Overview (table of contents) Annex 1 The full text of the Ordinance on per diem allowance for 1., 2. and (3). ledighedsdag (G-days)
Under section 84, paragraph 10, section 90 a, paragraph 3, article 91, paragraph 3, section 101 and § 102 of the law on unemployment insurance, etc., see. lovbekendtgørelse nr. 994 of 8. August 2007, determined after negotiation with the Employment Council the following:
§ 1. ' G-days ' for the purposes of this Ordinance 1., 2. and (3). ledighedsdag. ' (G) one-day ' is one ledighedsdag.
(2). An employer shall pay the per diem allowance for 1., 2. and (3). ledighedsdag to a member of an unemployment fund, if the Member
1) has been employed as an employee, and
2) repatriated or have a member from the labour market as a result of the dismissal, termination of employment, termination of task specific point-in-time employment, temporary work and the like.
(3). At retirement, for the purposes of this Ordinance, the employer no longer has the obligation to pay wages, and the Member no longer has an obligation to perform work for the employer. There is also a cessation, if the employer and the Member is released from the employment relationship for a period of time, after which the employment relationship is resumed.
(4). An employer must pay for G-day, if the Member within the last 4 weeks in total have been employed with the employer in an amount corresponding to the full contractual working time in 2 weeks. If a member working time cannot be regarded as control label, working hours in a week shall be calculated according to the rules laid down to that effect in the notice on the supplementary daily allowance.
(5). The period of employment must be in, see. paragraph 4, be extended backwards, if in the period's absence, e.g. due to illness, vacation, holidays, public holidays, conflict or contractual participation in course as part of the hiring process.
(6). An employer must not more than pay for a G-day 16 times to the same Member in a calendar year. Herein included payments for those times where the employer only has to pay for half a G-day.
(7). Payment for a G-day is A-income. There must not be calculated holiday allowance, subtracted labour market contribution, ATP or amount to the special pension savings scheme of payment for a G-day.
§ 2. A member G-3 days are the first regular working days after the Member is terminated, if the Member has been in full employment on the date of termination of employment. If the Member has not been in full employment on that day and have not had full contractual working time in the calendar week, the day of termination of employment 1. ledighedsdag.
§ 3. An employer must pay 7.4/37 of the highest daily allowance for a week, see. section 47 of the law on unemployment insurance, etc., per G-day to a member who is available for over 4 hours on G-day. If the Member is available in 4 hours or less on G-day, constitute payment half of the amounts referred to in annex IX. However, § 4.
§ 4. An employer must pay for half a G-day, if a member is repatriated in 4 hours or less. If a member is sent home for more than 4 hours but not more than 7.4 hours, should an employer pay for a full G-day. If a member is repatriated in more than 7.4 hours, but not more than 11.4 hours, should an employer pay for a whole and half a G-day. If a member is repatriated in more than 11.4 hours, but not more than 14.8 hours should an employer pay for 2 whole G-days. If a member is repatriated in more than 14.8 hours, but not more than 18.8 hours, should an employer pay 2 whole and half a G-days. If a member is repatriated in more than 18.8 hours, should an employer pay 3 entire G-days. When a member is repatriated, an employer may not, however, pay for more than one G-day per working day for the same return.
(2). An employer must not pay for G-days, when a member is discharged, if the Member
1) are full-time insured and in the calendar week have had full contractual working time with the employer, or
2) is part-time insured and in the calendar week have had employment for 30 hours with the employer.
Division of labour
§ 5. An employer must pay for G-days, if a member is the subject of a division of labour. The payment represents 7.4/37 of the highest daily allowance for a week per G-day-per-reviewed or accepted division of labour.
The avoidable reasons, etc.
§ 6. An employer must not pay for G-days for a member when
1) member prior to cessation of employment declines a written offer of continued employment corresponding to the collectively agreed wages and conditions of employment with the same employer,
2) the employer is unable to pay due to insolvency or suspension of payments,
3) dismissal/termination of work mainly due to the Member,
4 termination is due to strike or lockout) working at the company, or if the working end is necessary as a result of strike or lockout at another company,
5) employment termination due to force majeure,
6) member is in full employment with another employer on G-days,
7) member in connection to the cessation of employment are getting sick or holiday on G-days,
8) member is official and is transferred to the rådighedsløn,
9) Member has been temporary employment in a position after the leave law on childcare leave, if the employment has lasted for at least 3 months, or
10) Member has been employed with the public subsidy for salary in accordance with the Act on an active employment efforts.
(2). There must not be paid for G-days for a member, as are party fishing. At a party for the purposes of this Ordinance a fisherman fishing that has been paid with a share of the net profit and as
1) either not fishing with their own tools, and/or
2) is not a co-owner of the boat, which the Member is working on.
Faith and love Declaration and payment time
§ 7. The employer may within 14 days after the Member is terminated, ask the Member to provide a Declaration on their honour stating that the Member has not had full employment, have gotten sick pay or has kept holiday on G-day.
(2). The Member's right to payment for G-days lapse, if the Declaration is not given to the employer no later than 14 days after the employer has asked about this.
§ 8. An employer must pay for G-days as soon as possible, but no later than at the company's 2. salary payment, either after the Member's retirement, repatriation etc., or after the Member has given a statement of faith and love.
§ 9. An employer must disclose on payslip for payment for G-days from the time when the first time in a calendar year will be paid to the Member. It must appear on the payslip, how many times in a calendar year, the employer has paid for a G-day.
(2). When a member becomes vacant or repatriated, etc.., and which are not fully paid for G-days, the employer must inform the Member in writing of the reason for this.
(3). The employer can provide information on wage slips or on a statement, see. the annex. The information must be provided either within one week after the Member is terminated, or no later than one week after the Member has had to provide a Declaration on their honour.
(4). The employer must give a-checkout information for the purpose of assessing whether there is to be paid for G-days, when a box asking for it.
Decision of questions
§ 10. One Member and an employer has the right to receive labour market Appeals Board to hear and determine questions about payment of G-days.
(2). Labour market Appeals Board shall inform the parties and the Member's unemployment insurance fund that the matter will be dealt with. Unemployment insurance fund will not be able to put the payment out of the G-days pursuant to section 11 of the basic regulation. However, section 11, paragraph 4.
§ 11. A member's unemployment insurance fund to help Member with to get an employer to pay for G-days, if
1) employer fails to pay on time, without prejudice. sections 7 and 8,
2) Member asking the unemployment insurance fund for help, and
3) unemployment insurance fund finds that the Member has no doubt right to payment.
(2). Unemployment insurance fund shall send a reasoned request to the employer to pay to the Member within 14 days after receipt of the request. If the employer does not pay on time, and unemployment insurance fund continues to believe that the claim is justified, the unemployment insurance fund amount out to the Member.
(3). While unemployment insurance fund puts the amount out, sends a-box case with a reasoned recommendation to the labour market's Appeals Board, acting in the matter. Appeal Board's decision must be sent to the employer, the Member, arbejdsdirektoratet and unemployment insurance fund.
(4). If an employer shall bring a questions, see. § 10, after that the unemployment insurance fund has put an amount out, should the complaint be dealt with together with the social partners, the Appeals Committee treat a-box option.
(5). Find labour market appeal, that Member is entitled to payment for G-days, the employer must pay the amount to the Labour Directorate within 4 weeks after receipt of the decision. The Directorate has not received the amount on time, can the claim sent to the arrears collection authority, who shall recover the amount plus a fee for the Directorate and arrears recovery authority cost of recovery.
§ 12. The party does not receive an injunction in labour market Appeal Tribunal treatment of uncertainties, see. sections 10 and 11, pays a fee of 200 subsequent USD Fee payable to the Appeals Board within 4 weeks after the decision was sent to the parties.
(2). If the labour market boards when treating a questions under section 11 shall, the employer must pay for G-days, and payment to the Labour Directorate does not occur within the in section 11 (5) of the specified period, the employer must pay a fee of DKK 1,000 to the Directorate.
§ 13. An employer who either don't pay for G-day, see. § 1, or does not comply with its duty to disclose, without prejudice. § 9, be punished by a fine, without prejudice to article. Sections 101 and 102 of the law on unemployment insurance, etc.
(2). That can be imposed on companies, etc. (legal persons) criminal liability in accordance with the provisions of the criminal code 5. Chapter.
Entry into force, etc.
§ 14. The notice shall enter into force on the 1. July 2008 1).
(2). The notice has effect for dismissal, repatriation and the like from and with the 1. July 2008.
(3). At the same time repealed Executive Order No. 669 of 11. July 2000 on per diem allowance for 1. and 2. ledighedsdag.
Labour Directorate, the 25. June 2008 Senthil P/Domenic Annex 1
The employer's information in connection with payment for G-day, see. unemployment insurance law § 90 (a)
Have They brought, or do you intend to bring a questions for labour market appeal?
1: the Member was in total within the last 4 weeks prior to labour has been manufactured either in employment in 74 hours, or to an extent that corresponded to the full contractual working time in 2 weeks within the subject:
No (If no, PT. 2-7 are not answered. Remember to sign the annex)
Payments for G-days
2: number of times which the Member received payment for:
The entire G-days
3: Member was dismissed, discontinued in the task or point-in-time employment, temporary work or similar:
Date of termination:
4: the Member was available more than 4 hours per day on the day of termination of employment and/or the following days:
5: Member was after full employment on the date of termination of employment availability 4 hours or less per day on 1. ledighedsdag and/or the following days:
6: number of return hours:
The honourable Member was sent home in 4 hours or less.
The honourable Member was sent home for more than 4 hours but not more than 7.4 hours per day.
The honourable Member was sent home for more than 7.4 hours, but not more than 11.4 hours.
The honourable Member was sent home for more than 11.4 hours, but not more than 14.8 hours.
The honourable Member was sent home for more than 14.8 hours, but not more than 18.8 hours.
The honourable Member was sent home for more than 18.8 hours.
Not paid G-days
7: the Member did not receive payment for G-days:
because the Member declined in writing offer of continued employment
because the bankruptcy or receivership did payment impossible
because the dismissal mainly stemmed from the Member
because the honourable Member at G-days achieved full employment with another employer
because the Member was sent home and in calendar week achieved full contractual working time (for deltidsforsikrede however, minimum 30 hours) with the same employer
because the strike or lockout at the company was to blame for the working end, or this was necessary due to strike or lockout at another company
because the termination was due to force majeure
because the honourable Member at G-days received sick pay or vacation
because the Member was employed in a position in accordance with the law on parental leave the childcare leave for at least 3 months
because the Member was in employment, which was being provided public subsidy for salary in accordance with the Act on an active employment efforts
because the Member was employed as a civil servant and passed to rådighedsløn.
8: any comments:
Work site name, address and if applicable. phone number:
Official notes 1) prepare guidelines for the Ordinance.