Great news for female employees and co-working partners

According to new European Law, female entrepreneurs and co-working partners (irrespective of marital status) throughout the EU member states will have the right to maternity leave and allowance of 14 weeks. This is an enormous step forward, profoundly affecting labor law in many EU countries with regard to the rights of working women.

Facts

At present, only 30 percent of all entrepreneurs in the EU are female and 11 percent of  the remaining 70 percent of male entrepreneurs are co-working partners. The newly voted Directive greatly improves the overall work-life balance of female entrerpeneurs and co- working partners. At EU level, this is the first time a maternity allowance has been granted to self-employed workers and co-working partners. Finally, the contribution of assisting spouses to the family business is recognised.

The Directive actively supports four major EU commitments:

• implementing gender equality, in general
• implementing gender equality, for both female and male entrepreneurs
• implementing equal opportunities, for both co-working partners and self-employed partners.
• stimulating the economy

European versus Dutch law

EU member states are given two years to adjust their legislation, incorporating the Directive into their national labor law. Naturally, the adjustment is meant as an improvement, so that existing provisions in EU member states that go further than the new Directive will stay in place. Labor law in member states, where such provisions are missing entirely or are resulting in a lower protection, will be adjusted, assuring overall equal oportunities and rights.

What does this mean for self-employed women and co-working partners in the Netherlands?

In The Netherlands, since 2008, self-employed female entrepreneurs, self-employed professionals (eg. freelancers, artists, GPs, and private housekeeping professionals) and co-working partners (33 percent of the self employed Dutch population), have the right to a maternity leave of at least  16 weeks. This can be taken both during and immediately following the pregnancy. The payment received during this leave is called Zelfstandig en Zwanger-regeling (ZEZ), Self-employed and Pregnant Regulation, and  can amount to the maximum of the legal minimal wages. Payment is subject to a number of at least 1225 hours worked during the year previous to the pregnancy. If the number of working hours was less, the payment is calculated in accordance to the profits / income generated in the year previous to the pregancy.

The ZEZ is meant to protect both mother and child, as only a few female entrepreneurs insure themselves against loss of income through pregancy and birth. It also relieves the financial pressures which cause many female entrepreneurs and co-working partners to work long into their pregnancy and return to their work much earlier than they would otherwise. 

Since the new Directive stipulates a minimal maternity leave of 14 weeks, The Netherlands need not adjust its legislation. That is, for the time being ! At EU level, talks to prolongue  maternity leave to a minimum of 18 or even 20 weeks, are ongoing. Should this proposal be endorsed, adjustments in Dutch labor law will be necessary, resulting in an improved protection of all female entrepreneurs and co-working partners.