IT hiring in government is not ordinary hiring. You deal with the Roemer norm that caps external hiring, with strict enforcement of the Dutch DBA Act, and with procurement rules. How do you hire the IT expertise you need in that context, without running into trouble?
In this article you will learn which rules apply to IT hiring in the public sector, which risks play a role, and how to approach it smartly. That way you navigate the extra requirements that apply to government, and still hire effectively.
This blog is for clients within government: procurement officers, IT managers and project leaders at central government, municipalities, provinces and implementing organisations.
I place IT freelancers and follow developments around government hiring closely. This is general information; for procurement-law or tax questions, consult a specialist in that area.
What makes IT hiring in government different?
Government is bound by rules that private clients do not have. Think of the Roemer norm that caps external hiring, procurement rules that prescribe how you put assignments to the market, and political pressure to work less with externals. On top of that comes the Dutch DBA Act, which plays out sharply precisely in government.
That makes government hiring more complex and sensitive than private hiring. You must not only find the right IT professional, but do so within frameworks that are constantly under political attention. Those who know those frameworks can work well with them; those who ignore them run into problems.
What is the Roemer norm and what does it mean for you?
The Roemer norm holds that external hiring should not exceed about ten percent of personnel costs. The norm has long been under political attention, and there is pressure to further reduce external hiring in government in favour of permanent staff.
For you, this means your hiring must be justified and targeted. Hiring external IT expertise is allowed and possible, but you must be able to substantiate why you do it externally and not internally. So focus your hiring on specialist, defined expertise you do not have in house, instead of structurally filling capacity.
Why does the Dutch DBA Act play out sharply precisely in government?
Government is explicitly named as a sector where freelance hiring became almost the norm, and where relatively much disguised employment occurred. As a result, the public sector is under a magnifying glass in Dutch DBA Act enforcement. A telling example is that some government organisations have considerably scaled back their use of freelancers.
That means you must be extra careful at government with how you hire. An assignment that looks like employment is even riskier here than elsewhere. So steer on a defined result, avoid embedding, and make sure the practice matches the contract. Want to know how that assessment works? Read our guide to the 9 assessment factors of the Dutch DBA Act.
What about procurement and the assignment agreement?
Contracting authorities often have to put hiring to the market via formal procedures, and choose the legal form of the collaboration carefully. A commonly used form is the assignment agreement, where you award an assignment without authority and supervision over the person, which fits independent hiring.
The distinction between genuinely hiring an assignment and hiring capacity under your direction is crucial here, both for procurement law and for the Dutch DBA Act. In addition, the Labour Provision Admission Act brings extra regulation around making labour available. Get advice on the legal form choice from a specialist; this is an area where the details matter.
How do you approach IT hiring in government smartly?
By setting up your hiring in a targeted, defined and demonstrably independent way. Hire for a concrete result or a specialist expertise you do not have internally, not for structural capacity. That way you stay within the Roemer thinking and stand strong under the Dutch DBA Act.
A few principles for responsible government hiring:
- Hire for defined, specialist expertise, not for structural capacity
- Substantiate why external hiring is needed instead of internal filling
- Steer on result, avoid embedding and an authority relationship
- Choose the right legal form, such as an assignment agreement
- Get advice on procurement and form choice from a specialist
A specialised intermediary who knows the government context can help by proposing the right, demonstrably independent IT professional and safeguarding compliance in the background. That way you hire the expertise you need, within the frameworks that apply to government.
Frequently asked questions about IT hiring in government
Can government still hire freelancers?
Yes, it can, as long as no disguised employment arises and you stay within the applicable frameworks. The Roemer norm caps the scale of external hiring, and the Dutch DBA Act sets requirements on the nature of the relationship. Targeted hiring for defined, specialist expertise remains possible and common.
What exactly is the Roemer norm?
The Roemer norm is the principle that external hiring should not exceed about ten percent of personnel costs. The norm is under political pressure and there are voices to further reduce external hiring. Responsible, targeted hiring fits within that thinking.
Why is government extra strict on the Dutch DBA Act?
Because the public sector is regarded as an area where freelance hiring became almost the norm and relatively much disguised employment occurred. As a result, government is under a magnifying glass. Careful, defined hiring that is demonstrably independent is therefore extra important for government assignments.
What is an assignment agreement?
An assignment agreement is a form where you award an assignment to a freelancer or agency without authority and supervision over the person executing it. That fits independent hiring, unlike temping or secondment, where authority and supervision lie precisely with the client.
How do I stay compliant in government hiring?
By hiring in a targeted way for defined expertise, choosing the right legal form, steering on result and avoiding embedding. Get advice on procurement and form questions from a specialist. An intermediary who knows the government context can help safeguard compliance.
Conclusion: hire in a targeted and demonstrably independent way
IT hiring in government has its own frameworks: the Roemer norm, sharp Dutch DBA Act enforcement and procurement rules. The key is hiring in a targeted way for defined, specialist expertise, choosing the right legal form, and collaborating demonstrably independently. Then you hire effectively within the rules.
For whom is this most relevant? For procurement officers and IT managers at government organisations who need external IT expertise. For whom less? For private clients, although the Dutch DBA Act principles apply to them too.
My advice: treat government hiring as something you set up carefully, not as ordinary hiring. Know the frameworks, choose the right form, and get advice on the legal details. Then you bring in the expertise you need, without risk.
Want to hire IT expertise in a targeted and compliant way?
Want to spar about how to hire the right IT professional within the government context? Plan a no-obligation call with me. I know the market and think along about profile, form and compliance.
Note: regulations around the Roemer norm, the Dutch DBA Act and the Labour Provision Admission Act may change. For current information, consult rijksoverheid.nl, belastingdienst.nl and pianoo.nl. For procurement-law and tax questions, I advise consulting a specialist.
