Pgb care providers with an employment contract for less than 4 days a week will also have a legal right to unemployment benefits, sick leave benefits, and WIA. This is included in a legislative proposal from Minister Van Hijum of Social Affairs and Employment and State Secretary Van Oostenbruggen of Taxation, Tax Office, and Customs, which they presented today to the House of Representatives.

The legislative proposal aligns the rules for people working as care providers via the Personal Budget (pgb) for less than four days a week. The aim of the regulation is to stimulate the labor market for personal services and prevent black market work. These exceptional provisions that denied pgb care providers the right to unemployment benefits, sick leave benefits, and WIA are laid down in the Regulation on Home Services. This will be amended with this legislative proposal.

Support by SVB
The regulation will be adjusted for employment contracts within the framework of the pgb. As a result, mandatory employee insurances will apply to pgb care providers with an employment contract, as well as 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 who employ a pgb care provider are responsible for withholding income taxes and social insurance premiums from the gross salary of the care provider. The SVB will support budget holders in these tasks.

Ruling of the Central Appeals Court
Due to a ruling by the Central Appeals Court (CRvB) in March 2023, care providers who are entitled can already apply for a benefit from UWV. The CRvB ruled that the exception to the insurance obligation leads to indirect discrimination based on gender, as there are many women among pgb care providers. The cabinet is now aligning the rights of this group with those of other employees through this legislative proposal.

Entry into force
Now that the legislative proposal has been submitted to the House of Representatives, the treatment can start. If both the House of Representatives and the Senate agree, the law will come into effect on January 1, 2026.