Law On Compensation And Reimbursement For Conveyance By Participation In Vocational Adult And Continuing Education

Original Language Title: Lov om godtgørelse og tilskud til befordring ved deltagelse i erhvervsrettet voksen- og efteruddannelse

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=132381

Overview (table of contents)



Chapter 1



Purpose





Chapter 2



Access to compensation and subsidies for the transport





Chapter 3



Application for compensation and subsidies to transport, etc.





Chapter 4



Contribution to the arbejdsmarkedets tillægspension





Chapter 5



Administration, etc.





Chapter 6



Access to justice





Chapter 7



Criminal provisions





Chapter 8



Entry into force, etc.



The full text of the law on compensation and reimbursement for conveyance by participation in vocational adult and continuing education

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: Chapter 1 Purpose article 1. The law aims to create the basis for that mainly low-skilled adults who are in employment, can participate in vocational adult and continuing education and with vocational training level with compensation for loss of income or employment opportunity and with subsidies for the transport.

Chapter 2 access to compensation and subsidies to the transport Person circles



§ 2. Participants in the training, which is subject to the rules laid down under section 4 may be granted the allowance and allowance for the carriage in accordance with §§ 5-9, see. However, sections 3 and 10, when the 1) have employment in Denmark as wage earners or self-employed and 2) doesn't have a vocational training with regard to the level and duration exceeds the level of vocational training or other training that can be equated therewith, unless the training has not been used by the person concerned in the last five years.

(2). The Minister may lay down detailed rules on the conditions of paragraph 1, including requirements for the employment which entitles to compensation and reimbursement for services. The Minister may also lay down rules to the effect that persons without employment in Denmark, see. (1). 1, can obtain grants for transport.

§ 3. Participants, as is mentioned in section 2, paragraph 1, may not, however, obtain the reimbursement, if the question 1) as a result of a training agreement concluded under the law are entitled to pay from an employer during training, 2) shall be entitled to reimbursement from other compensation schemes, with the exception of remuneration from the skills development fund, which was set up by common accord of the renewal in the private labour market in 2007 , or from similar schemes for training Minister's determination or 3) receive other public services, which is intended to cover the cost of living.

(2). The Minister may lay down detailed rules on the conditions of paragraph 1 of this article, including rules concerning compensation schemes as referred to in paragraph 1, no. 2. Education, etc., qualifying for the allowance and allowance for the carriage



§ 4. The Minister shall lay down detailed rules on the vocational adult and continuing education, including competence assessment courses and vocational adult and continuing education within other ministries, qualifying for the allowance, and which vocational adult and continuing education, including competence assessment courses, qualifying for the subsidy for the transport, pursuant to section 2.

Reimbursement



§ 5. Persons covered by article 2, paragraph 1, by participating in the training, which is subject to the rules laid down under section 4, obtain compensation for the loss of income or employment opportunity which their participation in the training entails.

(2). The remuneration referred to in paragraph 1 can per week shall not exceed an amount equal to arbejdsløshedsdagpengenes highest amount for a week, see. section 47 of the law on unemployment insurance, etc., the allowance is paid per working hour with loss of income or employment opportunity due to participation in training and is calculated on the basis of a rated weekly working hours and their highest amount for 1 week. There may be granted compensation for the number of hours within the area concerned correspond to full-time work.

(3). The Minister may lay down detailed rules for compensation in accordance with paragraph 2.

§ 6. The Minister may lay down detailed rules concerning that remuneration under section 5 by participation in individual educational activities, groups of training activities or training activities organized under specific types either lapse or be reduced in such a way that the calculation be based on a smaller amount than referred to in section 5, paragraph 2.

§ 7. When employers pay usual salaries to participants during training, which entitles to compensation arises, the employer of the participant's right to compensation. The compensation amount to the employer is equal to the remuneration which the participant could have been paid. However, this amount may not exceed the payroll cost during training, etc. exceeds the amount the wage shall be paid the difference for the participant.

Grants for transport



§ 8. Persons covered by article 2, paragraph 1, by participating in the training, which is subject to the rules laid down under section 4, obtain grants for the transport of the basic regulation. However, paragraph 2.

(2). Cannot obtain reimbursement for carriage, if the training takes place at the company in which the participant is employed.

(3). The Minister shall lay down detailed rules on the reimbursement of transport, including on a triviality limit.

§ 9. The Minister may lay down detailed rules on the reimbursement of transport through participation in individual educational activities, groups of training activities or training activities organized under certain forms of lapse or be reduced.

Strike and lock-out



§ 10. A person who is subject to the legal notice strike, lockout or blockade (legal conflict), can not obtain indemnity or reimbursement for carriage in accordance with this Act, so long as the conflict lasts.

(2). A person, who prior to the announced strike, lockout or blockade legally have begun training covered by the rules laid down under section 4, and as a participant in this, when conflict breaks out, can retain the remuneration and reimbursement for services acquired prior to the conflict's start.

Chapter 3 application for compensation and subsidies to transport, etc.

§ 11. The Minister may lay down rules on the application for compensation and subsidies to transport after chapter 2, including whether, 1) to applications, decisions and opinions on compensation and reimbursement for carriage in certain cases must be in digital form, 2) that educational establishments must inform about the digital application and provide guidance and assistance in this regard, 3) content and form of application forms, 4) deadlines for application , 5) what information about participants and employers who must be indicated in the application, and 6) that employers must certify applications filed by their employees.

(2). The participant's social security number must be provided by the application and can be used by the examination of the application.

§ 12. When employers pay usual salaries to participants during training, qualifying for the allowance or allowance for the carriage, application for compensation or reimbursement for conveyance shall be submitted by the employer. In other cases, employers submit an application for compensation or reimbursement for transport according to full power from the participant concerned.

(2). The Minister shall lay down detailed rules about what information employers must give participants in connection with the submission of the application for compensation or reimbursement for carriage in accordance with paragraph 1.

Chapter 4 contributions to the arbejdsmarkedets tillægspension § 13. For participants who are employed, and that employees receive full reimbursement under section 5 by participation in education subject to the rules laid down under section 4 shall be paid twice the amount of the contribution is provided under section 15, paragraph 1, read in conjunction with article 2 (a) of the law on labour market Supplementary pension, see. However, paragraphs 3 and 4.

(2). The Board of Directors for arbejdsmarkedets tillægspension calculates the size of the contribution for each hour paid compensation for.

(3). Participants who are members of an unemployment fund, pay 1/3 of the contribution, the unemployment insurance funds pay 1/3 of the contribution, while private employers that are registered for value added tax (VAT) law or law on the tax on payroll, etc., pay 1/3 of the contribution. Each contributory share for 1 week to round down to the nearest whole Crown amount.

(4). Participants who are not members of an unemployment fund, pays half of the contribution, while private employers that are registered for value added tax (VAT) law or law on the tax on payroll, etc., pay half of the contribution. Each contributory share for 1 week to round down to the nearest whole Crown amount. The contributions shall be financed in accordance with paragraph 5-16.

(5). The institution shall pay compensation, deduct before payment the participant's share of the contribution. The institution shall report in addition, once a month the total ATP contribution which, in paragraphs 3 and 4 shall be paid to the arbejdsmarkedets tillægspension for each participant, for income the register under section 3 (1) (8). 8 of the law on the income register. The contribution shall be paid to the arbejdsmarkedets tillægspension after each quarterly expiration.

(6). The contribution of the unemployment insurance funds shall be determined as a contribution per Member, and the amount of contribution shall be calculated by the Director of the national labour market authority, in accordance with rules laid down by the employment Minister after negotiation with the Minister of education.
(7). Employment Minister sets out after negotiation with the Minister and upon the recommendation of the Board of Directors for arbejdsmarkedets tillægspension detailed rules for payment of contributions under paragraph 11.

(8). Employment Minister sets out after negotiation with the Minister and upon the recommendation of the Board of Directors for arbejdsmarkedets tillægspension detailed rules for payment of insured participant's own contributions to the arbejdsmarkedets tillægspension and on reporting to the income register under section 3 (1) (8). 8 of the law on the income register.

(9). Employment Minister sets out after negotiation with the Minister and upon the recommendation of the Director of the national labour market Board and the Board of Directors for arbejdsmarkedets tillægspension detailed rules concerning deposit of non insured participant's own contribution to the arbejdsmarkedets tillægspension and on reporting to the income register under section 3 (1) (8). 8 of the law on the income register.

Paragraph 10. Deposit the institution that pays the remuneration, not contributions in a timely manner, see § 17, paragraphs 2 to 4 and 6 of the law on arbejdsmarkedets tillægspension mutatis mutandis.

Paragraph 11. To cover the employer's share of ATP contributed in accordance with paragraphs 3 and 4 to private employers that are registered for value added tax (VAT) law or law on the tax on payroll, etc., pay a financial contribution. The requirement to register does not apply to foreign companies and firms in the Faroe Islands and Greenland.

Paragraph 12. The financial contribution referred to in paragraph 11 shall be paid to the arbejdsmarkedets tillægspension, responsible for the collection and recovery of financial contribution from employers.

Paragraph 13. Financial contribution in accordance with paragraph 11 may be levied by arbejdsmarkedets tillægspension together with other financial contributions levied from employers of labour market Supplementary pension.

Paragraph 14. The financial contribution to be levied in accordance with paragraph 12, and which is under 100 DKK in a payment period lapses. Be charged financial contributions along with other financial contributions from employers, see. paragraph 13, constitutes the contribution of 1. point the sum of the total financial contribution.

Paragraph 15. Financial contribution from employers, see. paragraph 11 shall be determined by the employment Minister after negotiation with the Minister and upon the recommendation of the arbejdsmarkedets tillægspension. In financing the contribution included administrative costs, including administrative costs for arbejdsmarkedets tillægspension.

Paragraph 16. The funding contributed by arbejdsmarkedets tillægspension is calculated on the basis of the total contribution, which arbejdsmarkedets tillægspension has received from the employer in a prior period, whose length corresponds to the period for which payment of the financial contribution relates. The contribution represents a year of employment Minister after negotiation with the Minister of education provided financial contributions, for each time the employer pays an amount equal to årsbidraget under section 15, paragraph 1, of the lov om arbejdsmarkedets tillægspension.

Paragraph 17. Arbejdsmarkedets tillægspension can obtain the information from the Customs and tax administration and other public authorities of the concerned employer, as are necessary to carry out the collection and recovery of guilty of financing contributions, interest rates and handling fee, including information on income and assets. For use in the calculation, collection and processing of financial contribution is that, where necessary, access to information in the labour market Supplementary Pension registers.

Paragraph 18. Happens the payment of the financial contribution is not filed in due time, the employer shall pay interest on the funding contributed by 1 ½ per cent for each commenced month from the due date.

Paragraph 19. Arbejdsmarkedets tillægspension has udpantningsret for financial contributions, interest rates and handling fee.

Paragraph 20. The labour market Supplementary Pension decisions on financial bidragspligt and financial contributions, including calculating and charging, may, within a period of 4 weeks from the day when the decision is announced, be brought before the Appeals Board for arbejdsmarkedets tillægspension.

Paragraph 21. Employment Minister sets out after negotiation with the Minister of education and the labour market supplementary pension arrangements for calculation periods and the payment of financial contributions, etc., including about bonds and the deadline for employer's deposit. The Minister may lay down rules about including that arbejdsmarkedets tillægspension can give deferred deposit, charge a handling fee upon request due to non-payment and after giving financial contributions, interest and any handling charges.

Chapter 5 Administration, etc.

Administration, disbursement and monitoring



§ 14. The Minister may lay down rules relating to the calculation and payment of compensation and reimbursement for carriage in accordance with this law is carried out by the participant's unemployment fund, the institution or the Agency for State Education aid. The setting of rules after 1. However, after debate with item happens employment Minister, as regards unemployment funds calculation and payment of remuneration and mobility allowance.

(2). The Minister shall lay down rules on the calculation, payment and administration of compensation and reimbursement for carriage in accordance with this law, including rules on accounting, supervision and auditing. The setting of rules after 1. However, after debate with item happens employment Minister, as regards unemployment funds calculation, disbursement and administration of allowances and transport allowances, etc.

(3). Both public institutions and private individuals as well as legal persons shall, upon request, provide information to use for the administration of compensation and reimbursement for carriage in accordance with this law, including whether the participant's salary in specified period of time.

(4). Information referred to in paragraph 3 can be obtained by Reviewing Agency's Employment Committee, educational establishments, the Ministry of education, Agency for the State's Educational support and, in the case of own members of unemployment funds.

(5). The Minister may lay down rules relating to the calculation and payment of compensation and reimbursement for carriage in accordance with paragraph 1 and obtaining information in accordance with paragraph 4.

§ 15. The Minister may lay down rules on digital communication between the participant or the company and the training provider, the unemployment insurance fund, arrears collection authority, Ministry or Agency of State Education aid. The Minister may lay down rules about including that digital signature or other secure personal identification to be used in conjunction with applications and decisions on compensation and reimbursement for services.

(2). The Minister may lay down rules on digital communication between educational establishments or unemployment insurance funds and the Ministry of education or the State Board of education grants. The Minister may lay down rules about including that digital signature or other secure identification must be applied, including in connection with the exchange of information.

(3). The Minister may lay down rules to the effect that the unemployment funds, colleges and Agency for the State's Educational support to issue certain types of documents in connection with applications for compensation and reimbursement for carriage without signature or with mechanically reproduced signature or in a similar way, so that such documents be legally equated with documents with personal signature. The Minister may also lay down rules to the effect that decisions are taken solely on the basis of electronic data processing, may be issued only with the indication of the unemployment insurance fund, the institution or Agency of the State's Education aid as the sender.

Repayment of compensation and reimbursement for conveyance



§ 16. A participant, who wrongly received compensation or reimbursement for carriage in accordance with this Act, shall pay the amount back, if the person has given false information or omission of circumstances which are of importance to the right to obtain compensation or transport allowances, or if the person concerned was in fact realized or should have realized that the receipt of the amount was unjustified.

(2). An employer to whom compensation has been paid under section 7, shall repay the amount received, if it turns out that the participant was not entitled to the remuneration referred to in article 6. 1. paragraph (3). The Minister may lay down rules to the effect that the requirement of repayment should be undertaken by the participant's unemployment fund, institution or Agency of the State's Education aid. The setting of rules after 1. However, after debate with item happens employment Minister, as regards unemployment funds for providing the claim for repayment.

(4). The Minister may, in accordance with the negotiation with employment Minister lay down rules to the effect that the amount to be refunded in accordance with paragraphs 1 and 2, remunerated at the currently applicable interest on arrears in accordance with the law on interest for late payment, etc., from which point the amount shall accrue interest, and who interest shall accrue.

§ 17. Due to an unjustified payment of compensation or reimbursement for forwarding incorrect or deficient information from an employer, an unemployment fund or a training place, the Minister may decide that the one from whom the inaccurate or incomplete information originates, must cover the unwarranted withdrawal.
(2). The employer, the unemployment insurance fund or institution shall, on request, submit all necessary information to use for teaching the Minister's decision under paragraph 1.

Registers



§ 18. The Minister for education creates one or more registries operated by using digital data processing, and which contains information on compensation and reimbursement for transport in accordance with this Act and the rules laid down pursuant to this Act.

(2). Records created after paragraph 1 intended to serve as a basis for the compilation of statistics and the supervision to which the State must hold with the unemployment fund and the education offices administration of compensation and reimbursement for carriage under this law.

(3). Registers, which are created by the Minister in accordance with paragraph 1, can be integrated, to the extent it serves administrative or supervisory purpose. The registers can also be correlated with the unemployment fund registers for the purpose of verifying whether the grant conditions are met.

(4). section 35 of the Act on processing of personal data shall not apply.

(5). The Minister may lay down detailed rules on the gathering of information for the use of the registers referred to in paragraph 1.

Chapter 6 appeals section 19. Decisions in accordance with articles 5 to 10 and 16 may be brought before the Danish Medicines Agency's Committee on employment of the Appeal, the decision relates.

(2). A complaint under paragraph 1, of the decision relates, be referred to the Agency's Appeals Committee on employment, within 4 weeks after the complainant has been informed of the decision.

(3). The employment agency's Appeals Committee decision cannot be brought before another administrative authority.

(4). The reviewing Agency's Employment Committee may until 6 months after the date of notification of the decision to ignore exceeding the time limit referred to in paragraph 2, where there is a special reason for doing so.

Chapter 7 penal provisions § 20. Unless more stringent punishment is inflicted upon other law punishable by a fine anyone who deliberately delivers a misrepresentation or fraudulently omits information necessary for the administration of compensation and reimbursement for carriage in accordance with this law.

(2). That can be imposed on companies, etc. (legal persons) criminal liability in accordance with the provisions of the criminal code 5. Chapter.

Chapter 8 entry into force, etc.

§ 21. The law shall enter into force on the 1. July 2011 and has effect for applications for compensation and subsidies for the transport, entry into force of the Act, received after which relate to participation in vocational adult and continuing education that begins after the date of entry into force of the Act.

(2). Law on allowances for participation in vocational adult and continuing education, see. lovbekendtgørelse nr. 555 of 8. June 2009, is repealed. The law shall be applicable to reimbursement by participation in vocational adult and continuing education, begun before the 1. July 2011.

§ 22. The law on labour market training, etc., see. lovbekendtgørelse nr. 381 of 26. March 2010, is amended as follows: 1. In article 21, paragraph 1, the words ' and to cover the cost of carriage '.

2. Article 21, paragraph 4, shall be repealed.

Paragraph 5 becomes paragraph 4.

3. In article 21, paragraph 5, which becomes paragraph 4, the words ' and grants to cover the cost of carriage '.

4. In section 22, the words ' and of reimbursement for travel expenses, including the fixing of a triviality limit. '

5. section 23 (1) and (2) are hereby repealed.

Paragraph 3 becomes paragraph 1.

6. In article 24, paragraph 1, the words ' or ' transport allowances.

7. In article 24, paragraph 3, the words ' transport allowances or ' and ' or ' the unemployment insurance fund.

8. In article 24, paragraph 4, the words ', or ' an unemployment fund.

9. In article 24, paragraph 5, the words ' the unemployment insurance fund or institution ' to: ' the institution '.

10. In paragraph 25 the words ' Agency for the State's Educational support, ' and ', ' the unemployment insurance fund.

11. In section 31 (1) (8). 1, the words ' and ' transport allowances.

§ 23. The law on employers ' Student refund, see. lovbekendtgørelse nr. 842 of 8. September 2009, as amended by section 1 of Act No. 1218 by 14. December 2009, is amended as follows: 1. section 15 (b) is replaced by the following: ' paragraph 15 (b). Employers ' Student refund contributes to the financing of compensation and travel expenses in accordance with the law on compensation and reimbursement for conveyance by participation in vocational adult and continuing education as well as the costs of Board and lodging in accordance with the law on labour market training, etc. «§ 24. Of the law on the taxation of income tax to the State (the tax assessment Act), see. lovbekendtgørelse nr. 176 of 11. March 2009, as amended most recently by section 6 of the law No. 573 of 31. May 2010, is amended as follows: 1. In section 31, paragraph 1, the words ' the law on allowances for participation in vocational adult and continuing education ': ' law on compensation and reimbursement for conveyance by participation in vocational adult and continuing education '.

§ 25. Of the Act on an active employment efforts, see. lovbekendtgørelse nr. 1428 of 14. December 2009, as amended by section 1 of Act No. 431 of 28. April 2010 and section 4 of Act No. 571 of 31. March 2010, is amended as follows: 1. In section 26 (b), the words ' the law on allowances for participation in vocational adult and continuing education ': ' law on compensation and reimbursement for conveyance by participation in vocational adult and continuing education '.

2. In paragraph 98 (a), paragraph 3, nr. 3, the words ' the law on allowances for participation in vocational adult and continuing education ': ' law on compensation and reimbursement for conveyance by participation in vocational adult and continuing education '.

section 26. The law on unemployment insurance, etc., see. lovbekendtgørelse nr. 574 of 27. May 2010, as amended by Act No. 118 of 17. February 2009, is amended as follows: 1. Everywhere in the law shall be replaced by ' law on allowances for participation in vocational adult and continuing education ': ' law on compensation and reimbursement for conveyance by participation in vocational adult and continuing education '.

§ 27. Lov om arbejdsmarkedets tillægspension in, see. lovbekendtgørelse nr. 942 by 2. October 2009, as amended by Act No. 117 of 17. February 2009, § 1 of lov nr. 1263 of 16. December 2009, section 16 of Act No. 429 of 28. April 2010 and 5 of law No. 573 of 31. May 2010, is amended as follows: 1. In article 2 (a), paragraph 3, the words ' the law on allowances for participation in vocational adult and continuing education ': ' law on compensation and reimbursement for conveyance by participation in vocational adult and continuing education '.

section 28. The law does not apply to the Faroe Islands and Greenland.

Given at Christiansborg Palace, the 14. June 2010 Under Our Royal hand and Seal MARGRETHE r./Tina N