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Law Amending The Law On Unemployment Insurance, Etc. (Calculation Of Daily Subsistence Allowance, The Estimation Of Employment Requirements, As Well As Unemployment Funds Access To Directory Interoperation In Connection With The Use Of The Income Regis...

Original Language Title: Lov om ændring af lov om arbejdsløshedsforsikring m.v.(Beregning af dagpenge, opgørelse af beskæftigelseskrav samt arbejdsløshedskassernes adgang til registersamkøring i forbindelse med anvendelse af indkomstregisteret)

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The law on the amendment of the law on unemployment insurance and so on.

(Calculation of unemployment benefits, the employment requirements and the access of the unemployed to the register in connection with the application of the income register)

We, by God's grace, the Queen of the Danes, do our thing.

The parliament has adopted the following law, and we know that the following law has been approved by Parliament's consent :

§ 1

In accordance with the law on unemployment insurance, etc., cf. Law Order no. 975 of 26. September 2008, as last amended by Section 2 of Law No 1336 of 19. In December 2008, the following changes are made :

1. § § 48-50 ITREAS :

" § 48. The amount of the daily allowance for each member shall be calculated on the basis of the Member's past labour profits after deduction of labour market contributions, cf. law on labour market contributions. In the case of changes to the amount of the labour market contribution and the amount of the highest amounts of the daily allowance, cf. Section 47 is regulated by each Member so far, with the same percentage.

Paragraph 2. A new calculation shall not be made if the work of the works relates to a working relationship that has been finalised less than 1 year after the completion of a previous work, which has formed the basis for a daily calculation of the benefits.

Paragraph 3. The maximum amount of the daily allowance may be paid out by a sum of 90%. of the Member's work to date, cf. However, $50.

Paragraph 4. The daily allowance may not exceed the highest amount of the daily allowance, cf. § § 47 and 70.

§ 49. The work earned to date paid so that wage earners are calculated on the basis of salary income reported in accordance with the law of an income register during a calculation period, cf. paragraph Two and three.

Paragraph 2. The period of calculation shall include the most recent incoherent reporting periods preceding unemployment, which covers 3 months at monthly reports and 12 weeks by week or 14-day reports.

Paragraph 3. For the calculation period, the monthly reports shall be reported at least 320 hours, and by week-or 14 days-reported at least 296 hours for full-time insured. In the case of part-time insured, the monthly reports shall be reported at least 195 hours and by week-or 14-day reports at least 180 hours of work.

Paragraph 4. The existing work of self-employed persons shall be made up on the basis of the annual income of the self-employed.

Paragraph 5. For a member that is busy in accordance with section 41 (1). 1, no. Paragraph 3 (b) shall be paid out with a sum of 82% of the amount. of the highest daily money in accordance with ~ § 47 and 70. However, if the Member following the end of the training period, which after paragraph 48 justifies a daily allowance with a higher amount, the Member shall, however, qualify for this when at least six months after obtaining the daily allowance, cf. § 54. Then the Member's daily allowances are calculated after paragraph 48.

Paragraph 6. For a person who is listed as a member during the department of service obligations or employment on a host-related condition, the benefits shall be paid out in accordance with paragraph 1. FIVE, ONE. Act. However, if this person is listed as a member before the field of service obligations or employment on a host-related condition, the daily allowance shall be paid in accordance with section 48, so that the daily allowance shall at least amount to the amount provided for in paragraph 1. 5.

$50. A member who has been fully insured in the last three years immediately prior to the entry into full employment of a person or having self-employed self-employed or self-employed activities on an important basis shall be paid out with a flat-rate amount, is 82%. of the highest daily payday after Section 47. However, if the member documents that daily allowance calculated by section 48 represents a higher amount, however, the Member is entitled to do so. A member who's paid out day money after 1. PC may not receive daily allowances after § 48 when it has elated six months after the right to a day's money has been entered.

Paragraph 2. Daily money after paragraph 48, paragraph 1. 3, section 49, paragraph. 5 and 6, and shall be rounded off to the nearest whole amount of the crown. `

2. § 51 ITREAS :

" § 51. If a member of unemployment is not subject to this law, the Member shall immediately inform the unemployment fund and the daily allowance shall be reduced so that the total daily benefit amount, the Member is receiving, does not exceed : the amount which may be paid after paragraph 48 (3). 3, section 49, paragraph. 5 and 6, or $50. "

3. § 51 a ITREAS :

" § 51 a. The Director of the Board of Directors shall lay down detailed rules on the application of the provisions of section 48-51, including the procedure and conditions for the calculation of intemperate work profits and daily allowance for the individual member. "

4. § 52 ITREAS :

" § 52. If the working time of a member is not, or only, difficult to check, including in connection with the reporting to the income register, cf. Section 3 of the law of the income register shall be converted from the work for hours, at any time applicable to the conversion rate. The Director of the Board of Directors shall lay down detailed rules on the subject of a debate with the Employment Board. `

5. I § 52 A (3) (a) 1, "§ 51" shall be replaced by : "§ 48".

6. Section 53 (3). 2, ITREAS :

" Stop. 2. The right to receive daily allowances in the section 55 (5). Furthermore, periods of time are conditional upon,

1) a full time-insured member to receive a salary in the last three years has been reported for at least 1,924 hours in accordance with the law of an income register or, in a corresponding period, with self-employed self-employed activities in an important period of time ; scope, or

2) a part-time insurance member to be paid in respect of the last three years has been reported at least 1,258 hours in accordance with the law of an income register. `

7. I Section 53 (3). 3, the ' work periods ' shall be replaced by ' the periods ', ' (a) ` shall be replaced by : ' 1) `, ' (b) ` shall be replaced by : ' 2) `, and ' (c) ` shall be replaced by ' 3) ` ;

8. Section 53 (3). 4, ITREAS :

" Stop. 4. Only reported wage hours, etc., cf. paragraph 2 and paragraph 1. 3, no. 1 and 3, cf. however, section 52, and self-employed business in member periods, shall be included in the inventory of the labor referred to in paragraph 1. Two and six. Employment to which public grants are awarded to wage and self-employed activities to which public grants are provided for the establishment and operation of the public sector and which, according to the rules laid down by the Board of Directors, shall be notified to the Member's Member State ; The unemployment rate of the State or the municipality of the job centre or the municipality shall not be included. `

9. Section 53 (3). 6, ITREAS :

" Stop. 6. For a member whose entitlement to unemployment is lost as a result of the periods referred to in Article 55 (3). 1, has expired, the acquisition of the right to benefits is contingent upon ;

1) a full time-insured member to receive a salary in the last three years has been reported for at least 962 hours in accordance with the law of an income register, or, in a corresponding period, having self-employed self-employed activities in an essential manner ; or

2) a part-time insurance member to be paid during the last three years shall have been reported at least 629 hours in accordance with the law of an income register. `

10. Section 53 (3). 9, ITREAS :

" Stop. 9. The Director of the Board of Directors shall lay down detailed rules on the application of paragraph 1 of paragraph 1. 2-4 and 6-8. It may include, in particular, that the reporting of paid hours, which are part of a membership period, can be taken into account for the achievement of the employment requirement relative to the length of the Member State for the reporting period. Rules may also be laid down that wage lessons in the reporting period during which unemployment is to be fulfilled may be taken into account if they are relevant to the fulfilment of the employment requirement. Furthermore, rules may also be laid down that certain periods for which no pay hourly data are not reported to the income register may be included in the fulfils of the employment requirement in paragraph 1. 2 and 6. "

11. I § 55, paragraph 1. 1, "§ 51" shall be replaced by : "§ 48".

12. § 59, paragraph. 3, revoked.

Paragraph 4-6 will then be referred to in paragraph 4. 3-5.

13. § 60, paragraph. ONE, TWO. pkt., ITREAS :

" The member achieves the right to start a new period of reduced day benefits, after the member thereafter

1) in accordance with the law of an income register in the 12 consecutive months paid, more than 130 per six monthly reports have been reported for more than 30 hours of reports, more than 30 hours in each of 26 weekly reports or more than 60 hours in the year ; each of 13 14 days-day reports, cf. however, section 52, or

2) has been engaged in self-employed activities for a significant degree for at least 26 weeks within 12 months. ` ;

14. I § 60, paragraph. 2, pasted as Three. Point. :

' There may also be rules on the fact that certain periods for which paycheck information is not reported to the income register may be included in the fulfils of the requirement laid down in paragraph 1. 1. "

15. § 63, paragraph 4, ITREAS :

" Stop. 4. For the self-inflictness of paragraph 1, 1 is subject to a quarantine of three weeks. If the Member in the last 12 months preceding the self-inflictness of this self-inflictance, a quarantine has been quarantined according to section 63 a (a). 2, to stay away from a conversation or have been self-inflished, cf. paragraph 1, the right to a daily withdrawal lapses. The daily allowance has been suspended until the Member

1) as full-time-insured pay consigniable, in accordance with the law of an income register, 300 hours of pay have been reported, cf. however, section 52, within a consecutive period that covers 3 months in the month of the month, or 276 hours of pay, cf. however, section 52, within a continuous period covering 12 weeks by week or 14-day reports,

2) as a part-time insured pay in accordance with the law of an income register, a paid person has received 150 payroll hours, cf. however, section 52, within a consecutive period that covers 3 months in the month of the month, or 138 hours of pay, cf. however, section 52, within a consecutive 12 week period of week or 14-day reports, or

3) in the last 26 weeks, independent business activity has been uninterrupted in a significant manner. ' ;

16. I § 63, paragraph 6, pasted as Act 2. :

' (including rules may be laid down) that certain periods for which no pay hourly data are not reported to the income register may be included in the fulfils of the employment requirement in paragraph 1. 4. "

17. § 63 a (3) (a) 3, ITREAS :

" Stop. 3. If the member within 12 months of having been quarantined to stay away from a conversation, cf. paragraph 2, or after having been quarantined for self-inflicttenacity, cf. § 63, paragraph FOUR, ONE. ., without adequate reasons for further away from a job interview, intermediaries, cv or on-call, the right to a day's money lapses. The daily allowance has been suspended until the Member

1) as full-time-insured pay consigniable, in accordance with the law of an income register, 300 hours of pay have been reported, cf. however, section 52, within a consecutive period that covers 3 months in the month of the month, or 276 hours of pay, cf. however, section 52, within a continuous period covering 12 weeks by week or 14-day reports,

2) as a part-time insured pay in accordance with the law of an income register, a paid person has received 150 payroll hours, cf. however, section 52, within a consecutive period that covers 3 months in the month of the month, or 138 hours of pay, cf. however, section 52, within a consecutive 12 week period of week or 14-day reports, or

3) in the last 26 weeks, independent business activity has been uninterrupted in a significant manner. ' ;

18. I § 63 a (3) (a) 4, pasted as Act 2. :

' (including rules may be laid down) that certain periods for which no pay hourly data are not reported to the income register may be included in the fulfils of the employment requirement in paragraph 1. 3. "

19. ~ 64, paragraph. 2, ITREAS :

" Stop. 2. The right to a new daily financial period in accordance with paragraph 1. 1 is conditional upon,

1) a full time-insured member, in accordance with the law of an income register within the last 18 months, has been reported for at least 962 hours, in accordance with the law of the last 18 months, in accordance with the law of the last 18 months. however, section 52, or new self-employed self-employed activities for a significant amount for at least 26 weeks in the last 18 months, or

2) a part-time insured member in accordance with the law of an income register within the last 18 months of new, reported at least 629 pay hours, cf. However, section 52. "

20. I ~ 64, paragraph. 4, pasted as 2.-4. Act. :

' In particular, rules may be laid down for the reporting of paid hours, which are part of a membership period, to be considered to meet the employment requirement in relation to the length of the Member State for the reporting period. Rules may also be laid down that wage lessons in the reporting period during which unemployment is to be fulfilled may be taken into account if they are relevant to the fulfilment of the employment requirement. Furthermore, rules may also be laid down that certain periods for which no pay hourly data are not reported to the income register may be included in the fulfils of the employment requirement in paragraph 1. TWO. "

21. § 68, paragraph. THREE, ONE. pkt., ITREAS :

" A part-time insured member shall be transferred to full-time insurance if the person concerned in accordance with the law of an income register has been notified,

1) in more than 390 hours, cf. however, section 52, within a consecutive period of three months at the month of the month,

2) more than 360 wage hours, cf. however, section 52, within a continuous period of 12 weeks by week or 14-day reports. `

22. I § 68, paragraph. 4, the period ' hours for which a salary is paid may be included in the calculation of the employment requirement in paragraph 1. 3 ' shall mean that certain periods for which salary hours for the income of the income are not reported may be taken into account for the fulfils of the employment requirement laid down in paragraph 1. 3 ".

23. § 73, paragraph 1. TWO, TWO. pkt., ITREAS :

The Member shall obtain the right to start a new period of reduced daily allowances when, within 12 consecutive months, the member has been reported for a number of hours in accordance with the law of an income register, cf. however, section 52, which shall be at least equal to the average working time before unemployment, cf. paragraph 1,

1) in each of six monthly reports,

2) of each 26 week of the week, or

3) for each of 13 14 days of reported. ` ;

24. § 73, paragraph 1. 4, revoked.

Paragraph 5 shall then be referred to in paragraph 5. 4.

25. I § 73, paragraph 1. 5, the first paragraph of the Member 4, insert as Act 2. :

' There may also be rules on the fact that certain periods for which no pay hourly data are not reported to the income register can be taken into account for the fulfils of the employment requirement in paragraph 1. TWO. "

26. I Section 74 (b) (b) 3, "§ 51" shall be replaced by : "§ 48".

27. I § 74 e, paragraph 1 3, in the words ' section 59 (4), 3 "to :" § 52 ".

28. I § 74 j, paragraph 9, 1. pkt., in the case of a change in salary for at least 3 120 hours, a part-time insured member shall, however, at least 2,496 hours ` shall be replaced by the following : at least 3.120 hours, in accordance with the law of an income register, in accordance with the law of a income register. however, section 52, a part-time insured member, however, at least 2,496 wage hours, cf. However, section 52.

29. I section 74 l, paragraph 1. FIVE, ONE. pkt., in the case of a change in salary for at least 3 120 hours, a part-time insured member shall, however, at least 2,496 hours ` shall be replaced by the following : at least 3.120 hours, in accordance with the law of an income register, in accordance with the law of a income register. however, section 52, a part-time insured member, however, at least 2,496 wage hours, cf. However, section 52.

30. § 74 m (2) 1, ITREAS :

' A member shall be transferred to a minimum wage at least two years after the proof has effect and which during this period in accordance with the law of an income register has been reported at least 3 120 hours, in accordance with the law of the income register. however, section 52, a part-time insured member, however, at least 2,496 wage hours, cf. however, section 52, or have driven independent business to a significant extent, earn the right to a tax-free premium until the time when the Member reaches the age of the age of the population, cf. Law on social security, or death. In addition, the right to a tax-free premium is conditional upon,

1) the member has been reported further at least 481 wage hours, cf. however, section 52, or, in a corresponding period, have driven independent business to a significant extent ;

2) that the member has not been paid out of Part Pension, by the Law on Parretire and

3) that the after-wage contribution is not repaid after § 77 a. ` ;

31. I § 90 b, paragraph. 2, is inserted after 2. Act. :

' Unemployment rates may be used for recording equipment in the control purposes. `

§ 2

Paragraph 1. The Employment Minister shall determine the date of entry into force of the law, cf. however, paragraph 1 2.

Paragraph 2. § 90 b, paragraph. TWO, THREE. pkt;, in the law on unemployment insurance, etc. as drawn up by this law's § 1, nr. However, 31 shall enter into force on 1. April 2009.

§ 3

The Director of the Board of Directors shall lay down, following a negotiated procedure with the Employment Council, rules on the calculation and the inclusion of periods of work and income before the entry into force of 1. In January 2008, by the rules of the law on an income register, decisions on the rights and obligations of a Member for the law on unemployment insurance and so on as amended by section 1 of this Act.

Givet on Amalienborg, on the 171. Feb 2009

Under Our Royal Hand and Segl

MARGRETHE R.

-Claus Hjort Frederickson