may then join other self-employed people in making agreements with the platform on working conditions. Such as the amount you charge for your work.

Do you and other self-employed professionals make agreements with a major client to strengthen your position? And does the company have at least 10 employees or an annual turnover of more than €2 million? Or does the client speak on behalf of an entire sector or industry? Then you will not be fined for agreements you make with the client along with other self-employed professionals.

Is there room for negotiation with a major client? For example, because you have certain expertise or because few people do the same work as you? Then you may not make any agreements with a major client unless one of the other situations applies to you.