Notice Of Supplemental Daily Subsistence Allowance

Original Language Title: Bekendtgørelse om supplerende dagpenge

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=117173

Notice of supplemental daily subsistence allowance

Under section 58 (1) (8). 1 and nr. 2 (b), article 59, paragraph 5, section 60, paragraphs 1 and 2, article 62, paragraph 6 and section 73, paragraph 5, of the law on unemployment insurance, etc., see. lovbekendtgørelse nr. 994 of 8. August 2007, as amended by Act No. 481 of 17. June 2008, determined after negotiation with the Employment Council the following:

The right to the supplementary daily subsistence allowance

§ 1. A member who is working on the set up time, can get additional daily subsistence allowance if the member meets the conditions laid down in order to get benefits.

(2). A full-time insured member working on the set up time, when the Member's working hours of the week are shorter than full usual weekly working hours.

(3). A part-time insured member working on the set up time, when the Member's working hours of the week are shorter than the average weekly working time before unemployment, see. section 2, paragraph 2.

(4). A member who is working on reduced time in an employment relationship with termination notice, can get additional daily subsistence allowance, if the Member has submitted a certificate of emancipation in the unemployment insurance fund.

§ 2. A full-time insured member can get additional daily subsistence allowance in a week after the relationship between the Member's working hours in the week and 37 hours.

(2). A part-time insured member can get additional daily subsistence allowance in a week after the relationship between the Member's working hours in a week and the average weekly hours of work prior to unemployment. The average weekly working time before the jobless rate is the average number of working hours in the period used for the calculation of the Member's benefits. If there is no period for the calculation of the Member's daily allowance, determined the average weekly working hours to 15 hours.

(3). If a member insurance category be changed in the course of a week, have the effect of payment of supplementary daily allowance from the beginning of the next week.

Control label working time

§ 3. A member working hours are considered verifiable, if working time can be checked by the employer's records.

(2). A member of working time shall be considered also as control label, if the Member is paid, and fixed working hours or a norm of working time is laid down in a collective agreement that applies to the Member and the employer.

(3). A member of working time shall be considered also as control label, if the Member is paid, and the fixed written individual agreement on employment refers to a collective agreement for a corresponding professional area, in which working time or a norm of working time is laid down.

(4). If a member working time cannot be regarded as control label in accordance with paragraph 1-3, may, however, be considered as working time control label on the basis of a written individual agreement on employment if the Member is paid, and fixed working hours or a norm of working time provided for in the agreement. In addition, at least 2 of the following 6 criteria be met:





1) company has procedures for registration of working hours, and how the work is to be performed.

2) Agreement contains rules on overtime and payment for it.

3) there is a fixed period during which the Member shall be at the disposal of the employer.

4) the amount of the Member's salary is constant over a period of time.

5) Member's salary is equivalent to normal wages in the area.

6), the Member shall declare on their honour that the work has been carried out in accordance with the conditions on working hours, as is mentioned in the agreement.





(5). A member shall not be considered as permanent paid, without prejudice. paragraphs 2 to 4, if included in the salary commissions.

Uncontrollable work hours

§ 4. If a member working time cannot be regarded as control label under section 3, shall be calculated in working hours of the week by converting the salary (before taxes and including ATP and possibly the special pension savings scheme) with the conversion rate applicable at any time. Proven necessary expenditure after tax rules can be deducted from income before calculating tax, subtract.

(2). If the salary is not known at the time when the work is done, there is a tentative deduction in daily allowances. This is done on the basis of the number of hours which the honourable Member has indicated is used for working. When the salary is known, must be conversion in accordance with paragraph 1.

(3). If the work has not resulted in income, the deduction is effected on the basis of the number of hours which the honourable Member has indicated is used for working. For a member who is insured at full time, can deduct for each working day shall not exceed 7.4 hours. For a member insured part-time deduction for each working day may not exceed 1/5 of the average weekly hours of work prior to unemployment.

Limitation of the right to a supplementary daily subsistence allowance

§ 5. When a member within the past 104 weeks paid the supplementary daily subsistence allowance for 30 weeks with work, see. However, paragraph 2, falls right to supplementary daily subsistence allowance away.

(2). For members who are working in rotation, after the roster or in a division of labour, are all part of weeks in the time limit.

(3). When a full-time insured member has exhausted the entitlement to the supplementary daily subsistence allowance referred to in article 6. (1) restored the right to supplementary daily subsistence allowance when the Member within 12 months has had 26 weeks of work with more than 30 hours in each week.

(4). When a part-time insured member has exhausted the entitlement to the supplementary daily subsistence allowance referred to in article 6. (1) restored the right to supplementary daily subsistence allowance when the Member within 12 months has had 26 weeks of work with at least the same level of working hours in each week as the average weekly working time before unemployment.

(5). Unemployment insurance fund shall in good time before the limited period of entitlement to the supplementary daily allowance expires, informing the Member accordingly.

§ 6. A member who has terminated its work on reduced time for resignation on the date on which entitlement to the supplementary daily allowance will lapse, without prejudice. section 5, paragraph 1, but as the unpredictable and sudden reasons when getting exhausted entitlement to supplementary daily allowance before the resignation, as if the right to supplementary daily allowance has lapsed, without prejudice. section 5, paragraph 1.

Coating of per diems map

Actual hours and hours

§ 7. One member per diems map for a week are coated with the actual number of hours, as the honourable Member has worked in a week, see. However, sections 4 and 8.

(2). When a member for a week get wages for several hours (hours) than the honourable Member actually worked, coated card with the number of paid hours per diems.

(3). Payment of wages (hours), which can be attributed to other periods of work, are not covered by paragraph 2.

(4). Directorate-General can give an unemployment fund for it within a particular professional areas can coat the per diems map with hours (løntime coating). It applies if the following conditions are met:





1) Work is on fast set up time after a written employment contract, where the period of employment as a starting point must be agreed in advance,

2) in the case of work in accordance with the agreement, and

3) salary paid by a fixed amount each month or week in equal portions.





Minimum coating

§ 8. A full-time insured member whose working time is uncontrollable under section 4, for each working day have per diem card coated with at least 7.4 hours if a-box after an assessment of the nature of the work, believe that the honourable Member cannot be considered to have been idle. If the Member demonstrates that the actual daily working time has been less than 7.4 hours, per diems card, however, only be subject to the converted number.

(2). A part-time insured member whose working time is uncontrollable under section 4, for each working day have per diem card coated with the hour, equivalent to at least 1/5 of the average weekly working time before unemployment, see. section 2, paragraph 2, if the a-kit after an assessment of the nature of the work, believe that the honourable Member cannot be considered to have been idle. If the Member demonstrates that the actual daily working time has been less than 1/5 of the weekly working time before the jobless rate, however, only be subject to the card per diems converted the hour.

Technical coatings

§ 9. A full-time insured member must have coated per diem card with at least 7.4 hours per day when Member





1) is sick,

2) keeps free from its own account,

3) keeps own earned vacation,

4) holiday with holiday benefits,

5) released for early retirement or resign from the early retirement scheme,

6) not available for the labour market, or

7) covered by the claim waiting periods in § 53 (1) or section 54.





(2). A part-time insured member must have coated per diem card in the situations referred to in paragraph 1, with the hour of every day, which corresponds to 1/5 of the average weekly working time before unemployment, see. section 2, paragraph 2.

§ 10. When a member is entitled to the payment of subsistence allowance for one or more full days (G-days), per diem card coated with 7.4 hours for each ledighedsdag.

(2). When a member is entitled to the payment of subsistence allowance for one or more half-G-days, per diem card coated with 3.7 hours for each ledighedsdag.

Special coatings

§ 11. In areas where collective work more than 5 days per week, the Directorate may request from the unemployment insurance fund to draw up specific rules concerning occupancy of per diems map and on the minimum payment if (a) the box can show that there is a need for this.

Minimum payout etc.


§ 12. A full-time insured member can only get additional daily subsistence allowance, if the Member's daily allowance of the week constitutes an amount at least equal to the daily subsistence allowance for 7.4 hours.

(2). A part-time insured member can only get additional daily subsistence allowance, if the Member's daily allowance of the week constitutes an amount at least equal to the daily subsistence allowance for 1/5 of the Member's average weekly working time before unemployment, see. section 2, paragraph 2.

Division of labour

§ 13. A member who is the subject of a division of labour, can get additional daily subsistence allowance, if the following conditions are met:





1) work distribution must be agreed in accordance with the collective agreement or by other collective agreement for temporary reduction of working time in order to avoid redundancy.

2) the Division of labour must be notified to the job centre no later than 1 week before it enters into force. It is true, if it is not expected to stretch out over 13 weeks, and that this does not cause will be Division of labour in more than 13 weeks within the last 12 months.

3) If a division of labour or the total number of weeks with the Division of labour within 12 months items out over 13 weeks, the time beyond 13 weeks for approval from the Regional Employment Councils. The request must be made no later than 4 weeks prior to the Division of labour or the extension comes into effect. The regional Employment Council decision must be arrived at by the employer and that person a-crate (s) no later than 1 week before that work distribution takes effect.

4) working hours must be reduced by the whole days. The reduction must include at least 2 days per week or 1 week's availability followed by 1 week of work full time.

5) work distribution must include either a company as a whole, a corporate Department or a specific production unit in the company. That can be agreed on 13 weeks of Division of labour in each department or unit of production.

6) work distribution must contain a release option for those members who are covered by the scheme, so that each Member can speak up without notice to assume other work with a longer working time.





(2). The regional employment Councils may in exceptional cases authorise other working distributions than those referred to in paragraph 1, no. 5. It applies when the parties are in agreement on this, or when such an arrangement is agreed in the collective agreement.

(3). Entitlement to the supplementary daily subsistence allowance for members covered by the work-sharing scheme, fall away in a continuous work flow, if in the period happens redundancies of the same cause that gave rise to the Division of labour.

§ 14. The regional Employment Councils under section 13 (1). 3, and (2) may not be brought before any other authority.

§ 15. A member has a duty to inform a-checkout, when the conditions for the additional daily subsistence allowance are no longer fulfilled.

Entry into force, etc.

§ 16. The notice shall enter into force on 23 March. June 2008. 1)

(2). § 5 (1) shall take effect from the 14. April 2008, see. However, paragraphs 3-5.

(3). Members that the 14. April 2008 has received supplemental daily subsistence allowance in accordance with the existing rules in section 60, paragraph 1, and section 73 (2), 1. paragraph, of the law on unemployment insurance, etc., see. lovbekendtgørelse nr. 994 of 8. August 2007, and which has not exhausted the entitlement to the supplementary daily allowance, from the entry into force of the Decree within 104 weeks entitled to payment of the supplementary daily subsistence allowance for the number of weeks that have not been exhausted, in accordance with the existing rules on 52 week benefit period.

(4). Fuldtidsforsikrede members who have lost the right to supplementary daily subsistence allowance under section 60, paragraph 1, of the law on unemployment insurance, etc., see. lovbekendtgørelse nr. 994 of 8. August 2007, but which then and before the entry into force of the Decree have had work in an employment relationship without notice, are entitled to the supplementary daily allowance up to the entry into force, within the meaning of the Executive order. However, paragraph 5.

(5). Fuldtidsforsikrede members prior to the 14. April 2008, have lost the right to supplementary daily subsistence allowance under section 60, paragraph 1, of the law on unemployment insurance, etc., see. lovbekendtgørelse nr. 994 of 8. August 2007 and thereafter and prior to the 14. April 2008 has received supplemental daily subsistence allowance in connection with the work without a time limit in an employment relationship without notice, with effect from 14. April 2008 entitled to supplementary daily subsistence allowance for 30 weeks within 104 weeks.

(6). At the same time repealed Executive Order No. 966 by 8. November 2001 on supplementary benefits.
The Labour Directorate, the 19. June 2008 Senthil P/Domenic Official notes 1) prepare guidelines for the Ordinance.