Active in student representation? That counts as work, appeal court rules

A French student who was active on Utrecht University’s University Council is likely to receive student finance after all. A lower court previously ruled that student representation does not count as work, but the Central Appeals Tribunal disagrees.

European students can also receive a basic grant in the Netherlands. To qualify, they must be a ‘migrant worker’. In other words, they must work at least 32 hours a month alongside their studies.

But does being a member of the student representation council at your educational institution count as work? Last year, a court ruled that it did not, in a case involving a French student. But the highest court in cases of this kind, the Central Appeals Tribunal, has reached a different conclusion.

But does being a member of the student representation council at your educational institution count as work? Earlier this year, a court ruled that it did not, in a case involving a French student. But the highest court in cases of this kind, the Central Appeals Tribunal, has reached a different conclusion.

Board grant

The student began a bachelor’s degree in philosophy, politics and economics at Utrecht University in 2022. Alongside his studies, he worked 28 hours a week as a member of the University Council. He received a board grant of more than 1,300 euros a month.

He applied to DUO for student finance, but his application was rejected. He also lost his case in court: the student was an elected member and therefore not an employee of the university.

The court also said the grant was not a salary, but ‘financial support’ in case the student fell behind in his studies because of his work in student representation.

Wrongly

But the Central Appeals Tribunal has now ruled that DUO should not have rejected his application without further consideration. The term ‘migrant worker’ should be interpreted broadly, the Tribunal explains.

The main thing is that the student carried out ‘genuine and effective work’ and received payment for it. The work on the University Council can, according to the Tribunal, be considered an economic activity.

As with a ‘regular’ job, members of the student representation council are paid for the number of hours they work. The fact that students are elected representatives does not change that.

Reconsider the application

The French student will not automatically receive student finance, but DUO must reconsider his application. It must take this ruling into account. The government must also pay the student’s legal costs.