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What can a client do when a freelancer becomes ill during an assignment?

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Substitution is not the client’s only option when a freelancer becomes ill. The parties may agree to pause the assignment, change its scope or delivery dates, arrange another professional, or end the Service Agreement. The client may also exercise an existing termination right. However, illness does not automatically permit immediate termination. Between professional parties, the agreement may restrict early termination or require notice and a financial settlement. An independent freelancer has no automatic right to the statutory sick pay available to employees. Payment depends on the agreement, the services delivered and applicable contract law. Completed work and other accrued payment rights do not disappear because the freelancer becomes ill. The classification question comes first. If the relationship is legally employment, statutory salary continuation, reintegration obligations and dismissal protection may apply. Calling the agreement a freelance contract does not remove those rights. For clients and freelancers, the practical task is to establish the correct status, identify the continuity options and document the chosen solution before stopping payment or ending the relationship.

1. Why must employment status be checked first?

A person working under an employment contract generally has statutory rights to salary during illness and protection against dismissal during the first two years, subject to applicable exceptions and conditions. An independent freelancer does not receive those employee rights merely because the assignment involves personal work. 

The reverse is equally important. A contract described as an agreement for services may legally be employment. 

The assessment considers the whole relationship: the organisation of work and working time, authority, personal performance, remuneration, commercial risk, organisational integration and entrepreneurship. 

Explanation

The client must establish which legal rules apply before deciding whether it can stop payment or terminate. Evidence from the period before the illness matters. Replacing the contract after a sickness notification does not change how the relationship previously operated.

2. Which continuity options are available?

The parties can consider: 

  • Substitution. Another qualified professional performs the agreed services under the contractual replacement arrangements. 

  • A temporary pause. The parties agree revised deadlines and identify what happens to payment and reserved capacity. 

  • A reduced or revised assignment. Work that remains possible continues; other deliverables are postponed or removed. 

  • A separate replacement engagement. The client contracts another professional and agrees how the original assignment will be reduced, transferred or closed. 

  • Termination. The parties agree an end, or a party exercises an available termination right. 

A replacement should not start without clarity about qualifications, access, confidentiality, responsibility and invoicing. 

Explanation

There is no requirement to pursue substitution in every case. The appropriate route depends on the service, urgency, likely interruption and existing agreement. A contractual substitution right must be respected. Any approval should follow the agreed conditions rather than an unrestricted refusal that makes replacement impossible.

3. Can the client terminate during the freelancer’s illness?

Under Article 7:408(1) BW, the starting rule is that a client may terminate an agreement for services. 

Professional parties can modify that rule. Their contract may require notice, restrict termination during a fixed term, prescribe particular grounds or contain a specific incapacity provision. 

There is no general statutory rule allowing termination after five consecutive sick days or another fixed interruption. Such a period must come from an applicable agreement.

Explanation

Check the contract before sending notice. A fixed end date does not necessarily exclude early termination, but illness does not override an agreed restriction. Where the contract is silent, the circumstances may still affect how termination can be exercised.

4. What remains payable during illness or after termination?

There is no automatic employee sick-pay entitlement under an independent Service Agreement. The client must still examine: 

  • fees for completed services; 

  • payment through an authorised substitute; 

  • fixed-price deliverables; 

  • retainers or reserved capacity; 

  • agreed expenses; 

  • cancellation or termination payments. 

Notice and payment are separate questions. An agreement may remain in force during notice without creating a right to charge every unworked hour.

Explanation

Termination does not automatically erase the freelancer’s payment rights. Equally, an agreed notice period does not automatically guarantee the full remaining fee. For example, a freelancer paid solely for hours performed may have no fee for missed hours. A completed milestone or an agreed capacity reservation requires a different assessment.

5. What does the personal-care judgment illustrate?

In ECLI:NL:RBZWB:2025:5745, the court treated a personal-budget-funded care arrangement as an agreement for services and rejected the disputed sickness-payment claim.

Explanation

The judgment illustrates how classification changes sickness rights. Its private care context limits comparisons with ordinary business hiring.

6. How does the handling of illness reveal misclassification risk?

Illness can expose contradictions between contract and practice. Relevant questions include: 

  • Was the freelancer required to attend personally at times set by the client? 

  • Could the freelancer organise delivery or propose a substitute? 

  • Did payment depend on services, availability or a fixed monthly amount? 

  • Did the client manage absence and return to work as it would for personnel? 

  • Did the freelancer operate an independent business before becoming ill? 

Explanation

Sickness is a useful review point because it makes the allocation of personal responsibility and commercial risk visible. No single response decides status. Voluntary payment during illness does not automatically create employment. Refusing payment does not prove independence.

7. What should the parties agree and record?

The Service Agreement should address interruption notifications, affected deadlines, substitution, payment, termination, handover and final settlement. 

When illness occurs, record the operational consequences and the chosen solution. A pause should be agreed; statutory suspension requires a separate legal basis. A classification review alone does not authorise withholding payment. 

Request the information needed to organise delivery, rather than unnecessary medical details. 

Explanation

A useful record identifies what can still be delivered, by whom, by when and at what price. For clients, this supports continuity decisions. For freelancers, it preserves evidence of completed work, commercial arrangements and outstanding fees.

8. Actionable compliance takeaways

  • Verify employment status before applying freelance sickness provisions. 

  • Check substitution, interruption and termination terms. 

  • Respect agreed replacement approval criteria. 

  • Identify the termination basis and applicable notice. 

  • Calculate accrued fees and early-termination remuneration separately. 

  • Record any agreed pause or revised scope. 

  • Review personal attendance requirements and control over delivery. 

  • Preserve the continuity decision, handover and final settlement. 

Sources

Disclaimer

The information provided in this article is for general informational and educational purposes only and does not constitute legal, tax, or employment advice. Labor and classification regulations (such as the Dutch Wet DBA and EU directives) are highly complex, fact-specific, and subject to frequent changes and changing administrative policies. Reading this content does not create an attorney-client or advisory relationship with Zooly. Before making any decisions regarding contractor engagement, compliance frameworks, or classification policies, you should always consult a qualified local employment lawyer or tax professional. Zooly accepts no liability for any actions taken or decisions made based on the information provided on our website.

Editorial Note & AI Disclosure

In compliance with Article 50 of the EU AI Act, we disclose that artificial intelligence (AI) tools were utilized to assist in compiling, legal screening, and drafting this content. However, to ensure absolute legal precision and contextual accuracy regarding compliance topics, the final text has undergone full human editorial review and rigorous manual verification by the Zooly compliance team before publication.

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