Inkomensbescherming bij levensloopactiviteiten: Een onderzoek naar de Werkloosheidswet en spaarregelingen

Abstract

This study focuses on the facilitation of activities in other areas than paid work (these activities were gathered under the heading ' life cycle activities') and deals with the question to what extent the current Dutch Unemployment Act (Werkloosheidswet, abbr. WW) can take into account differences in life cycles by financing leave, and how the WW can be modified in order to increase the possibilities for leave. As the potential of the WW to support life cycle activities is low, it was discussed whether four in the past decade presented proposals for the inclusion of a savings element in the WW, which, although meant to reduce the costs of the WW in the first place, also suggest the possibility of leave, bring what they pretend to do, and whether they are in conformity with the points of departure of the WW. The main outcome is that an obligatory savings scheme, on condition that certain requirements are met and that the scheme is not at the expense of the existing social security, would be an interesting option to see to a broader function of social security. With the obligatory savings character the employee would be entitled to a compensation for loss of income in case of leave. If the savings obligation were to be linked to a conditional right to leave, such a right would mean the recognition of the need for leave for life cycle activities. This would mean that not only paid work is to be regarded as socially relevant. With a credit facility in connection with the possibility of acquittal the obligatory savings scheme would also possess an element of solidarity. Such a savings scheme creates security, while it conforms to the legal ground mentioned in 1945 by the Van Rhijn II committee. Here the collective only comes into the picture when the individual has taken his responsibility, but is not able to make it on his own, owing to circumstances. A savings scheme for leave is also in line with the policy of activation and prevention in social security. The activating and preventive element may indeed be contained in the life cycle activities themselves that give rise to the leave. Furthermore, the introduction of an obligatory savings scheme for leave might mean that the paradigm of social law is shifting. The protection of vulnerable groups would be supplemented by the promotion of labour market participation. An obligation to save for leave would offer some scope for the combination of work and other life cycle activities, enabling the individual employee to be responsible for one's own social and economic security. Finally, however, due to insufficient coherence and the presence of an inner contradiction, a savings scheme is not in conformity with the foundations of the WW, and therefore would not fit in with the WW, but would deserve its own regim