Are you wondering whether you are an employee or an entrepreneur?
Questioner
I am currently working in a shop without a contract. My 'employer' wants to add me to the VOF, for this he pays me €1800 per 4 weeks based on a 6 day workweek. After some research I am beginning to seriously suspect that this has no advantage for me, since as far as I understand I bear all the risks that come with being self-employed, including paying taxes, arranging for my own pension scheme, paying social security contributions, saving holiday pay and probably a number of other things that I am not currently aware of, and all this for the minimum wage of someone who is normally employed. I have been working for a few months now, but I increasingly get the feeling that I am being ripped off. Is this feeling correct? What could I reasonably claim in terms of earnings? As an entrepreneur, am I not entitled to a share of the profits, since I do share in the risk of, for example, bankruptcy (as far as I understand it), or would I be better off letting this whole arrangement pass me by and looking for a regular employer?Lawyer
It is one of two things: you are an employee with all the trimmings, including a decent salary, or you are an entrepreneur in the partnership and then you have the right to inspect the accounts and to an agreed share of the profit. However, you then also bear the risks.Lawyer
Whether you are an employee depends on the agreements and the actual course of events. I agree with Boogaard that a choice must be made between employee and entrepreneur. When I hear your story, I would not want to be a partner in this firm. It does not feel right. I would also tell the employer that you want to remain an employee. Looking around to see if you can find work elsewhere might also be a good idea.Neem de volgende stap
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