3x safeguarding against risk in practice

Hiring external people involves a lot of laws and regulations. If the organization does not comply with this, there is a risk of fines from, for example, the tax authorities. As a hiring specialist, Brainnet indemnifies its clients against these tax, legal and employment risks. A great promise; what does that mean in practice?

With a fixed set of control measures, Brainnet guarantees complete hiring files for its clients and a hiring process that complies with current laws and regulations. Our responsibility for compliant hiring does not end once the external employee has been deployed.

1: Is the self-employed professional really a self-employed professional?

It's important to be sure that the hired self-employed professional is not regarded as an employee according to the legislator. During the deployment, hiring risks may arise if work is not carried out in accordance with the agreements in the model agreement. This may be the case, for example, if too detailed work instructions are provided or the self-employed professional turns out to be supervised and supervised. If the self-employed professional turns out to be employed, the Tax and Customs Administration can impose additional assessments and possible fines. This is laid down in the Deregulation Assessment of Employment Relations Act (DBA Act).

What does Brainnet do?

With our set of control measures, we minimize the risk in advance. We do this for example by:

  • To assess whether the assignment is really suitable for a self-employed professional;
  • To test whether the self-employed professional is really an entrepreneur with the entrepreneur test, Chamber of Commerce registration and the turnover distribution;
  • To use our own model contract approved by the Tax Authorities to interpret the employment law relationship.

Is the self-employed professional employed within the organization for more than 2 years? In that case, we check again as standard whether both the assignment and the entrepreneurship of the self-employed professional still comply with the DBA law.

2: Is the hirer's remuneration correct?

Employees are entitled to proper, full and timely remuneration. The Wet Aanpak Schijnconstructies (WAS) protects employees against underpayment and thus fair employers against unfair competition. Even if the employer hires external parties through a hiring specialist, the organization can be held liable for proper compliance with this law. The SZW Inspectorate of the Ministry of Social Affairs and Employment checks this.

What does Brainnet do?

Brainnet proactively checks compliance with this legislation every year. We do this by comparing the customer's collective labor agreement and/or salary scales with the pay slips of the external employee who is deployed via a supplier. If it does not match, we will contact the supplier to ensure proper compliance.

3. Real or fake document?

As an employer, it is important to ensure that reliable people work within the organization. With a screening, we check whether the stated identity is correct, whether training has actually been completed and whether there is no objectionable judicial history with a Certificate of Good Conduct (VOG).

What does Brainnet do?

Our Screening Department employees perform thousands of customer-specific screenings every year, making them experts in assessing documents for authenticity. Does the VOG statement appear to be forged? Then Brainnet will contact the necessary parties such as Justice and the police.

More information?

Want to be sure of a compliant hiring process with complete hiring files?

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