Key Benefits:
Publication of the Law on Payday Guarantee Fund 1)
In this way, the Guarantee Fund of the Salary recipients shall be announced, cf. Law Order no. 1043 of 28. In October 2005, with the changes resulting from section 7 of the Act 404 of 8. May 2006 and section 19 of the Act of Law No 523 of 6. June 2007.
§ 1. The Guarantee Fund ' s Guarantee Fund shall be established to ensure the pay of employees ' salaries and so on in the following cases :
1) By the employer's bankruptcy,
2) at the death of the employer, provided that a decision is taken on the insolvency proceedings or the insolvency of the insolvency proceedings, without alteration ;
3) upon the termination of the establishment, where it is established that the employer is unable to pay the claim, or
4) in the case of the employer ' s declaration of payment.
Paragraph 2. The guarantee fund shall also ensure the requirements of employees in salaries and so on in relation to undertakings which work in several Member States within the EU and the EEA. However, this applies only if :
1) the person ' s salary is usually carried out or carried out in Denmark ; and
2) the company can be regarded as insolvent.
Paragraph 3. A business is deemed to be paragraph 1. 2, no. 2, in the case of insolvent, where the laws, regulations and administrative provisions laid down in a Member State have been submitted for application for collective settlement as a result of the insolvency of the employer, resulting in an entirely insolvency of the employer ; or partially lose the natural resources of its assets, the appointment of a liquidator or a person with a similar function and that the authority which has competence in accordance with the said provisions,
1) either have taken a decision on the opening of the bovine treatment,
2) or have established that the employer ' s undertaking or holding is closed definitively and that the available assets are not sufficient to justify the opening of the settlement.
§ 2. The warranty includes requirements on salary and other remuneration, compensation for disruption of the working relationship, compensation in connection with termination or disruption of the working relationship and holiday compensation. However, this guarantee shall not cover the part of the requirement laid down by the employer in the source or in the case of wage retention following the 1673 of the source tax code.
Paragraph 2. In the sections referred to in section 1 (1). 1, no. In the case of 1 3, the guarantee requires that the requirements or, in the case of bankruptcy, be covered by the bankruptcy slots Section 63 (3). TWO, ONE. PC or Article 95 (5). 1, no. 1-5, cf. paragraph In these cases, the guarantee shall also include equivalent requirements which may be supported on the bankruptcy slop's section 94. 2, if the shift that deals with the estate or the estate of the estate, certifies that the estate is not currently in a position to comply with the requirements.
Paragraph 3. In the sections referred to in section 1 (1). 1, no. The Fund shall, at the time of the day, replace the day of the day, whether or not the claim may be accorded preferential rights after the Danish Act of Conbankruptcy Clause. 1, no. 5, and whether the payment is to be refused pursuant to Article 95 (5) of the bankruptcy law. 2. Has the company reported payees today, the day of notification is day after day, if the company ' s cessation is due to occur within three weeks of the effect of the payment process, the end of the bankruptcy slop is in section 16 d and 16 e.
Paragraph 4. In the case of a declared payment standpoint, cf. Section 1 (1). 1, no. 4, provides warranty claims on wages and so on which are due to the payment condition. This guarantee shall include requirements in the case of bankruptcy in the event of bankruptcy for bankruptcy of the Danish Convency Act. 1, no. 1-3. The fund may refuse to be paid in accordance with the provisions of Article 95 (5) of the bankruptcy limit. 2. The Fund does not pay holiday repayment of its payments. Depauses Payee Payee during the payment condition, the Fund may pay wages during holidays to be used for this. If the pay holder is on vacation with a holiday allowance, the fund will pay for holiday compensation if the requisitive amount has not been paid into the Vacation account. The payment from the fund can only be made if the supervision gives consent for this purpose, cf. bankruptcy slop, section 15, stk.1.
Paragraph 5. In situations referred to in section 1 (1), 2, and where the firm is discharged, the fund may cover the same requirements as laid down in paragraph 1. 1-3.
Paragraph 6. In situations referred to in section 1 (1), 2, and where the company has not been discharged, the fund may cover the same requirements as laid down in paragraph 1. One and four.
§ 3. In situations referred to in section 1 (1), 1, no. In the case of 1 3, the Fund may, in all cases, be paid at a maximum of 10 000 kr. for each pay recipient for claims referred to in the Chapter 94 of the bankruptcy limit. Article 95 (2) and Article 95 (3). 1, no. One-three and five.
Paragraph 2. In situations referred to in section 1 (1), 1, no. 4, the Fund may, within a period of 18 months, be paid up to 3 months ' salary and other remuneration, cf. Section 2 (2). 1 and 4 for each pay recipient, however, in total no more than 55 000 DKK When the Fund has started a payment period, the reference period of 18 months shall not be paid out of the limits set after 1. Act. in relation to the same employer. The reference period shall be deduced from the notification of the payment condition which has only resulted in the payment from the Fund.
Paragraph 3. The Minister for Employment may change the amounts in paragraph 1. 1 and 2 shall be taken into account in terms of wage development
Paragraph 4. In situations referred to in section 1 (1), 2, and where the company is discharged, the fund may be paid out in the same way as provided for in paragraph 1. 1, cf. paragraph 3.
Paragraph 5. In situations referred to in section 1 (1), 2, and where the company has not been discharged, the fund may be paid out in the same way as in accordance with paragraph 1. 2, cf. paragraph 3.
§ 4. The Fund shall make payment when the claim is notified and documented in the Fund. The fund can make partial payment.
Paragraph 2. Payment may only take place where the claim has been dropped.
§ 5. Public authorities, employers and professional organisations shall, at the request of the request, provide the Fund with information which is relevant to decisions on payment from the Fund.
Paragraph 2. The Fund may, in order to use this law, access terminal access to information in the income register, cf. law on an income register section 7.
Paragraph 3. Paraguation 2 includes all information on income, etc. for the calculation and payment of the salary recipient of claims against a discharged and insolvent employer, including information about who has made the alert and the identity of the information ; concerns. There may be interconnection and composition of information in order to supplement and control the employee information in connection with the payment of claims against the Fund.
§ 5 a. The Fund must exchange information with public authorities and courts in other Member States of the EU and the EEA, as well as the guarantee institutions of these states, when the information is relevant to decisions on payment and recovery.
§ 6. The requirement of the employer or his estate is disputed or finds the Fund that the claim is insufficiently substantiated, the Fund may refer the pay-holder to seek the claim to be established by the courts.
§ 7. The Fund shall enter the pay-holder ' s claim against the employer.
Paragraph 2. The Employment Minister shall lay down rules for the procedure and conditions for the refund of the guarantee funds, the payment of inadequacies, costs associated with the recovery and the possibilities for the execution and abandonment of such requirements ; the employer and his estate.
Paragraph 3. Payment of the home meal referred to in paragraph 1 shall be taken into the legal basis. 2. A interest rate corresponding to the fixed reference rate fixed shall be fixed at 5,75%. As the reference rate, the official loan interest shall be used by the National Bank as per the reference rate. 1. January and 1. July the year in question. The interest shall be calculated from the date of payment until the refund has been paid. The maximum maturity of a draining scheme to be fixed in accordance with paragraph 1. Two, three years.
Paragraph 4. There is the right of payment for receippotions in accordance with paragraph 1. 1, including rates of interest, fees and costs imposed on the law or on the basis of rules issued under the law.
Paragraph 5. Unpaid employer contributions after they are 1. In January 1988, the rules in force may, in addition to the interest and costs, be recovered by the pantout.
§ 8. If the pay consignee is to be transferred to the requirements referred to in Article 2, access to the Fund shall be suspended unless the transfer takes place to the person or employer ' s organisation or to the public health-known unemployment fund.
§ 9. Private employers registered after the value added tax slop (VAT slop) or law on the tax of wages and so on shall pay contributions to cover the fund ' s expenditure. The requirement for registering does not apply to foreign companies and companies in the Faroe Islands and in Greenland.
Paragraph 2. The financing contribution shall be paid to the occupational pension for the labour market, which preclaims collection and recovery of financial contributions from employers.
Paragraph 3. The financing contribution may be collected in conjunction with other financing contributions made by employers in the occupational pension market.
Paragraph 4. Fund contributions to be charged in accordance with paragraph 1. 2, which is less than 100 kroner. in a payment period, lapses. Co-financing contributions together with other financing contributions from employers, cf. paragraph 3, make the contribution in 1. Act. the sum of the total financing contributions.
Paragraph 5. The Guarantee Fund of the fees receipts shall determine the amount of the financing contribution to fund the Fund ' s expenditure. In the financing contribution, administrative costs will be part of the Labor Market Additional Pension Cost.
Paragraph 6. The financing contribution shall be calculated from the occupational pension from the Labor Market on the basis of the total contributions received by the employer from the employer during a previous period, the length of which is equal to the period for which payment of financing contributions concern. The contribution of the contribution of the Fund shall be the contribution of the Fund, for each time the employer depositor an amount corresponding to the annual contribution of section 15 (3). 1, in the Act of the Labor Market's Supplementary Pension.
Paragraph 7. The occupational pension market may obtain the information from the IRS and other public authorities of the person concerned, who are necessary to perform the collection and recovery of responsible financing contributions, interest, and the expedition fee, including information on income and property. For the purposes of calculating, collection and processing of financing contributions, information shall be required to provide information in the registers of the Labor Market ' s Supplying Pensions.
Paragraph 8. In the event of payment of financing contributions, the employer shall pay interest payments by 1 ½% of the financial contribution. for each starting month from the due date.
Niner. 9. The occupational pension for the labour market has a right of payment of financing contributions, interest and expedition fees.
Paragraph 10. Decisions on financing contributions and financing contributions, including calculation and collection, may be submitted within a period of four weeks from the date on which the decision has been announced shall be submitted to the Board of Appeal for the occupational pension for the labour market, cf. Section 28 of the Labor Market's Supplementary Pension Act.
Paragraph 11. The Employment Minister, after negotiating the Guarantee Fund of the Salary receivers and the occupational pension scheme, shall lay down detailed rules on the calculation periods and the payment of financing contributions, etc., including the due date and time for the employer ' s employer ; deposit. These rules may be determined by the fact that the occupational pension for the occupational pension may be subject to payment, charge a expedition fee by claims due to a non-payment, and to verify financing contributions, interest and any expedition charges.
§ 10. The Minister for Employment lays down rules on :
1) notification of requirements to the Fund, including the time limit for notification,
2) the documentation to be provided with the notification,
3) the processing of requirements and the processing of :
4) payment from the fund.
§ 11. The Fund shall be administered by the occupational pension for the labour market, cf. Chapter VII of the Labor Market ' s Supplementary Pension Act.
§ 12. Where an employee has given the fund incorrect information or, in particular, the value of the Fund, which is of relevance to the payment from the Fund, sums received by the Fund may be repaid by the pay consignee.
§ 12 a. Unpaid employer contributions after they are 1. In January 1988, the rules in force may, in addition to the interest and costs, be recovered by the recovery authority of the restectic authority. The recovery authority may recover the amount of the amounts due in accordance with the provisions relating to the recovery of personal taxes in the source tax law in question.
Paragraph 2. The Minister for Employment, in consultation with the Minister for the Tax Minister, may lay down detailed rules on the procedure for the retention of pay, including the penalty of penalties for infringements of the rules.
§ 12 b. The recovery authority may comply with the requirements of Clause 12 (a) according to the rules of the levying of the levying of the law.
§ 13. Unless higher penalties have been imposed on the other legislation, the penalty shall be penalized for the failure to comply with a request from the Fund for information or to give false or misleading information, in accordance with the provisions of the Fund. § 5.
Paragraph 2. If the infringement has been committed by a company, cooperatives or similar, the company may be charged as such to be responsible.
§ 14. The law shall apply in cases where the treatment of the employer ' s estate is deemed to have started or where the company ceaves to be 1. April 1972 or later.
§ 15. The law doesn't apply to the Faroe Islands and Greenland, but he knows how to nail. the device shall be implemented in force for Greenland, with the deviations from which the special Greenland conditions are attributed. 2)
§ 2
Paragraph 1. The law shall enter into force on 1. January 1988.
§ 33
The law shall enter into force on the notice in the law and shall also apply to the debts of debts before the entry into force of the law.
§ 15
Paragraph 1. The law shall enter into force on 1. January 1997.
Paragraph 2. Where the death has occurred prior to the entry into force of the law, or to submit a request to replace the shift of the shift before the entry into force of the law, the current rules shall apply.
§ 2
Paragraph 1. The law shall enter into force on 1. January 2000.
Paragraph 2. In the year 2000, set off contributions to the Guarantee Fund of the Payback shall be set out in accordance with section 9 (2). 1, the first time at offset in the compensation in accordance with section 17 of the Work market's Supplementary Pension Act on the basis of payments made by ATP-contributions in the period 23. Feb-22. May 2000.
Paragraph 3. The funds available to the Fund at the entry into force of the law are due to the Fund.
§ 6
Paragraph 1. The law shall enter into force on the day following the announcement in the law. 3)
Paragraph 2. The law shall take effect from 1. January 2002 and the first time for the financing contributions collected on the basis of ATP-contributions received after the 22nd. In February 2002.
§ 7
Paragraph 1. The law shall enter into force on 1. In January 2003 and having effect the first time for the compensatory amounts which should have been paid on the basis of ATP contributions received in the period 23. Feb-22. May 2003.
Paragraph 2. ATP's Ankenaeans can, after the previous rules, deal with cases of calculation and payment of compensatory amounts after Section 17 a.
§ 2
The law shall enter into force on the seventh. In October 2005 and shall take effect on cases where the date of release or the date on which the Fund ' s provision is replaced by the entry into force of the law shall be entered into force.
§ 70
Paragraph 1. The law shall enter into force on the day following the announcement in the law. 4)
Paragraph 2. The law shall take effect from 1. Nov 2005, cf. however, paragraph 1 3.
Paragraph 3. Decisions on recovery, before 1. In October 2005, the previous administrative complaints authorities are transferred to the Committee on Agriculture and Rural Development on the first of the Committee on Agriculture and Rural Development. January 2006, if the complaints so far have not been finalised by this date, the complaint has not been completed.
§ 85
Paragraph 1. The law shall enter into force on 1. November 2005.
§ 23
Paragraph 1. ---.
Paragraph 2. § § 2-6, section 7, no. 2, section 8-13, section 17, nr. 24, section 18-21 and § 22, nr. 1, 2 and 4, enter into force on 1. June 2006.
Paragraph 3. The tax minister shall determine the time of entry into force of Article 7 (2). 1, 5) § 14, § 15, § 16, § 17, nr. One-twenty-three, and paragraph 22, no. Under the fiscal minister, the tax minister may fix different types of entry for different undertakings and so on.
§ 47
The law shall enter into force on 1. January 2008.
§ 48
Paragraph 1. The law shall also apply to previous stiquilations, which do not apply until the date of entry into force of the date of entry into force, according to the applicable rules. Deprecated, however, the earliest entry shall be the 1. In January 2011, unless the claim before this date would be obsolete as well as in accordance with the provisions in force in accordance with the provisions that apply to the entry into force of the law, cf. however, paragraph 1 7. In the latter case the date of entry shall be used at the most recent times.
Paragraph 2. Determination of obsolescence, which has taken place before the entry into force of the law, shall continue to have effect as disruption, even if it has not taken effect on the prescribed manner prescribed by the law.
Paragraph 3. ---.
Paragraph 4. ---.
Paragraph 5. ---.
Paragraph 6. ---.
Paragraph 7. ---.
Paragraph 8. ---.
§ 49
Paragraph 1. The law does not apply to the Faroe Islands and Greenland, cf. however, paragraph 1 Two and three.
Paragraph 2. ---.
Paragraph 3. sections 1, 2, 5-9, 11, 13 to 15, 19, 21, 28, 44 and 45, by means of a royal contraption or in part to Greenland, with the deviations from which the special Greenland conditions are attributed.
1) The law provides for the implementation of Directive 2002/74/EC of the European Parliament and of the Council of 23. September 2002 amending Council Directive 80 /987/EEC on the approximation of the laws of the Member States relating to the protection of workers in the event of the insolvency of the employer (EC Official Journal of 2002) (EC Official Journal of 2002). L-270, s. 10).
2) Anregulation no. 321 of 3. July 1980 on entry into force for Greenland by law on the Salary Fund Guarantee Fund, etc.
3) The law was announced in Lawering 10. May 2002
4) The law was announced in Lawering 7. June 2005.
5) The provision was made in the notice of notification no. 1534 of 14. December 2006 and Notice no. 1396 of 12. December 2007.
