Dark abstract background symbolizing sophistication in design - Sparagus.
Purple Elipse - Sparagus
5 min

What is false self-employment, and how do you avoid it?

False self-employment is when someone registered as self-employed in fact works under the authority of a client, like an employee. In Belgium, it is assessed on four general criteria: the will of the parties, freedom to organise working time, freedom to organise the work, and the possibility of hierarchical control. If the reality contradicts the contract, the relationship can be requalified as employment. A binding ruling can be requested before you start.

Freelancing
Employees
Employers
Summarize with AI

When is a freelancer actually an employee?

When there is a relationship of subordination. An employee works under an employer’s authority, a self-employed person does not. The parties are free to choose the status, but they must then work in line with it, as the Administrative Commission for the Regulation of the Working Relationship puts it.

Calling someone a freelancer in the contract is therefore not enough. If the day-to-day reality looks like employment, the label does not protect either side.

‍

What are the four criteria?

The Commission assesses subordination with four general criteria:

  • The will of the parties, as written in the contract, provided it matches how the work is actually done
  • Freedom to organise working time: a fixed schedule, holidays that need approval and absences to justify point to employment. Timesheets kept for invoicing do not, on their own
  • Freedom to organise the work: precise task definitions and instructions from a line manager point to employment. General guidelines linked to the result do not
  • The possibility of hierarchical control: being exposed to internal sanctions or having to report like an employee. The possibility alone is enough

No single criterion decides. They are weighed against the reality of the relationship. Specific presumptions exist in some sectors, such as construction, security, transport, cleaning and agriculture, but not in IT.

‍

What happens if the relationship is requalified?

It becomes an employment relationship. After a decision by the Commission, the requalification applies for the future, and the social security institutions carry out the regularisations: the client owes employer contributions to the ONSS, and late declarations can lead to surcharges and sanctions, according to the Commission.

A court or a social inspection can also requalify a relationship. The risk is mostly the client’s, but the freelancer is affected too. Assignments where an agency places people in a client’s team raise a related question, covered in our definition of staff augmentation, and secondment is the employee-side equivalent.

‍

How do you stay on the right side?

In practice: invoice per day or per deliverable rather than receive a fixed monthly amount, keep control of your schedule and holidays, take instructions on the result, not on how you organise yourself, use your own equipment where possible, and work for more than one client over time when you can.

If your situation is unclear, you or your client can ask the Commission for an opinion or a binding ruling, before the relationship starts or within a year of its start. A ruling binds the ONSS, INASTI and the social insurance funds. The contract chain behind most assignments is described in how freelancing through an agency works.

Most recent
Questions

Purple Elipse - Sparagus
WIKI
November 5, 2026
How does freelancing through an agency work?

When you freelance through an agency in Belgium, the agency signs a contract with the client and a separate subcontracting agreement with you. You invoice the agency, the agency invoices the client. Your rate, payment term, notice and liability are set in your own contract. By law, a payment term between businesses cannot exceed 60 calendar days, and the default is 30 days.

Freelancing
Employees
Employers
MORE INFO →
Purple Elipse - Sparagus
NEWSLETTER

Stay up-to-date

By subscribing to our newsletter, you agree to receive communications in accordance with our privacy policy.

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.