Regulation for services at home
A brief summary of the ‘Regeling dienstverlening aan huis’ ('Regulation Services at home')
If an Artsitter, during four or fewer days a week, provides sitting services in and around the home of the same User of the Art-Sitters Platform, it can make use of the ‘Regeling dinestverlening aan huis’(translated: ‘Regulations Services at Home').
An Artsitter may provide services to several Users, as long as the Artsitter complies with these conditions for each User individually.
If a (sitting) service meets all the conditions of the 'Regulation Services at home', the User of the Art-Sitters Platform is not considered to be an employer. The Artsitter is therefore not employed. The User does not have to consider financial or administrative consequences (such as the tax authorities). However, the Artsitter must declare his/her income to the tax authorities and to the benefits agency if the Artsitter receives a benefit.
What conditions must the Artsitter meet?
To be covered by the Regulations Services at Home, the Artsitter must meet the following conditions;
-
The Artsitter carries out the babysitting service/work in and around the User's home. This condition is taken broadly. You may also go shopping, go to the playground with the children, or conduct music or other art lessons outside of the family’s home, etc. Babysitting in the house of the Artsitter or in the house where the User temporarily lives are also covered by this condition.
-
Both the Artsitter and the User are private individuals.
-
The Artsitter works for the same User for a maximum of 4 days per week. How many hours an Artistter works per day does not matter
for the Regulation Services at Home. Even if the Artsitter only comes for one hour, it is considered as one working day.
What activities are covered by the 'Regulation Services at Home'?
The Artsitter is eligible for the Scheme for the activities listed below:
• Looking after children
-
Take/pick up of other family members
-
Household work such as cleaning, washing, ironing, cooking, and dishwashing
-
Caring for pets
-
Pick up of grocery’s/medicines
-
Maintenance of the garden
-
Care provision
-
Different chores, in and around the house
What if the Artsitter meet the conditions?
If the Artsitter does not meet the conditions, the Artsitter is employed by the User. The User is then obliged to withhold income tax, national insurance contributions, and employee insurance contributions. The User must also pay the employer's levy Zorgverzekeringswet (Social Securities) for the Artsitter.
Insurance with the UWV?
If the Artsitter qualifies for the ‘Regulation Services at Home’, the Artsitter is not insured for sickness, incapacity for work and unemployment. If you want to be insured as an Artsitter, you can take out voluntary insurance. You can find more information about this at the UWV.
Art-Sitting Agreement
Does an Artsitter meet the 'Regulation Services at Home’? Art-Sitters has ensured that the User and the Artsitter automatically enter into an 'assignment agreement for services' also called 'Art-Sitting Agreement' in which agreements between the User and Artsitter about the services (doing a sitting service) are recorded.
Acceptance
By sending a booking request, the User accepts the provisions of the Art- Sitting Agreement and makes a legally valid offer to conclude this agreement. By accepting the booking request, the Artsitter agrees to the provisions of the Agreement.
Upon acceptance of the booking request by the Artsitter, the Artsitter and the User automatically enter into an Agreement.
One can find the full report called ‘Chapter 3 of the recommendation of the Committee on Services at Home (Kalsbeek Committee)’ atwww.rijksoverheid.nl (in Dutch) In this chapter, the Committee describes the ‘Regulation for Services at Home’ and places it in an international context.