3.1 Features of the Settlement
The Settlement services at home includes persons carrying out services exclusively or almost exclusively in less than four days a week for the benefit of the household of the natural person to whom he is employed.
The aim of the Settlement is to stimulate the market for personal services. This is achieved by reducing employers' costs: "Private clients do not have to worry about administrative or financial burden that may be imposed by the government through the system Settlement services at home."In addition, the government intends to eliminate the moral objections to hire a service provider: "The control Settlement services at home it helps the misconception that the client would do anything in the world and draws attention to the possibility of outsourcing all kinds of jobs (such as cleaning, gardening, dog keeping, grooming, ironing or look after children). Because the client knows that without expenses (such as tracking what he pays to the service and contributions to pay employee insurance) anyone can hire for home gardening and kitchen work, this will become more commonplace and the demand for personal services will grow.1”In justifying the division of work, the Government argues that it is work where the client has a real choice between doing and outsourcing: "As far as the question refers to the difference in treatment between the principals is the next importance. As though there would be equal cases of a client who allows exacted services for its household and someone let out other services, in my view, sufficient justification for the difference in treatment that is services for the household there of a real choice between do and outsource itself, whereas for other services, in general, is not the case. The dropping of the withholding obligation is to encourage the former situation that these activities are outsourced, whereas such an incentive in the second-mentioned situation is not addressed. The difference in treatment may therefore not in my view lead to a successful appeal to the equality2. "
1 Tax Plan 2007, Explanatory Memorandum. II, 2007/08, 30 804 no. 3 2 Tax Plan 2007 Notes following the report. II, 2007/08, 30 804 no. 6 The government has emphatically intended "to provide assistance, either through a personal budget (PGB) or alpha assistance, to household members under services for household" also fall under the Settlement. However, the government argues why the arguments used also apply to those activities.
What is known in practice as the 'Settlement service at home' is in fact composed of a number of exceptions to the statutory and civil obligations imposed on employers. These exceptions relate to the following regulations: Civil Code (BW) An important part of the workers' rights and obligations laid down in Title 7.10 of the Civil Code. Part 7.10 of the Civil Code contains provisions on the liability to pay a hindrance to perform the contracted work (art. 7: 628 and 7: 629 of the Civil Code), the right to paid leave of at least four times the agreed weekly working hours ( art. 7: 634 BW), the liability of the employer for occupational accidents and occupational diseases (art. 7: 658 DCC) and (a substantial part of) the provisions concerning dismissal, as the corresponding observing deadlines and certain termination prohibited(art . 7: 667-686 BW). The enforcement of obligations under Title 7:10 BW is left to the parties to the contract of employment itself. They can sue the other party to fulfill these obligations and, if necessary, bring an action in the civil courts. In Title 7:10 BW two special provisions for domestic workers. The first is art. 7: 655 paragraph 4 of the Civil Code. This section of the law concerns the mandatory provision by the employer to the employee a written statement of information such as the agreed wage and usual hours. For domestic workers this task needs to be only provided by the employer if the employee requests so. The second provision is of greater importance. It concerns art. 7: 629 paragraph 2 of the Civil Code, concerning the payment of wages to an impediment to perform the contracted work due to illness. Employers tranquility normally by the obligation to pay for sickness for 104 weeks, 70% of the (maximum) salary (possibly by extending the UWV for a further 52 weeks if the employer fails in his reintegration obligations). This obligation under the second paragraph of Art. 7: 629 BW is limited to six weeks for the employer of the employee who normally services exclusively or almost exclusively carried out in less than four days a week for the benefit of the household of the natural person to whom he is employed. The other provisions of Title 7:10 BW, for example those relating to paid leave and liability in case of accidents, however, apply to domestic workers which is less than four days working on the basis of a Labor Agreement 3 Tax Plan 2007, Explanatory Memorandum. II, 2007/08, 30 804 no. 3 Extraordinary Labor Relations Decree 1945 (BBA) Not all provisions concerning dismissal are laid down in the Civil Code. One of the most important requirements is not included in the BW, but in the BBA. Pursuant to Art. 6 of this decision, the employer for any termination of an employment relationship without the employee's consent prior permission from the CWI, a 'dismissal'. Enforcement rests with the employee. Terminated the employment without proper permission, he can destroy the notice and demand payment of wages. The target group of the BBA include primarily employees working within the meaning of Art. 7: 610 BW4. The decision, however, exempts certain employees from its scope, including domestic staff working less than four days. For them, the employer does not need permission from the UWV for termination of the employment contract. They emphasized that the provisions regarding termination are applicable in the Civil Code. This means for example that both employer and employee must be observed by workers or notice, on pain of liability for damages, and that the employer must have a good reason for the dismissal. If that is not the case, the employee may claim compensation on the grounds of unjustified dismissal. With the introduction of the repeal in 2013 by the government tabled Bill Work and certainty it will BBA 1945 and will be transferred to the relevant provisions in the Civil Code. In the new situation for the termination of the administrative services should be a valid reason present (Art. 7: 669 new). Unlike other workers, the absence of the consent of the employee still needs permission from the UWV (Art. 7: 671 paragraph 1 under new). This does not mean that the absence of a valid reason is not sanctioned. If there is no valid reason, the court may private employer of the service is by virtue of Art. 7: 681 paragraph 3 new judge to restore employment or him with serious culpability of the employer to grant fair compensation. Furthermore applies too soon for the domestic service provider that after two years of employment, even when a valid reason for termination, can claim a transition allowance of third month's salary per year of service (see art. 7: 673 new). 4. Mandatory employee insurancesThe employee insurances are considered the Sickness Benefits Act (ZW), the Work and Income Act (WIA) and the Unemployment Insurance Act (WW). ZW and WIA provide income in disability due to illness; the first during the first two years of disability, the second for the period thereafter. The first act will number exhaustively defined cases aside - no matter where the sick employee is entitled to wages from his employer (Article 29 paragraph 1 SW.). This law is therefore especially important for those who have no (more) employers. The personal scope also includes others who perform work personally for another (art. 1, opening, b, 2nd BBA). have the so-called "safety net floats. WW provides for a right to earnings-related unemployment benefit. The target group of the ZW, WIA and WW is formed by 'workers'. Who are employed, laid down in Articles 3 to 8c SW and Articles 3 to 8a of the WW. The WIA is the same person as the circuit SW (Art. 8 WIA). Art. 6 of the SW and WW are given employment under Art. 3, 4 or 5 of the SW and unemployment falling, again excluded from the insurance. These individuals therefore have an employment relationship within the meaning of Art. 3, 4 or 5 W / WW, yet do not fall within the scope of the law. In the article are the people except those typically less than four days a week performing services on behalf of the individual to whom they are employed. They are therefore not compulsorily insured under the employee insurance. That is, they are not entitled to the benefits included in these laws, but also that their employer is not required on payments to the housekeeping staff salary paid employee insurance premiums. Housekeeping can be voluntarily insured (see Art. 64 paragraph 1e SW, Art. 18 paragraph 1e WIA, Art. 53 paragraph 2 WW). The appropriate premium to be paid for by the person concerned and in accordance with the mandatory insurance premium and is considerably. 5. Maternity Benefit In the Labor Act and care (WAZO) leave some terms: pregnancy - and maternity leave, adoption and foster care leave, calamities and short-term leave, short-term and long-term care and parental leave. Sometimes the law provides for an obligation to continue to pay wages during the leave. This is particularly the case when emergency leave and short-term care for a sick family member or parent. For other types of leave, including long-term care and parental leave is no legal obligation to continue to pay wages. During maternity leave, adoption leave and foster care leave is not entitled to wages, but the employee may claim a benefit from UWV. The circle of beneficiaries consists of those working on the basis of an employment contract or appointment as a civil servant. Domestic workers also fall within the scope of the law. Knows that at one point a particular situation to the one that typically less than four days a week, providing services for the natural person to whom it is employed. That is the case with the benefit that can be received on maternity leave, adoption leave and leave foster care from the UWV. For employees under the employee insurance has the right WAZO benefits during this leave are equal to the received by the employee (maximum) daily wage. Domestic workers cannot qualify for it because they are not insured for said insurance (see above). However, the exclusion of the group income protection during maternity leave would be contrary to European law obligations. Therefore, a special SW in WAZO: 8.8%, 1.75% WW, Wia: 5.64% maternity allowance 'professionals in employment’ (i.e. the housekeeping staff is excluded from the employee insurance) included ( art. 17.3 and further WAZO). This benefit is not related to their own wages, but at the minimum wage. Part-time domestic workers are not eligible for benefits in adoptive or foster care leave. Payroll tax, national insurance contributions and Health Insurance The Income Tax Act 1964, pursuant to Articles 2 to 5 roughly the same audience as the employee insurance. Art. 5 paragraph 1 excludes those who typically carry less than four days a week services to the natural person to whom they are employed, specifically from the concept of employment. The one who turn on domestic workers, is therefore no withholding agent for income tax and, as a result, nor for national insurance contributions payable by the employee (art. 57 paragraph 2 Act funding social insurance) and the income-related contribution to the Health Insurance Act (Art. 49 paragraph 2 Health Insurance Act). Stakeholders are of course kept income tax and national insurance contributions and pay income-related contribution Zvw on their income. These should be levied by way of assessment after declaration revenue by subject to the tax. General Equal Treatment Act (Awgb) The Awgb prohibits (direct and indirect) discrimination on grounds of religion, belief, political opinion, race, gender, nationality, sexual orientation or marital status among others in entering into and terminating an employment, working conditions and working conditions ( art. 5 paragraph 1 Awgb). However, this prohibition does not apply if "the working relationship has a private nature" and the difference in treatment based on a characteristic that "due to the nature of the specific activity or the context in which it is applied, constitutes a genuine and determining occupational requirement, provided that the objective is legitimate and the requirement is proportionate "(art. 5 paragraph 3 Awgb) 6. The exception is intended to define the right to equal treatment of the constitutional right to respect privacy. It is especially important for personal care or nursing of a family member in the household. Unlike the aforementioned laws is the exception for domestic workers is not limited here to work less than four days. Again that enforcement is left to the employee. He or she needs to apply to the court if the employer does not comply with the Arrangement. Laws other than the above have no special provisions for domestic workers. For example, the Minimum Wage Act and 6 15 In 2011, the exception was defined more broadly. Was spoken about 'demands, given private nature of the working relationship shall be held within reason." The assay was adapted as the European Commission was not in conformity with the wording European directives in the field of equal treatment in employment and occupation. Minimum Holiday allowance, the Working Conditions Act and the Working Hours Act applies in principle. Effect of the differences in legal The legal status of workers covered by the Settlement differs from that of other workers. What are the effects of this difference in practice depends on the circumstances. The following describes how the difference works out concretely in legal status. Illness, unemployment and disability Under the Settlement, workers are not compulsorily insured for unemployment and disability and they are entitled to six weeks of sick pay instead of two years. Service providers under the Settlement covered by (long-term) disease and unemployment back on the Work and Social Assistance (50% of the minimum wage plus 20% when housing costs cannot be shared with another). This will in many cases not (much) lower than unemployment or WIA benefit, due to the relatively low wages for service at home. Because power and partner keys will not always appeal to the Employment and Assistance Act are possible and may have disease and unemployment in those cases profound impact on income. Unemployment should be noted that even without the Settlement services at home it would not be easy to cash the right to such income insurance, since there is often several small employment. In fact unemployment is only entitled to benefits if someone loses at least five hours or at least half of its average number of hours worked (GAA) per week. The average number of working hours per week calculated over 26 weeks. A person who is working, for example, 26 weeks in seven orbits of three hours has a GAA of 21 hours. If this person one lane of three hours to lose then there is no entitlement to benefits. If this person loses two weeks later a job of three hours may be a benefit arises because the loss of working hours more than five hours. Supplementary pension.to top