Freelancers also deserve protection

United Freelancers (UF), the service created by ACV to support freelancers, is celebrating its fifth anniversary. And it has been a true success. Earlier this year, more than 3,000 people participated in a webinar for self-employed people who are just starting out. And many more have probably since watched it, as the webinar is still available on the website.

Raluca Aradoaei, who is in charge of its operations, looks back with satisfaction. “It’s fair to say it was a busy period. We not only had to organise the webinars, but also answer the individual questions from freelancers. And we had to address collective cases. Together with some young architects, we focused on wage and employment conditions, as well as work placements. Because the passion of young starters is sometimes exploited and they are underpaid for what they do.”

Individual service

Kevin Pletincx and Christophe Boribon are mainly responsible for the individual service and address members’ inquiries on a daily basis. “They review contracts, give advice to starters with questions, guide them when problems crop up and mediate with freelancers’ clients when there is a hitch. Many questions concern contract clauses, such as the non-competition clause. This seems to be an issue for many freelancers. They want to stop working for a certain client, but they can’t continue working in the same sector, because a clause in their contract prohibits them from working with their client’s competitors. We recently presented a case to the commercial court for a career coach working as a subcontractor and the non-competition clause in her contract was ultimately annulled (see box text). Because we will defend our self-employed members in court, just like we do for our ‘standard’ trade union members. We have noticed that many people talk about our service. This continues to be the best publicity for our service. One case leads to the next. It’s great. It’s an indication that we are on the right track.”

Collective interests

These consecutive individual cases also result in collective advocacy. “We have noticed that certain sectors are facing issues that go beyond an individual inquiry. In the sector of bicycle courier, for example, we have been working for years on the rights of platform workers, who we believe should actually be employees. Additionally, we established a minimum wage for freelancers in the cultural sector. And we are currently working with interpreters on guidelines for minimum wages in that sector. It’s no easy task. Negotiations are proceeding with difficulty. It all comes down to time and schedules. And individuality is also important to self-employed people. But we often see difficult situations, in which people are taken advantage of because of their passion. They love their job so much that they forget to set boundaries. And the clients use that to their advantage.”

“Often we see harrowing conditions of people exploited for the sake of their passion”

“This is also the essence of the activities we recently launched with architects. Up to a certain age, passion is enough to persevere. But after a while, you need more security to build your life. There is a problem if your passion is undermined by bad working conditions. That is what we are currently focusing on, together with Dear Architects and Belgian Architects United, which are groups advocating the same interests and considering us an experienced partner. We have only just started. I can already feel that it’s not going to be easy. It never is. But we will succeed, just as we did in the cultural sector.”

Pseudo self-employment

Pseudo self-employment is a tricky issue. Many freelancers are sometimes accused of undermining the employee status as pseudo self-employed people. “The prejudices are sometimes great”, knows Raluca. “And of course it is not UF’s aim to increase or support pseudo self-employment. But not every self-employed person offering their services to a company is pseudo self-employed. There are clear criteria distinguishing genuine self-employed people from pseudo self-employed people. Think, for example, of autonomy and pricing. And don’t forget: it’s not all sunshine for self-employed people either. They also have to contend with their clients sometimes. They have their own, specific issues, but there are often parallels with those of employees. In those cases, our know-how can be helpful to move forward and enter into dialogue.”

“It’s great to feel supported”

Elke* is a career coach. She helps people getting back to work after a burnout. Until recently, she worked as a subcontractor for a major career service provider. But when she wanted to work outside that cocoon, her client told her no and pointed to the non-competition clause in her contract. She wasn’t allowed to work on own account. “Fortunately, I remembered the United Freelancers letter I had once been shown by an acquaintance. Because I was no member of the trade union. But after looking around online, I found UF and contacted them for advice.” And she hasn’t regretted that decision. “They immediately took my case seriously. They understood and supported me. They talked with my client, but this didn’t really solve much. He didn’t budge. Eventually, we presented the non-competition clause to the judge. He annulled it.” Elke is very satisfied with the support she received from UF. “It feels great to be able to fall back on someone when things get tough, even as a self-employed person. It’s great that ACV provides this service. I’m glad that ACV has embraced this evolution. The reality is that more people are switching to self-employment. But even then, you don’t like being alone and may need back-up or support in case of conflicts with a client. That doesn’t only apply to those working as an employee.”

*Elke is a pseudonym

Author: Jan Deceunynck | Image: Daniël Rys