For the self-employed and clients
Bogus self-employment test 2026
Self-employed or actually an employee? Answer 14 questions about how the collaboration works in practice and get an indication of the risk of requalification, with an explanation per criterion and tips. For the self-employed and clients.
Indication
| Factor (weight) | Points towards | Score |
|---|
Tips to reduce the risk
The score is not a probability in the statistical sense, but a weighted sum of your answers. See “How the score works” below.
How the score works
- Each answer gets a value: towards employee = 1, towards self-employed = 0, “partly” and “don’t know” = 0.5. Unanswered questions do not count.
- For each factor the average is taken; the risk score is the weighted average of the factors × 100 (weights below).
- Levels: low from 0 · medium from 30 · elevated from 50 · high from 70.
- Sector presumption: if you choose construction, security, transport, cleaning or agriculture and horticulture, the test counts how many of the 9 statutory criteria are met. More than half (5 or more) means a rebuttable presumption of an employment contract; the level is then at least elevated. If 5 or more criteria are not met, there is a rebuttable presumption of self-employment. For some sectors, specific criteria have been set by royal decree; they are not treated separately here.
- Platform work: 8 separate criteria apply to it (presumption at 3 of the 8 or 2 of the last 5); the test then shows a notice but does not count them.
- The weights are our own transparent choice based on the sources. Under the law no single criterion has value on its own; what matters is the combination of criteria.
- You see a result as soon as you have answered at least 10 of the 14 questions.
Explanation: bogus self-employment in Belgium
A bogus self-employed person works under self-employed status, but in reality carries out their activity under the authority of an employer. According to FPS Employment, the difference between an employee and a self-employed person is whether or not there is a relationship of authority. The Employment Relationships Act (Programme Act (I) of 27 December 2006, art. 328 to 343) assesses this with four general criteria: the intention of the parties, freedom to organise working time, freedom to organise the work and the possibility of hierarchical supervision. No single criterion has value on its own; it is the combination that counts.
In construction, security, transport, cleaning and agriculture and horticulture, a rebuttable presumption applies: if more than half of 9 economic criteria are met, an employment contract is presumed. Separate criteria apply to platform work. In case of doubt, the Administrative Commission for the Regulation of the Employment Relationship can give advice or a ruling. Want to know the cost difference? Use the calculator self-employed vs employee or calculate the employer cost of a salaried employee.
Frequently asked questions
What is bogus self-employment?
A bogus self-employed person has self-employed status but in reality works under the authority of an employer. On requalification, the rules of an employment contract and employee social security contributions apply.
Which criteria does the Employment Relationships Act use?
Four general criteria: the intention of the parties (if the performance matches it), freedom to organise working time, freedom to organise the work and the possibility of hierarchical supervision. There are also neutral and specific criteria.
When does the presumption of an employment contract apply?
In construction, security, transport, cleaning and agriculture and horticulture, an employment contract is presumed if more than half of the 9 statutory criteria are met, such as no financial risk, a fixed fee and working with the client’s equipment. The presumption is rebuttable and does not apply to family employment relationships.
What does the Employment Relationships Commission do?
The Administrative Commission for the Regulation of the Employment Relationship decides on request whether an employment relationship is that of an employee or a self-employed person. Since 2023 it can also give advice; advice is not binding.
Is the outcome of this test binding?
No. The test is an indication and not a decision by social security (RSZ), the inspectorate, the Commission or the court. In case of doubt, consult your social secretariat, social insurance fund or a lawyer.
Are my answers stored?
No. The calculation happens in your browser. We only count anonymously that the test was completed, without your answers.
Note: indication, not a legal opinion
This test gives an indication based on the general and specific criteria of the Employment Relationships Act. It is not legal advice and not a decision by social security (RSZ), the social inspectorate or the court; no rights can be derived from it. For certainty you can ask for advice or a ruling from the Administrative Commission for the Regulation of the Employment Relationship (in Dutch), or ask your social secretariat, social insurance fund or a lawyer. Not included: family employment relationships (the presumption does not apply to them), specific sector criteria set by royal decree and the 8 criteria for platform work.
Something wrong or missing? Let us know
Sources & values used
| Factor | Weight | Justification |
|---|---|---|
| Intention of the parties | 10% | General criterion (art. 333 Employment Relationships Act). Only counts if the actual performance matches it; hence a lower weight. |
| Freedom in organising working time | 20% | General criterion (art. 333 Employment Relationships Act). |
| Freedom in organising the work | 20% | General criterion (art. 333 Employment Relationships Act); replacement/own staff is also sector criterion g. |
| Possibility of hierarchical supervision | 20% | General criterion (art. 333 Employment Relationships Act): the possibility of supervision is enough, it does not have to be exercised. |
| Economic independence (sector criteria) | 30% | The 9 criteria of the presumption (art. 337/2) for construction, security, transport, cleaning and agriculture and horticulture; used as an indication outside those sectors. |
model choice The weights are not legal values but our own estimate based on the sources below.
- FPS Employment – Employment Relationships Act: employee or self-employed? (general criteria, presumption, 9 criteria, platform work) (in Dutch)
- Employment Relationships Commission – Bogus self-employment / bogus employment (advice or ruling) (in Dutch)
- Administrative Commission for the Regulation of the Employment Relationship (FPS Social Security) – self-employed or employee? (in Dutch)
- Employment Relationships Commission – Annual report 2025 (in Dutch)
Checked on 6 October 2026.