Court rules that domestic workers must receive sickness benefits like other employees
The Dutch highest court for social insurance cases ruled that excluding household workers from the Sickness Benefit constitutes unlawful indirect discrimination.
The Central Council of Appeal for Social Security, the top tribunal for social insurance matters in the Netherlands, found that the statutory exclusion of household workers from the Sickness Benefit amounts to unlawful indirect discrimination. The decision highlighted that the rule disproportionately impacts women, who dominate the sector, and is not a proportionate way to meet the law's objectives. Consequently, the UWV must re-evaluate the worker's claim without invoking the exclusion.
The court stopped short of prescribing how the policy should be reformed, assigning that responsibility to the political arena. The UWV said it will study the judgment together with the Ministry of Social Affairs and Employment. Legal experts suggest the ruling could extend to other social insurance schemes, potentially expanding coverage for many domestic workers.
Why it matters
It could grant sickness benefits to millions of household workers previously excluded from social insurance.
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