The new directive entitles self-employed women and assisting female spouses of self-employed workers for the first time to maternity benefits and creates autonomous social protection rights for assisting spouses of self-employed workers.

The Council adopted on June 24th 2010 by decision taken without debate at the meeting of the Transport, Telecommunications and Energy Council in Luxembourg, a directive strengthening the social protection of self-employed workers and of "assisting spouses", thereby aiming to strengthen the principle of equal treatment between men and women who want to establish or extend a self-employed activity. The adoption of the directive on social pr5otection for self-employed workers and their assisting spouses follows an agreement with the European Parliament at second reading.

With this Directive, the European Union aims to provide social welfare provisions to certain situations for self-employed women or assisting spouses and life partners, in order to alleviate inequality situations.

Key elements on Directive for self-employed workers and assisting spouses

• Maternity allowance to interrupt their occupational activity for at least 14 weeks for self-employed women, female assisting spouses and life partners of self-employed workers
• Autonomous social protection rights if the self-employed workers benefit from a system for social protection  (under the current rules in most member states, these persons were covered by the social protection scheme of their self-employed spouse).

Member states may decide that this social protection is proportional to the participation in the activities of the self-employed worker and/or the level of contribution, and whether the maternity allowance for self-employed women and their assisting spouses and life partners, and the social protection for assisting spouses and life partners are granted on a mandatory or voluntary basis (i.e. on request).

If the duration of maternity leave for employees is modified in the EU, the Commission is invited to submit a report within six years after the entry into force of the directive and assess whether the duration of maternity benefits for self-employed workers and female assisting spouses should also be modified.

Member states have two years in which to transpose the new directive into national law, where justified by particular difficulties they may have an additional period of two years.