Amsterdam Law School
20 April 2023
In the 1st semester of 2020, 3 students of the Fair Work and Equality Law Clinic prepared a draft subpoena in the case for health domestic worker Carol Kollmann. The clinic is part of the experiential education of the Amsterdam Law Clinics and was supervised by Bureau Clara Wichmann and law firm Houthoff. After completion of the clinic, Houthoff and Bureau Clara Wichmann together with Carol Kollmann continued the case. In December 2021, a positive ruling in this was issued by the Rotterdam District Court, which was confirmed by the Central Appeals Council on March 30, 2023.
The Central Council ruled that the regulation ‘Dienstverlening aan huis’, which allows employees working less than 4 days a week in a private household to be excluded from social security, cannot be upheld for domestic workers. The ruling means that tens of thousands of caregivers who become incapacitated or unemployed may be entitled to Social Security laws such as the unemployment insurance act and the work and income act. The legislature will have to amend the law on this point. A great result for everyone who has worked for the cause.