The legislative proposal ends the exceptions for people employed as domestic help or care providers for someone with a personal budget (pgb). These exceptions for pgb care providers are laid down in the Regulation on Domestic Services. The purpose of the regulation is to stimulate the labor market for personal services and to prevent black labor.
Support from SVB
The regulation will be adjusted for employment contracts under the pgb. As a result, not only the mandatory employee insurances will apply to pgb care providers with an employment contract, but also the regular rules for wage payment during illness, leave, and dismissal. The legislative proposal also regulates the collection of premiums for employee insurances. In addition, it is arranged that budget holders employing a pgb care provider are responsible for withholding income taxes and the premium for social insurance from the gross salary of the care provider. The SVB will support budget holders in these tasks.
Judgment of the Central Appeals Court
Due to a ruling by the Central Appeals Court (CRvB) in March 2023, care providers entitled to it can already apply for benefits from UWV. The CRvB ruled that the exception from the insurance obligation leads to indirect discrimination based on gender, as many women are among pgb care providers. The cabinet is now aligning the rights of this group with those of other employees through the legislative proposal.