How to write a good assignment description for a freelancer
In short
Hiring freelancers (zzp’ers) remains possible, even now that the enforcement moratorium has ended and the VBAR Act may be introduced. However, it is up to the client to ensure that the assignment is suitable for a freelancer and that the engagement complies with applicable laws and regulations. A clear assignment description is the most important tool for this.
Why is a good assignment description important?
- Clarity: both parties know what to expect from each other. What exactly will the freelancer deliver?
- Preventing false self-employment: a clear, detailed description shows that the assignment is suitable for a self-employed professional.
For the description, HeadFirst Group uses the standard form Assignment Description for Self-Employed Professionals (Opdrachtomschrijving voor Zelfstandig Professionals), which is completed by the client. The questions in it are based on the Deliveroo ruling.
Obligation to achieve a result versus obligation to make an effort
This distinction is an important difference between a freelancer and an employee.
| Freelancer | Employee (falsely self-employed) | |
|---|---|---|
| Obligation | Obligation to achieve a result | Obligation to make an effort |
| What is promised? | A specific result within an agreed period | That an attempt will be made to achieve a result |
| Guarantee | On the result | Only on the effort |
So describe the assignment in terms of what is delivered, not in terms of what someone will do.
What should the assignment description cover?
The elements come from the Deliveroo ruling.
1. Nature and duration of the work
Describe the purpose and content of the assignment in as much detail as possible. State the reason for outsourcing (for example, is specific knowledge missing within the organisation?), the actual duration, and the desired result, including interim results and deadlines. A standalone project with a planned duration is a good fit.
2. Way of working and working hours
Is the freelancer free to decide where and when the assignment is carried out?
3. Embedding in the organisation
- Which specific knowledge and skills (qualifications) are used?
- Does the freelancer work as part of a team to achieve the result?
- Is a distinction made between employees and freelancers? Think of differences in welcome package, participation in company outings and events, gifts, and a different email signature with “a.i.” or “ext”.
- Can the freelancer carry out the assignment at their own discretion?
- Does the client provide tools and materials, or does the freelancer use their own?
4. Personal performance
Is the freelancer required to perform the work personally, or may they arrange a replacement if necessary?
5. How the agreements came about
The assignment came about by bringing supply and demand together.
6. Behaviour as a self-employed person
Does the freelancer bear commercial risks (for example, only hours actually worked are paid) and act as an entrepreneur (website, active on social media, Chamber of Commerce registration)? HeadFirst Group asks the freelancer about this using the Entrepreneur Check form (Ondernemerscheck).
Please note
- No direction and supervision. This must never be the case when engaging a freelancer.
- Limited instructions are allowed, but no steering or extensive instructions on how the assignment must be carried out.
- Team work is possible. A freelancer may work in, for example, SAFe, scrum or agile, as long as it is clear that the freelancer works fully independently and bears their own responsibility within the project.
- No progress or performance reviews. Talking about the progress of the assignment is fine, but the person’s performance is not a topic of conversation.
- Make it known that the person is a freelancer, for example in emails and towards employees. The freelancer must also behave accordingly, both during and outside the assignment.
Example of an unsuitable assignment description
The presentation gives an example of a Project Materials Manager role (twelve months, 36 hours per week). The description unmistakably points to embedding in the organisation, through phrases such as:
- “You are part of the local project team.”
- “You are the first point of contact.”
- “You have weekly contact with…”
- “You report to…”
- “You are an important linchpin in…”
Such wording describes a role within the organisation rather than a clearly defined assignment with a result. Describe what is delivered instead, and avoid role-based language.
Summary in five lines
- Describe an assignment with a result, not a job.
- Let the freelancer decide where, when and how.
- Do not treat the freelancer as an employee.
- Do not hold performance reviews.
- Complete the Assignment Description for Self-Employed Professionals form fully and concretely.