Sturingsinstrumenten in de WW: 1987-2020: Een juridische studie

Abstract

This legal study researches the consequences of frequent legislative changes in the Dutch Unemployment Act prompted by policy and the influence on the legal position of the employees/unemployed. I have examined the cabinet's explanatory memorandum of legislative changes since 1987 in six volume-limiting control instruments, namely the duration of benefit, the employment history requirements, the sanctions of the measure and the fine, the term culpable unemployment and the term suitable work. The cabinet’s policy has resulted in a restriction of the rights of unemployed workers. The use of the control instruments has been inconsistent, and this does not appear to be the result of the result of evolving insights but more the result of cutbacks and arguments aimed at gaining support for unemployment benefits. There has also been little regard for implementation problems and support from the implementing bodies. Consequently, legislative changes have not always been implemented effectively. This is a good example of the fragmented approach to legislation that is losing effectiveness as noted by the State Council in its annual reports for 2013 and 2018. Moreover, the use of the control instruments affects some (vulnerable) groups in the labor market harder than others, such as young people, women, the elderly and flexible workers. This is of particular concern when studies and evaluations show that the instruments do not achieve the intended goal of activation or that remains unclear and the proportion of those groups on the labor market continues to increase. I therefore argue for restraint and transparency in turning the knobs of legislation.