Boost for care providers under a personal care budget (PGB care providers): Entitlement to unemployment benefit
30 March 2023
Less than a week after the Dutch Supreme Court's landmark decision in which Deliveroo riders were qualified as employees, the Dutch Central Appeals Tribunal's ruling of 30 March 2023 will also significantly transform the social security law system.The Dutch Central Appeals Tribunal explicitly reversed its 1996 ruling and stated that PGB care providers who work less than four days per week cannot be excluded from unemployment benefit. The Dutch Central Appeals Tribunal considered that directly applying this exclusion provision leads to indirect discrimination because more women than men are working as care providers. In doing so, the Dutch Central Appeals Tribunal followed the Rotterdam District Court judgments of 16 December 2021.
The ruling might have significant consequences for employment law and the general scope of application of the exclusion from unemployment benefit, in particular for other female occupational groups.
PGB care provider Carol Kollmann: "I am obviously very proud of this victory, and I hope that with these proceedings I can inspire other women to also stand up for their rights. In the Netherlands, unfortunately, women are still short-changed. I am glad that also the highest courts have acknowledged this."
Houthoff, together with women's rights organisation Bureau Clara Wichmann and the Dutch Clara Wichmann Association for Women and Law (Vereniging voor Vrouw en Recht Clara Wichmann), assisted PGB care provider Carol Kollman on a pro bono basis. Houthoff's team included Claire Reynaers, Freeke Heijne and Cornelie Castelein. In the past, Suzanne Hogendoorn and Vera van Erpers Roijaards also helped with this case.
Read the judgment here (in Dutch only).