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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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=123407

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 register)
WE, MARGRETHE the SECOND, by the grace of God Queen of Denmark, do indeed: the Danish Parliament has adopted and we know Our consent confirmed the following law: § 1 of the law on unemployment insurance, etc., see. lovbekendtgørelse nr. 975 of 26. September 2008, as amended most recently by § 2 of the law No. 1336 of 19. December 2008, shall be amended as follows: 1. sections 48-50 is replaced by the following: ' section 48. Their size to each Member shall be calculated on the basis of the Member's previous earnings after deduction of labour market contribution, see. law on labour market contribution. By changing labour market contribution and by modifying their highest amount, see. section 47, is regulated by the individual Member so far of earnings by the same percentage.
(2). There is not a new calculation, if working profit concerns a labour relations that have been completed less than 1 year after the termination of a previous work that has formed the basis of a daily allowance calculation.
(3). Daily subsistence allowance may be paid in an amount, which constitutes 90 per cent of the Member's previous earnings, see. However, § 50.
(4). Daily allowances cannot exceed their highest amount, see. sections 47 and 70.
§ 49. The current earnings for salaried employees is calculated on the basis of the wages, salaries, reported pursuant to the Act on the income register of a calculation period, see. paragraphs 2 and 3.
(2). Calculation period includes the last coherent reporting periods prior to unemployment, which covers 3 months by monthly reports and 12 weeks by week-or 14-day alerts.
(3). For the calculation period must be at least 320 man hours monthly reports must be reported, and by week-or 14-day alerts at least 296 hours for fuldtidsforsikrede. For deltidsforsikrede, the monthly reports be reported at least 195 hours and by week-or 14-day alerts at least 180 hours.
(4). The current earnings for self-employed persons is calculated on the basis of annual income in the case of the self-employed.
(5). To a member admitted under section 41 (1) (8). 3 (b), shall be paid a daily allowance in an amount which constitutes 82 per cent of the highest daily allowances according to §§ 47 and 70. If the honourable Member after training completion has had employment, pursuant to section 48 entitles to receive unemployment benefit with a higher amount, however, the Member is entitled to this, when there is progress at least 6 months after the acquisition of the right, without prejudice to a daily allowance. § 54. Then calculate the Member's daily allowance under section 48.
(6). For a person who is admitted as a member under compliance with the obligations of military service or employment conditions, shall be paid a daily allowance of conscript similar pursuant to paragraph 5, 1. section if the person is admitted as a member in compliance with the obligations of military service or employment conditions, shall be paid a daily allowance of conscript similar under section 48, however, so that at least the amount of the daily allowances, as follows from paragraph 5.
§ 50. To a member, who in the past 3 years immediately prior to the entry has been full-time insured unemployment and been in full employment as an employee or has engaged in self-employment substantially be paid daily subsistence allowance with a flat-rate amount, which represents 82 percent of the highest subsistence allowance under section 47. If the Member demonstrates that a daily allowance calculated in accordance with section 48 makes up a higher amount, however, the Member is entitled to this. A member who has been paid a daily subsistence allowance after 1. paragraph, may not have calculated a daily subsistence allowance under section 48, when the elapsed 6 months, after that the right to subsistence is joined.
(2). Daily subsistence allowance under section 48, paragraph 3, article 49, paragraphs 5 and 6, and in accordance with this provision will be rounded to the nearest whole Crown amount. '
2. section 51 shall be replaced by the following: ' § 51. Receive a member in the rise of unemployment benefits, which are not covered by this law, shall immediately inform the Member of the unemployment insurance fund to that effect, and the daily subsistence allowance shall be reduced so that the total daily amount of benefits the Member receives, does not exceed the amount that may be paid under section 48, paragraph 3, section 49 (5) and (6) or section 50. '
3. section 51 (a) is replaced by the following: ' § 51 a. Director of the Labour Directorate sets out after negotiation with the Employment Council detailed rules on the application of the provisions of §§ 48-51, including on the procedure for and the conditions for the calculation of current earnings and the daily subsistence allowance rate for each individual Member. "
4. section 52 shall be replaced by the following: ' § 52. If a member working time or only difficult can be controlled, including in the context of reporting to the register, see income. § 3 of the law on the income register, the income from work shall be converted to hours with the conversion rate applicable at any time. The Director of the Labour Directorate sets out after negotiation with the Employment Council arrangements accordingly. ';
5. In section 52 (a), paragraph 1, the words ' section 51 ' to: ' section 48 '.
6. section 53, paragraph 2 is replaced by the following: ' (2). The right to obtain the daily subsistence allowance referred to in section 55, paragraph 1, periods are also conditional on 1) to a full-time insured member as an employee within the last 3 years has been reported at least 2,039 hours in accordance with the law on a register, or as income in a similar period has engaged in self-employment substantially, or 2) to a part-time insured member as an employee within the last 3 years has been reported at least 1,258 man hours in accordance with law whether an income directory. ';
7. In article 53, paragraph 3, the words ' working periods ' for: ' periods ', ' a) ' shall be replaced by: ' 1) «,» b) ' shall be replaced by: ' 2) ', and ' c) ' shall be replaced by: ' 3) '.
8. section 53, paragraph 4 is replaced by the following: ' (4). Only reported paid hours, etc., see. paragraph 2 and paragraph 3, nr. 1 and 3, of the basic regulation. However, section 52, and self-employment in Member periods taken into account for the calculation of the labour requirement referred to in paragraph 2 and 6. Employment, which granted public subsidies for wages and self-employment subsidised public subsidy for the establishment and operation, and which, in accordance with rules laid down by the Labour Directorate shall be reported to the Member's unemployment fund of the State or municipality in the job centre or the municipality, shall not be counted. '
9. section 53, paragraph 6 is replaced by the following: ' (6). For a member who is entitled to a daily allowance has lapsed as a result of that period pursuant to section 55, paragraph 1 has elapsed, the recovery of the right to receive unemployment benefit is conditional on 1) to a full-time insured member as an employee within the last 3 years has been reported at least 962 hours in accordance with the law on a register, or as income in a similar period has engaged in self-employment substantially , or 2) to a part-time insured member as an employee within the last 3 years has been reported at least 629 man hours in accordance with the law on the income register. '
10. section 53, paragraph 9 is replaced by the following: ' (9). The Director of the Labour Directorate sets out after negotiation with the Employment Council, detailed rules on the application of paragraphs 2 to 4 and 6-8. Who can lay down rules about including that reported man hours, which lies partly in a member period, can be taken into account to meet the employment requirement in relation to the length of the Member within the reporting period. There may also be laid down rules that man hours, located in the reporting period during which unemployment arises, can be taken into account if they are relevant to the achievement of the employment requirement. There may also be laid down that certain periods, for which there is no reported løntime information to the register, can be included in income to the achievement of the employment requirement referred to in paragraph 2 and 6. '
11. In article 55, paragraph 1, the words ' section 51 ' to: ' section 48 '.
12. section 59 (3), is repealed.


Paragraph 4-6 becomes paragraph 3-5.

13. section 60 (1), (2). paragraph is replaced by the following: ' the member acquires the right to begin a new period with reduced subsistence allowance when the Member is then 1) in accordance with the law on the income register as an employee within 12 consecutive months have been reported more than 130 man hours in each of the 6 monthly reports, more than 30 hours in each of the 26 ugeindberetninger or more than 60 hours in each of the 13 14-day alerts without prejudice to article. However, section 52, or 2) has engaged in self-employment substantially for at least 26 weeks within 12 months. '
14. In article 60, paragraph 2, the following is inserted as a 3. paragraph: ' Who can also lay down rules to the effect that certain periods, for which there is no reported løntime information to the income register, may rank as the fulfillment of the requirement referred to in paragraph 1. '
15. section 63, paragraph 4 is replaced by the following: ' (4). By self-inflicted availability in accordance with paragraph 1, the Member shall be imposed a quarantine on 3 weeks. If the Member within the last 12 months prior to the self-inflicted unemployment has gotten a quarantined under section 63 (a), paragraph 2, in order to stay away from a conversation, or have been self-induced, see. (1) the right to receive unemployment benefit lapses. Daily subsistence allowance entitlement has lapsed until the Member

1) as full-time insured wage earner under the law on the income register has been reported 300 man hours, see. However, section 52, within a continuous period, covering 3 months by monthly reports, or 276 hours, see. However, section 52, within a continuous period, covering 12 weeks by week-or 14-day alerts, 2) as part-time employees insured under the Act on an income directory has been reported 150 man hours, see. However, section 52, within a continuous period, covering 3 months by monthly reports, or 138 hours, see. However, section 52, within a continuous period of 12 weeks by week-or 14-day alerts or 3) for at least 26 weeks continuously has driven self-employment significantly. '
16. In section 63, paragraph 6, insert as 2. paragraph: ' there can be fixed including rules requiring that certain periods, for which there is no reported løntime information to the register, can be included in income to the achievement of the employment requirement referred to in paragraph 4. '
17. section 63 (a), paragraph 3 is replaced by the following: ' (3). If the Member within 12 months after receiving a quarantine to stay away from a conversation, without prejudice. paragraph 2, or after receiving a quarantine for self-inflicted availability, see. section 63, paragraph 4, 1. paragraph, without adequate reason again fails to appear for a job interview, dissemination, résumé or on-call conversation, lapse of the right to benefits. Daily subsistence allowance entitlement has lapsed, until Member 1) as full-time insured wage earner under the law on the income register has been reported 300 man hours, see. However, section 52, within a continuous period, covering 3 months by monthly reports, or 276 hours, see. However, section 52, within a continuous period, covering 12 weeks by week-or 14-day alerts, 2) as part-time employees insured under the Act on an income directory has been reported 150 man hours, see. However, section 52, within a continuous period, covering 3 months by monthly reports, or 138 hours, see. However, section 52, within a continuous period of 12 weeks by week-or 14-day alerts or 3) for at least 26 weeks continuously has driven self-employment significantly. '
18. In paragraph 63 (a), paragraph 4, insert as 2. paragraph: ' there can be fixed including rules requiring that certain periods, for which there is no reported løntime information to the register, can be included in income to the achievement of the employment requirement referred to in paragraph 3. ';
19. paragraph 64, paragraph 2 is replaced by the following: ' (2). The right to a new daily allowance period in accordance with paragraph 1 shall be conditional on, 1) to a full-time insured member as an employee under the law on the income register within the past 18 months has been reported at least 962 hours, see. However, section 52, or has engaged in self-employment substantially for at least 26 weeks within the last 18 months, or 2) to a part-time insured member as an employee under the Act on an income directory within the last 18 months has been reported at least 629 man hours, see. However, § 52. '
20. In article 64, paragraph 4, insert as 2.-4. paragraph: ' Who can lay down rules about including that reported man hours, which lies partly in a member period, can be taken into account to meet the employment requirement in relation to the length of the Member within the reporting period. There may also be laid down rules that man hours, located in the reporting period during which unemployment arises, can be taken into account if they are relevant to the achievement of the employment requirement. There may also be laid down that certain periods, for which there is no reported løntime information to the register, can be included in income to the achievement of the employment requirement referred to in paragraph 2. ';
21. section 68, paragraph 3, 1. paragraph is replaced by the following: ' A part-time insured member should let them migrate to full-time insurance if question in accordance with the law on the income register has been reported 1) more than 390 hours, see. However, section 52, within a continuous period of 3 months at the monthly reports or 2) more than 360 hours, see. However, section 52, within a continuous period of 12 weeks by week-or 14-day alerts. '
22. In article 68, paragraph 4, the words ' the hours, for which is paid wages, can be included in the calculation of employment requirement in paragraph 3 ' is: ' to certain periods, for which there is no reported løntime information to the register, can be included in income to the achievement of the employment requirement set out in paragraph 3 ".
23. section 73 (2), 2. paragraph is replaced by the following: ' the member acquires the right to begin a new period with reduced subsistence allowance when the Member is subsequently within 12 consecutive months in accordance with the law on the income register has been reported a number of man hours, see. However, section 52, which is at least equal to the average hours of work prior to unemployment, see. (1) 1) in each of the 6 monthly alerts, 2) in each of the 26 ugeindberetninger or 3) in each of the 13 14-day alerts. '
24. section 73 (4), is repealed.


Paragraph 5 becomes paragraph 4.

25. In section 73, paragraph 5, which becomes paragraph 4, insert as 2. paragraph: ' Who can also lay down rules to the effect that certain periods, for which there is no reported løntime information to the register, can be included in income to the achievement of the employment requirement referred to in paragraph 2. ';
26. In paragraph 74 (b), paragraph 3, the words ' section 51 ' to: ' section 48 '.
27. In section 74 (e), paragraph 3, the words ' section 59 (3) of the ' to: ' section 52 '.
28. In section 74 (j), (9) 1. paragraph, shall be replaced by ' have had paid employment for at least hours, a part-time 3,120 insured member at least 2,496 hours ' to: ' pursuant to the Act on the income register has been reported at least 3,120 man hours, see. However, section 52, a part-time insured member at least 2,496 man hours, see. However, § 52 '.
29. In section 74 (l), (5) 1. paragraph, shall be replaced by ' have had paid employment for at least hours, a part-time 3,120 insured member at least 2,496 hours ' to: ' pursuant to the Act on the income register has been reported at least 3,120 man hours, see. However, section 52, a part-time insured member at least 2,496 man hours, see. However, § 52 '.
30. § 74 m, paragraph 1 is replaced by the following: ' A member who the earliest release for early retirement at least 2 years after the early retirement certificate has effect, and which in this period under the Act on an income directory has been reported at least 3,120 man hours, see. However, section 52, a part-time insured member at least 2,496 man hours, see. However, section 52, or have driven self-employment substantially, earn the right to a tax-free prize until the time when the Member when the old-age pension age, see. lov om social pension, or dies. Entitled to a tax-free prize is also conditional on 1) to Member has gotten reported further at least 481 hours, see. However, section 52, or in an equivalent period self-employment has driven significantly, 2) that the Member will not have been paid to a part-time pension according to law on partial retirement and early retirement contributed no 3) to have been repaid under section 77 (a). ' 31. In § 90 (b), paragraph 2, be inserted after 2. paragraph: ' Unemployment insurance funds can use this information to register correlation for inspection purposes. '
§ 2 paragraph 1. Employment Minister shall determine the time of the entry into force of the Act, see. However, paragraph 2.
(2). § 90 (b) (2), (3). paragraph, of the law on unemployment insurance, etc., as amended by this Act, section 1, no. 31, however, shall enter into force on 1 January. April 2009.
§ 3 the Director of Labour Directorate sets out after negotiation with the Employment Council rules on the inventory and taking into account of periods of work and income, which predates the entry into force on 1 January. January 2008, by the rules of the law on the income register, by decisions of a member's rights and obligations under the law on unemployment insurance, etc., as amended by section 1 of this Act.

Given at Amalienborg, the 17. February 2009 Under Our Royal hand and Seal MARGRETHE r./Claus Hjort Frederiksen