Notice On Disposal And Reduction, Cessation Of Or Reduction In Introductory Benefit

Original Language Title: Bekendtgørelse om rådighed og om nedsættelse, ophør af eller fradrag i introduktionsydelse

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=132618

Overview (table of contents) Chapter 1 Chapter 2 General occupancy conditions personal scope Chapter 3 relief from on-call obligation Chapter 4 Occupancy assessment Chapter 5 Chapter 6 Chapter 7 duty Sanctions entered into force The full text of the notice of disposal and reduction, cessation of or reduction in introductory benefit under section 26, paragraph 6, and article 29, paragraph 5, of the Act on integration of aliens in Denmark (the Integration Act), see. lovbekendtgørelse nr. 1593 by 14. December 2007, as amended by Act No. 479 of 12. June 2009 and Act No. 573 of 31. May 2010, fixed: Chapter 1 persons § 1. This notice includes foreigners who apply for or receive introductory benefit simply because of availability, see. However, paragraph 2.
(2). The provisions of §§ 18-21, 23 and 24 shall apply also for foreigners who apply for or receive introductory benefit due to problems beyond unemployment.
§ 2. Aliens who have applied for or receive introductory benefit simply because of availability, are only entitled to introductory benefit, if the person concerned satisfies the conditions laid down in Chapter 2 on-call and thus available for the labour market, unless the alien is exempt from the on-call obligation under Chapter 3.
Chapter 2 General occupancy conditions Registration as a person seeking work section 3. A foreigner, see. § 1, shall apply to the municipality for help at first register as a person seeking work in the job centre, and the municipality has a duty to ensure this, see. the Danish Integration Act section 26 (a), paragraph 1 1. PT.
(2). The alien must have at least every 7. day confirm its registration as a person seeking work in the job centre, see. the Danish Integration Act section 26 (a) (1), (2). PT.
CV and cv-conversations § 4. The alien must as soon as possible and no later than 3 weeks after registration as a person seeking work in the local job make sure to add a description (cv) of previous employment, education, qualifications and other matters of significance for jobcentrets assistance to find work into the Employment Ministry's database Jobnet. The alien must specify at least one employment targets in areas where there is a need for labor. The job centre can within the time limit of 1. point lay, when information needs to be hospitalized in Jobnet. In the absence of information as referred to in 1. section from an earlier registration as a person seeking work, should the information be made available again immediately, if the alien again will be registered as a person seeking work.
(2). The job centre shall, not later than 3 weeks after the alien's registration as a person seeking work in the job centre hold a cv-interview with the alien, where it must be ensured that the information that the alien has contributed in Jobnet is satisfactory. During the conversation, it is understood that how the job centre to assist with finding a job, the alien and the alien shall be required to search at least two relevant job vacancies.
Adoption of the work section 5. A foreigner should be able to and would take over the work with a day's notice.
(2). A foreigner must be able to take over the work by working time beginning the day after the person is referred to the work, unless the alien referred to work with accession on the same day.
(3). The alien must be able to and would meet for talks and deals after the Integration Act the day after that the alien has received a call from the local authority or the Municipal Council, which has left the task to.
§ 6. A foreigner must be able to take any reasonable work with up to full normal working time.
(2). Reasonable work is any work which he or she is deemed to be able to cope.
§ 7. A foreigner must base could take over the work with an overall daily duration of transport from place of residence to the place of work of up to 3 hours by public transport. After 3 months on aggregate unemployment must the person could take over the work with an overall daily travel time of more than 3 hours by public transport. In special cases, however, the alien could take over the work with an overall daily duration of transport from place of residence to the place of work of up to 4 hours with public transport.
(2). If the alien living in an area where it is necessary to have longer transit time than usual, the person concerned must accept this move time.
(3). A foreigner who is between-or highly educated, regardless of daily shipping time could take over the work, if it is necessary to get the vacancies filled with skilled workers.
Search for employment, etc.
§ 8. A foreigner must be actively seeking work. The alien must seek reasonable work, see. section 6, paragraph 2, and shall as far as possible, seek employment with full usual hours of work and work that is offered throughout the year.
(2). The alien must seek work in the way that is usual in the area concerned.
(3). The alien must also search job vacancies, when requested by the job centre.
§ 9. A foreigner must participate in deals as part of the introduction programme.
(2). The Municipal Council may decide that a foreigner, participating in promotions as part of the introductory programme, not must comply with the requirements concerning the acquisition of work in §§ 5-7 and on the search for employment in section 8, if the Municipal Council considers that the offer to help, that the alien can obtain stable employment, including when the alien shall participate in a specific targeted training courses.
§ 10. A foreigner must meet to draft the 1) job interviews and resume talks with the job centre or with other player, 2) occupancy assessments at the job centre plus 3) follow-up conversations in the municipality.
(2). The alien must provide notice to the job centre, the municipality, the employer or other actor about disease in cases where the party concerned must appear for a job interview with a 1) employer or 2) an offer, as part of the introduction programme.
Emancipation certificate, etc.
§ 11. A foreigner who has their working time in a recruitment with termination notice, is not entitled to receive introductory benefit after the Danish Integration Act § 25, unless 1 the employer declares to want to) ignore the notice, if the alien would be offered another job, as a result of which concerned to a greater extent or completely will be self-supporting, or 2) worked at the reduced time at any time can be placed so that work does not preclude the acquisition of other work.
(2). The employer's declaration in accordance with paragraph 1, nr. 1, must be explained by a means of a certificate or of a contract of employment.
(3). The alien can receive introductory benefit from the first day, when the employment relationship the employer's declaration is received in the municipality signed within 5 weeks after the employment relationship has begun, or after the alien must have a certificate of emancipation in order to receive introductory benefit. The 5 weeks counted from and with the day, the employer is entitled to a termination notice. If the municipality receives the employer's declaration after the end of the five weeks of the deadline, the alien is not earlier than a few introductory benefit from that day, the municipality received the statement.
(4). If the alien spouse has part-time work, must be the subject of a release certificate concerning the alien's spouse. However, this does not apply if the alien spouse's monthly income is equal to or higher than the amount that the spouse would be able to get as introductory benefit.
(5). The municipality may in exceptional cases after a concrete assessment pay introductory benefit for up to 6 months without a certificate of emancipation.
§ 12. A foreigner may be available for the labour market, even if the alien has civic duties or any other profession in the public interest, which limits the ability to take over the work.
Chapter 3 relief from on-call obligations § 13. A foreigner shall not be available for a work or a quote after the Integration Act, if 1) offer cannot be considered a reasonable offer because of conditions relating to the content, 2), the person concerned is unable to work due to illness, or there is a risk that your health deteriorates, if the work continued, 3) distance between residence and place of work leads to an unfair load of the concerned due to transport difficulties or the time that goes to transportation, 4), the person concerned is entitled to absence through pregnancy, childbirth and adoption, to the extent that absence in accordance with the provisions of the maternity section 6, paragraphs 1 and 2, section 7, section 8, paragraphs 1 to 6 and 8, article 9, section 13 and section 14 (1) and (2) gives the right to receive unemployment benefit, 5) he/she is obliged to care for her children, and that cannot be allocated other care option , 6) the beneficiary concerned following the law on social services for the care of handicapped child or a dying close or after maternity law for the care of seriously sick child, 7), the person concerned is covered by a friperiode after the Danish Integration Act § 24, 8) the work is subject to a contractual conflict, or 9) the work includes the development and manufacture of war materials.
(2). A foreigner who is exempt from the on-call obligation in accordance with paragraph 1, nr. 2, 4 and 6-8, will not be available after this notice, while the exemption goods. Reason exemption under paragraph 1 is only attached to the concrete work or offer, should the person remain available for another offer.
Chapter 4 Occupancy assessment section 14. The Municipal Council must examine and assess a foreigner's available, if there is doubt as to whether the alien at the disposal of the labour market, including if the alien 1) refuses a job that the alien is referred to, 2) fails to appear for a job or a cv-conversation in the job centre or from another player or from an on-call assessment in the job centre, 3) fails to appear for a follow-up interview in the municipality or 4) fails to notify the job centre , Municipal Council or employer about disease in cases where the unemployed persons are given a discount pursuant to section 23 of the Act or to appear for job interview with an employer.
§ 15. A municipal board, on the basis of a public control action recipient information, which raises doubts about whether a foreigner fulfills its obligation, shall immediately convene the alien-call for an individual conversation, to be held within 1 week from the time when the information is received, see. the Danish Integration Act § 27, paragraph 3.
§ 16. The Municipal Council must assess a foreigner's available when the alien 2 times has signed up sick in connection with discussions with the municipality, reference of work offer as part of the introductory programme, etc.-call assessment shall thereafter be performed each time the alien must report sick in connection with those activities, until the alien did not receive assistance for a period of 6 consecutive months.
§ 17. The assessment in accordance with §§ 14-16 provides for an assessment of whether the alien at the same time continue to receive introductory benefit simply because of availability.
(2). The assessment in accordance with §§ 14-16 Municipal Council must ascertain that the alien even makes an effort to emerge from its unemployment rate by, inter alia, to look for a job and participate in offerings as part of the introduction programme.
Chapter 5 section 18 Penalties. Tax deduction or reduction or cessation of the introduction allowance after the Danish Integration Act §§ 30-31 is in accordance with the Integration Act section 29, paragraph 1, shall be subject to the Municipal Council at the same time, with reference to the work, the deals, the call to conversation, etc. in writing informed the alien about the consequence of the payment of the introduction allowance, if the person, without reasonable cause refuses or fails to work, rejects from the offer, not meetings for conversation, etc. and about what steps an alien who fails to appear, must take in order to become eligible for induction.
(2). Tax deduction or reduction or cessation of aid takes place with effect from and including the day on which the alien has failed to appear without reasonable cause from participation in the introduction programme, see. the Danish Integration Act section 30 (a) (1), or has failed to comply with its obligations in accordance with the Integration Act §§ 26 and 26A. Deductions and reduction of the service must be made within 3 full calendar months after the date of the event. Statement of the scope of a no-show from deals, see. the Danish Integration Act section 30 (a), paragraph 1, can be assembled once a month. -Party consultation carried out in relation to the total monthly statement.
§ 19. The Municipal Council must under section 30, paragraph 1, in the Integration Act reduce the introductory performance, if a foreigner 1) without reasonable cause shall cease its work, 2) without reasonable cause refuses offer of work, 3) fails to give notice of disease to the job centre or the employer, see. the Danish Integration Act § 27, paragraph 1, no. 4, 4) without reasonable cause fails after demands from the job centre to seek concrete job without prejudice. the Danish Integration Act section 26 (a) (4) 2. paragraph, 5) without reasonable cause fails to give notice of disease to the municipality in cases where the unemployed are invited for a medical follow-up conversation or actions as part of medical follow-up, see. Integration section 20 (a), or 6) without reasonable cause shall end with an education that is initiated on the basis of a training cold cuts, see. the Danish Integration Act section 16 (a).
(2). Introduction allowance may be reduced in accordance with paragraph 1 with the following amounts per event (provided in the 2010 level): 1) 385 kr. for foreigners who receive benefit under section 28 (a), paragraph 1. Nr. 1-3.2) 235 kr. for foreigners who receive benefit under section 28 (a) (1). 4. The provisions of paragraph 3. The reduction is done on the basis of the amount by which the alien was entitled to at the time of the event. That can only happen once per calendar month reduction.
§ 20. The Municipal Council shall carry out the Integration Act section 30 (a), paragraph 1, after deduction of the introductory performance, if a foreigner who receive introductory benefit, without reasonable cause fails to appear for participation in one or more parts of the introductory programme, including measures in the context of medical follow-up. The deduction shall be made for the number of days during which the person concerned is in default in whole or in part.
(2). Deduction in accordance with the Integration Act section 30 (a), paragraph 1, is done with an average rate per day, the alien has failed to appear from offer, etc. If the monthly allowance for a foreigner is established, shall be reduced by the deduction after the Danish Integration Act section 30 a, paragraph 1, with the same proportion. The average rate is determined on the basis of the annual induction performance and fixed per day calculated on the basis of a 5-day week.
(3). The average rate per day is happening Friday with after the Danish Integration Act section 30 (a), paragraph 1, is the rate that pursuant to section 35, paragraph 5, of the Act on active social policy is in force in relation to persons receiving home help.
(4). During participation in corporate trainee position, see. Integration section 23 (b) lapse of employment allowance in accordance with the Integration Act article 23 b, paragraph 6, of the number of hours that the alien has failed to appear without reasonable cause.
§ 21. The Municipal Council shall carry out the Integration Act section 30 (a) (3) deductions during the introduction allowance, if a foreigner who receive introductory benefit, without reasonable cause fails to appear for a job interview, including an interview as part of medical follow-up, a cv-conversation or an on-call assessment at the job centre or without reasonable cause fails to appear for a job or cv-conversation with other player. The deduction shall be made for the days that passes from the alien had to be met for the job interview, cv-conversation or occupancy assessment, and until the switch to the job centre is restored. Deductions in the performance of the day when the conversation or occupancy assessment should have taken place, regardless of whether the alien will contact the job centre on the same day.
(2). Deduction is done with a proportional share of the month introductory benefit equal to the number of calendar days during which the alien has not fulfilled the conditions to receive introductory benefit, in relation to the total number of calendar days of the month, see. the Danish Integration Act section 29, paragraph 4.
§ 22. The Municipal Council shall carry out the Integration Act section 30 (a), (4) tax deduction induction performance, if a foreigner who does not have problems in addition to unemployment, failed to register as a person seeking work in the job centre, see. section 26 (a), paragraph 1 1. paragraph, have failed to confirm his registration, without prejudice. section 26 (a) (1), (2). paragraph, or has failed to put his cv into the Jobnet no later than 3 weeks after signing up, see. section 26 (a), paragraph 2, unless the lack of registration, confirmation of registration or hospitalization of the cv is not due to the alien's own conditions. Deductions are made for the days when the person concerned has not been registered, has not confirmed his registration and has been deregistered, or where the CV has not been put into.
(2). The Municipal Council must not, however, deduct the first and the second time it has failed to confirm his registration within 12 months, if he or she confirms his registration within a period laid down by the job centre, see. the Danish Integration Act section 30 (a), paragraph 5.
(3). Deduction is done with a proportional share of the month introductory benefit equal to the number of calendar days during which the alien has not fulfilled the conditions to receive introductory benefit, in relation to the total number of calendar days of the month, see. the Danish Integration Act section 29, paragraph 4.
§ 23. The Municipal Council must determine that the introduction allowance ceases if the alien or his or her spouse without reasonable cause refuses to participate in one or more parts of the introductory programme, including measures in the context of medical follow-up, so long as the possibility of using the bid consists of the basic regulation. the Danish Integration Act section 31, paragraph 1.
(2). The Municipal Council must determine that the introduction allowance ceases if the alien or his or her spouse without reasonable cause has repeated no-shows from one or more parts of the introduction programme and udeblivelserne have a so significantly that the absence can be treated as a rejection of the introductory program, see. the Danish Integration Act section 31, paragraph 2.
(3). Are there by virtue of the Danish Integration Act section 31 (1) or (2) a decision on the cessation of the introduction allowance, as long as this persists, the basis for this are present. Municipal Board shall, not later than at the end of each month an assessment thereof.
§ 24. The Municipal Council must determine that the introduction allowance ceases if the alien or his or her spouse without reasonable cause fails to comply with the obligations derived therefrom or cold cuts announced after the Danish Integration Act section 16 (a), as long as the ability to comply with the notice or obligation consists of the basic regulation. the Danish Integration Act section 31, paragraph 4.
(2). Is there a decision on termination of the introductory performance, persist with this, as long as the basis for this are present. Municipal Board shall, not later than at the end of each month an assessment thereof.
Chapter 6 accountability § 25. A foreigner who is registered as a person seeking work in the job centre must notify the job centre adequate information about previous employment, education, qualifications and other matters of significance for jobcentrets assistance to find work. The alien must also specify at least one employment targets in areas where there is a need for labor.
(2). The alien must regularly revise the contents of Jobnet.
(3). The alien must provide the job centre and the municipality of access to the information that the alien has contributed in Jobnet.
Chapter 7 entry into force of § 26. The notice shall enter into force on the 1. July 2010.
(2). At the same time repealed Executive Order No. 47 of 6. January 2010 about available and on the setting-up, or cessation of or reduction in the introductory performance.

Ministry of refugee, immigration and Integration Affairs, the 17. Birthe Rønn Hornbech June 2010/Frederik Gammeltoft