Dutch Supreme Court, 9 December 2011 LJN: BT7500
The Facts
In the period from 1978 until 1 June 2008 the contractor
performed work for the TROS on the basis of a contract for
services. At first, the contractor supplied contributions for
various radio programs. As of 1983 the contractor particularly
engaged in the editing of the daily medical reports on the TROS
page of teletext. Besides his work for the TROS, the contractor
worked some years as a part-time general practitioner until 2002.
As of 1 June 2008, the TROS stopped the medical column on teletext
and terminated the employment relationship. The contractor,
however, was of the view that he is an employee within the meaning
of Section 1 under b sub 2 of the BBA, so that the employment
relationship could only be terminated after having obtained
permission of the UWV. This Section stipulates, in short, that also
the person who personally performs labor for another party is
considered to be an employee, unless,
