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Ordinance To The Law On Employees ' Guarantee Fund

Original Language Title: Bekendtgørelse af lov om Lønmodtagernes Garantifond

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Table of Contents

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. 867 of 7. In September 2009, with the changes that come from Law No 1509 of 27. In December 2009 and section 15 of the Act of Law No 718 of 25. June 2010.

§ 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 ' redesign processing.

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. In the case of reconstruction proceedings, the day after which the request was received for reconstruction, day after day, if the termination of the business occurs within three weeks of the end of the reconstruction process, the day after which the request for reconstruction is opened shall be counted as day after the request.

Paragraph 4. In the case of a redesign examination, cf. Section 1 (1). 1, no. 4, includes warranty claims on wages and so on which fall under the redesign processing. 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 slots. 2. The Fund does not pay holiday repayment of its payments. Depares pay consignee during redesign processing, the Fund may pay wages during holidays to be used for this purpose. 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 done if the constructor gives consent, cf. Bankruinage Section 12 (3). 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. 2) 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. Claims according to an uncleaned savings scheme (free-choice scheme), cf. The section 95 (5) of the bankruptcy law. 1, no. ONE, TWO. pkt. shall not, however, be covered by the limit applicable to the payment of the Fund after 1. Act.

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 3) 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 taken from the initiation of the redesign process, 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. The Minister for Employment may, in accordance with the recommendation of the Guarantee Fund ' s Guarantee Fund, to lay down rules for the procedure for the collection of guarantees provided by the employer or his estate, including the use of a compulsory self-service solution.

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. (Aphat)

§ 12 b. (Aphat)

§ 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.

Paragraph 2. (Transitional clause excluded).

Paragraph 3. (Transitional clause excluded).

§ 15. The law doesn't apply to the Faroe Islands and Greenland, but he knows how to nail. be implemented in force for Greenland, with the deviations from which the special Greenland conditions are attributed ; 4) .


Law No 880 of 23. December 1987, which changes sections 9 and 13, paragraph 1. 1, contains the following effective provision :

§ 2

Paragraph 1. The law shall enter into force on 1. January 1988.

Paragraph 2. (Transitional clause excluded).

Paragraph 3. (Transitional clause excluded).


Law No 380 of 6. June 1991, adding section 7 (2). 2 and section 12 a, contains the following effective implementation :

§ 33

The Act shall enter into force on the notice in the law of the law ; 5) and shall also apply to the amounts receivable before the entry into force of the law.


Law No 385 of 22. 1 May 1996, which is changing section 1, no. 2, contains the following effective provision :

§ 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.


Law No 1080 of 29. December 1999, which changes section 9, provides the following entry into force :

§ 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.


Law No 249 of 8. In May 2002, which amenes the section 9 of the law, the following entry into force shall be :

§ 6

Paragraph 1. The Act shall enter into force on the day following the announcement in the law. 6) .

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.


Law No 1032 of 17. In December 2002, which amenes the section 9 of the law, the following entry into force shall include :

§ 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.


Law No 322 by 18. May 2005, altering the Act 1, 2, 3 and 7 of the law, inserting § 5 a as well as footnote to the title of the law, contains the following entry into force :

§ 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.


Law No 430 of 6. June 2005, which amenes the Act of Law 12 (a), shall include the following entry into force :

§ 70

Paragraph 1. The Act shall enter into force on the day following the announcement in the law. 7) .

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.


Law No 431 of 6. In June 2005, which enters the section 12 b of the law, the following entry into force shall include :

§ 85

Paragraph 1. The law shall enter into force on 1. November 2005.


Law No 404 of 8. May 2006 amending different laws (Consequencing changes as a result of the law on an income register), which modify the sections 2 and section 5 of the law, contain the following entry into force :

§ 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, 8) § 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.


Law No 523 of 6. June 2007 amending different legal provisions relating to the limitation of claims and so on. (Any changes due to a new law on the limitation of the limitation of claims, the lifting of the purchases of the purchases at certain purchases etc.), which shall amend the section 9 of the law, contain the following entry into force :

§ 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.


Law No 1336 of 19. In December 2008, the Guarantee Fund of the Salary Receipts, which contains changes relating to section 12a and section 12b, contains the following entry into force :

§ 167

Paragraph 1. The law shall enter into force on 1. January, 2009, cf. however, paragraph 1 2. Section 11 shall apply only to decisions on the retention of pay, which shall be taken after the entry into force of the law.

Paragraph 2. ---.


Law No 1509 of 27. In December 2009 amending the Law on the Payday Guarantee Fund, which amenes the sections 3 and section 7 of the Act, the following entry into force shall include the following entry into force :

§ 2

The law shall enter into force on 1. In January 2010 and having effect on cases where the day of freedom or the time that after the Fund ' s provision takes place on the day of the day of entry into force of the law.

§ 3

The law does not apply to the Faroe Islands and Greenland, but can, by means of a royal device, be put into force for Greenland, with the deviations from which Greenland's conditions are applied.


Law No 718 of 25. June 2010 amending the bankruptcy slots and various other laws (Regulation etc.), amending the sections 1, sections 2 and section 3 of the law, contain the following entry into force :

§ 55

Paragraph 1. The attorney general sets the time of the law. 9) .

Paragraph 2. A notification of the payeing or postponement of the decision on bankruptcy pursuant to Article 24 of the Act of Income Act shall maintain its effects following the entry into force of the law. No matter what. Act. may not be extended after the entry into force of the law, or the postponement of the decision on bankruptcy.

Paragraph 3. ---.

Paragraph 4. ---.

Paragraph 5. However, if a payment is made, the day of the notification shall be taken as a free day, if the probate court is notified within three weeks of the termination of a request for reconstruction, bankruptcy or debt relief. However, if a request is not made for an accreditation not to be confirmed, the day of receipt shall be taken as a free day, if the court date, within three weeks of the request for an acclave of the acclave, were withdrawn or rejected ; A letter of accreditation was received, receiving a request for reconstruction, bankruptcy or debt relief.

Paragraph 6. ---.

Paragraph 7. ---.

Paragraph 8. Degradability of limitation may be carried out in accordance with the applicable provisions of section 17 and 20 of the statute of limitations of the limitation of the statute of limitations, if the application for the opening of the foreclosure debate has been lodged before the entry into force of the law.

Niner. 9. ---.

Paragraph 10. ---.

§ 56

Paragraph 1. The law does not apply to the Faroe Islands and Greenland.

Paragraph 2. ---.

Paragraph 3. The Act's section, 6, 10, 14, 15, 18, 20, 21, 24, 25, 27, 28, 31, 33 and 54 may be implemented in full or in part to Greenland with the deviations from which Greenland's conditions are used.

The Ministry of Employment, the 20th. June 2011

Inger Stskberg

-Lise Fangel

Official notes

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). The directives that have been mentioned are replaced by Directive 2008 /94/EC of the European Parliament and of the Council of 22. In October 2008, on the protection of workers in the event of the insolvency of the employer (codified version) (EU Official Journal L 283, s.36).

2) The payment ceiling is a per. 2. July 2009 raised to 160,000 kr., cf. Notice no. 653 of 30. June 2009.

3) The payment ceiling is a per. 2. July 2009 raised to 80 000 kr., cf. Notice no. 653 of 30. June 2009.

4) Anregulation no. 321 of 3. July 1980 on entry into force for Greenland by law on the Salary Fund Guarantee Fund, etc.

5) The law was announced in Lawering 7. June 1991.

6) The law was announced in Lawering 10. May 2002.

7) The law was announced in Lawering 7. June 2005.

8) The provision was made in the notice of notification no. 1534 of 14. December 2006 and Notice no. 1396 of 12. December 2007.

9) Notice no. 208 of 15. March 2011, it is determined that the law will enter into force on 1. April 2011.