Executive Order On Employment Requirements For Employees And Benefit Period

Original Language Title: Bekendtgørelse om beskæftigelseskrav for lønmodtagere og dagpengeperiode

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Overview (table of contents)



Chapter 1



Area and concepts





Chapter 2



Fulfillment of employment requirement





Chapter 3



Daily allowance period





Chapter 4



Members, there are 55-59 years





Chapter 5



Date of entry into force and transitional provisions



The full text of the Decree on the employment requirements for employees and benefit period

Under section 52, section 53, paragraph 8, section 55, paragraph 5, section 74 d, paragraph 2, and section 95 of the Act on unemployment insurance, etc., see. lovbekendtgørelse nr. 838 of 4. July 2011, as amended by Act No. 912 of 13. July 2010 shall be determined after negotiation with the Employment Council: Chapter 1 Scope and concepts section 1. This notice sets out the requirements for employment for employees as a member must comply in order to be entitled to the daily subsistence allowance referred to in article 6. § 53, as well as the length of the period during which there is entitlement to daily allowances, see. § 55.

§ 2. » Employment requirement ' is the extent of employment requirements that must be met in order to be entitled to a daily allowance as an employee.

(2). ' Hours ' is defined as hours wage paid for in a usual employment conditions which are in conformity with applicable collective agreements or otherwise is done on regular salary and working conditions (contract work).

(3). ' Vesting period ' is the period within which the employment requirement must be fulfilled.

(4). » Daily allowance period ' is the period during which there is entitlement to daily allowances, etc. Daily allowance period consists of a performance period, see. (5), and a reference period referred to in article 6. (6).

(5). » Performance period ' is the period during which the Member is, taken together, can receive per diems, etc.

(6). ' The Reference period ' is the period within which the Member furthest can receive per diems, etc.

(7). » Grading date ' is the date on which a member begins to use of daily allowance period.

(8). ' Return period ' means the period after the law on reporting an income directory relate. section 4 of this law.

Chapter 2 the fulfilment of employment requirement section 3. The right to receive unemployment benefit is conditional on the Member during the vesting period, see. § 4, 1) as full-time insured has been reported at least 2,039 hours, or 2) that has been reported at least 1,258 insured part-time hours.

(2). A member who is in a daily allowance period, be given the right to commence a new daily allowance period, when the honourable Member during the vesting period, see. § 4, 1) as full-time insured has been reported at least 2,039 hours, or 2) that has been reported at least 1,258 insured part-time hours.

(3). Declaration in accordance with paragraph 2 shall take place on an ongoing basis. However, adjustment shall not be inventory in connection with the fact that a member get paid holiday benefits.

(4). A member who has exhausted its right to unemployment benefits under section 14, may start in a new daily allowance period, when the honourable Member during the vesting period, see. § 4, 1) as full-time insured has been reported at least 2,039 hours, or 2) that has been reported at least 1,258 insured part-time hours.

(5). Reported hours prior to an earlier classification, may not be included in an inventory in accordance with paragraphs 1 to 4, of the basic regulation. However, paragraph 6, 2. PT.

(6). A member who has opted out of the unemployment insurance fund, which has been deleted due to fraud or quota arrears, or if your membership is canceled, after resumption of an unemployment fund classified in daily subsistence allowance period, if the member meets the requirement set out in paragraph 1. Man hours in a member period prior to resignation or deletion, including hours, prior to an earlier classification, can be included in the inventory.

§ 4. The vesting period is the most recent 3 years prior to grading time, see. § 15 of the basic regulation. However, section 5, paragraphs 7 and 8.

(2). Vesting period may be extended for a total of up to 2 years, if the following conditions occur: 1) Illness or incapacity of more than 4 weeks, 2) periods of absence due to maternity or adoption in accordance with the law on the right to leave and daily allowance in the event of childbirth, 3) periods of employment with the older worker job after law on older worker job, 4) periods with support for the care of disabled or seriously ill child in accordance with the law on social service , 5) periods with support for the care of seriously sick child in accordance with the law on the right to leave and daily allowance in the event of childbirth or after the prior 3. July 2006 the law on sickness or birth, 6) periods with support for the care of a sister who wants to die in his own home in accordance with the law on social service, 7) periods of leave, which received adult support for full-time training in accordance with the rules for employed workers in accordance with the law on State education aid, 8) periods in which received adult education support for full-time training in accordance with the rules for self-employed workers and assisting spouses in accordance with the law on the State adult education support , or 9), periods of leave for childcare after the prior 1. January 2001 the law on parental leave, or after the law on childcare leave.

(3). Vesting period may be extended beyond 2 years, see. (2). 4, with the part of a period, where support is provided for the care of disabled or seriously ill child in accordance with the law on social services, in excess of 2 years.

(4). Vesting period may be extended, if during the stay in another EEA country or Switzerland seems relationship as referred to in paragraphs 2 and 3 in accordance with the similar rules as the Danish. The extension may not exceed the periods, as they referred to in paragraphs 2 and 3 conditions gives right to.

(5). Vesting period may only be extended by periods of a member's term.

Fulfillment of employment requirement on the basis of reported hours



§ 5. Statement of employment requirement shall be carried out on the basis of reported paid hours, see. section 2, paragraph 2, in accordance with the law on an income directory, see. However, paragraphs 3 to 9, § 3, paragraph 5, and § § 7-13.

(2). Working hours are considered controllable when there is information from the employer concerning the number of hours for which the salary is granted (hours) in the employment relationship, without prejudice. (1). In assessing the added information about paid hours in the register within the meaning of income. law on a register of the basic income.

(3). In the absence of information about man hours, see. paragraph 2, or is the employment relationship such that the wage is not granted for a specific number of hours, working hours are considered as uncontrollable.

(4). In cases where working time is uncontrollable, see. (3) the hour is calculated by converting the income from work, see. section 7 of the Consolidated Act on calculation of daily subsistence allowance for employees, with the conversion rate applicable at any time. Proven necessary expenditure after tax rules can be deducted from income before calculating tax, subtract. The calculated hours taken into account in determining employment.

(5). Employment, which granted public subsidies for wages in accordance with the Act on an active employment efforts, and that the job centre to report to the unemployment insurance fund, and in accordance with the law on the older worker job, may not be counted for the calculation of the employment requirement.

(6). Periods in which employment is temporarily interrupted due to periods of leave for childcare after law on child raising leave may not be counted for the calculation of the employment requirement, even if the employer pays wages during the leave.

(7). There can only be counted reported paid hours, located in a member period. Man hours in a reporting period, located partially within a member period, can be taken into account pro rata in proportion to the number of calendar days in the reporting period. The same applies, if there are other conditions which may be included to meet the employment requirement, see. sections 11-13, and where it cannot be established, on which days employment, etc. is performed.

(8). There can only be counted hours reported at the time of occurrence of unemployment. There may, however, be taken into account hours, located in the reporting period in which unemployment arises, if the hours are important for the achievement of the employment requirement, see. § 3. In these cases there may be no earlier than the categorisation from the first ledighedsdag after the latest working conditions in the latest reporting period, as it is necessary to take into account in order to meet the employment requirement.

(9). A member who works on set up time or goes down in time, and where subsistence law arises in a reporting period may include paid hours in the reporting period, pro rata in proportion to the number of calendar days in the month. There can be no earlier than the categorisation from the first ledighedsdag after the employment requirement is complied with.

§ 6. Periods during which, according to the agreement, work less than the normal hours applicable for the subject, but where full normal pay, paid out is calculated as the 37 hours per week.

Fulfillment of employment requirement on the basis of other conditions



Fulfillment of employment requirement based on education



§ 7. Employment requirement under section 3 shall be deemed to be fulfilled if the Member has completed a training for the § 54 referred to in art.

(2). The training referred to in article 6. paragraph 1, as full-time study have a duration of at least 18 months or 3 six-month semesters. In the case of a part-time course of study, it must have a duration that corresponds to a full-time course of study.


(3). It is a condition to be covered by paragraph 1, the requirement of residence and stay, see. Article 41, paragraph 1, are met immediately before training will be started, and no later than 2 weeks after the end of training.

(4). An education considered completed when the study activity has ceased, all characters are given, and the exam is passed. If the granting of a diploma is done in connection with that programme is implemented, the date of the diploma will always be considered as the date of implementation of training.

§ 8. An education is covered by section 7, if the training qualifying them for support within the cut card after the law on the State's Educational support or are covered by the law on vocational education and training.

(2). Injuries may in exceptional cases authorise other professional education than those of paragraph 1 included can give the right to unemployment benefits, if they can be equated with training in accordance with paragraph 1.

§ 9. Can a portion of a previously completed education merit transferred to a new education, see. (2) the application of section 7 are subject to the condition that the total training under one account for at least 18 months or 3 semesters.

(2). Credit transfer can be included if 1) in the case of merit when the Office training, including traineeships, concluded in a previous training, and 2) the merit-borne part of the training is completed within the last 3 years.

(3). An education or a part of an education can only once included in the inventory of the employment requirement, see. § 7.

§ 10. A member who nyoptages in a fund with the right to unemployment benefits on the basis of a completed education of the nature referred to in section 54, shall be entitled to a daily allowance 1 month after completion of training. Persons in a total period prior to this point has been a member of an unemployment fund, however, achieves the right to subsistence allowance when the Member period is 1 year.

Employment abroad



§ 11. Employment abroad, where there is no reporting of paid hours in accordance with the law on the income register, can be taken into account to meet the employment requirement under section 3 If the Member is presenting evidence, such as paychecks. Employment must be performed on the usual wages and working conditions in the country of employment.

(2). It is the time of the execution that is decisive for the application of employment may be included in the inventory of the employment requirement under section 3.

Other conditions



§ 12. To the employment requirement, regardless of section 5, paragraph 1, account shall be taken of: 1) Employment performed by development workers in connection with voluntary programs, qualifying for assistance pursuant to the law on International development cooperation, or private voluntary programmes carried out for humanitarian organizations approved pursuant to § 12, equation (3).

2) Employment, that cannot be considered self-employment without prejudice. notice on operation of self-employment and for which, there are no reported information about income and paid hours to register, see income. § 3 of the law on the income register. It is a condition that the revenue is included in the Member's annual statement.

3) Held holiday with holiday pay, as well as additional vacation days pursuant to section 8 of the Act, unless there are paid a daily allowance or holiday benefits.

4) public holidays in an employment relationship, unless there are paid a daily allowance or holiday benefits.

5) Contractual holidays in an employment relationship, unless there are paid a daily allowance or holiday benefits.

6) Hours corresponding to the length of period for which employees ' guarantee fund has taken into account in the calculation of a paid protection in accordance with the law on employees ' guarantee fund, the insurance shall be paid in lieu of wages and salaries, including wages in a notice period. There may, however, not be taken into account for hours, as the honourable Member has received daily subsistence allowance for.

7) periods of research at higher education institutions, if granted funds corresponding to the collectively agreed wages.

8) periods in which a dismissed civil servant receives rådighedsløn.

(2). Retirement schemes in the private labour market, which may be equated with rådighedsløn of officials of the basic regulation. (1). 8, can be taken into account in determining the employment requirement.

(3). It is a condition for the inclusion of conditions covered by paragraphs 1 and 2, the Member shall submit the appropriate documentation.

(4). The statement referred to in article 6. (1). 3-5, is done in accordance with the rules of coating for own earned holiday in the order on supplemental daily subsistence allowance.

Training in employment relationship



§ 13. Training can be included in its entirety to the employment requirement, if the learners during the whole training process is employed by an employer and are paid collectively agreed wages.

(2). In cases other than those referred to in paragraph 1 may be the part of an education that can be regarded as practical training, rank as the employment requirement, if during the internship will be paid collectively agreed wages.

(3). Paragraphs 1 and 2 shall not apply in cases where 1) training is included as an offer pursuant to the Act on an active employment efforts, 2) to the training referred to in article 6. paragraph 1 shall be granted in accordance with the law on State support adult education adult education support or training allowance after the until 5. March 2012 current rules in Chapter 9 (b) of the law on unemployment insurance, etc., 3) internship, see. (2) forms part of an education, which is granted in accordance with the law on State support adult education adult education support or training allowance after the until 5. March 2012 current rules in Chapter 9 (b) of the law on unemployment insurance, etc., or 4) job centre has reported to the unemployment insurance fund, the granting of public subsidies for wages, see. § 5, paragraph 5.

Chapter 3 daily allowance period § 14. Daily allowance period is the period of combined 104 weeks (period) in the field of 156 weeks (reference period), where a member can receive a daily subsistence allowance in accordance with article 55, paragraph 1.

Classification of daily allowance period



§ 15. Classification of daily allowance period is done both for performance-as for the reference period from the time the Member is 1) is entitled to be paid a daily allowance, and 2) are entitled to and are paid a daily subsistence allowance in accordance with article 64 of Regulation (EC) No 1782/2003. 883/04 (PD U2), or 3) participates in the offer after chapter 10-12 of the Act on an active employment efforts.

(2). A member who is excluded from the right to receive unemployment benefit as a result of effective quarantine, counted from the date on which the Member would have been entitled to the benefit referred to in article 6. (1) if the Member had not been excluded from the right to receive unemployment benefit.

(3). A member who resigns from the early retirement scheme and ask for per diems, may continue in the classification, as the honourable Member had prior to its transition to early retirement. If the Member is not placed in a daily allowance period prior to its transition to early retirement, be classified member with effect from the date on which the Member is released for early retirement.

(4). A member who terminates or takes a leave of absence from his job, because the question follows a deployed spouse or partner abroad, can be classified in the daily allowance period with effect from the date on which the employment relationship in the terminated job has ceased or where leave begins. It is a condition of classification, 1) that has been manufactured in the terminated job or start is in the period of parental leave from and with 25. July 2009 up to and including 1. August 2013, 2) to the Member's spouse or common-law partner is deployed or seconded by his employer, 3) that the Member's spouse or common-law partner has a real duty, as evidenced by his or her relocation employment agreement, 4) to the Member's spouse or common-law partner are covered by the rules on the tax liability for broadcast and their cohabiting spouses in Denmark, 5) that Member over for unemployment insurance fund show that the desire for grading due to the spouse's or samleve's broadcast and that the conditions in (i); 1-4 are met, e.g. in the form of a broadcast agreement between employer and employee and the employment agreement, 6) that the member meets the conditions laid down in paragraph 1 and in article 53, paragraph 1, of the right to subsistence, and 7) that Member has health to cope with a job on full time as full-time or part-time insured insured.

(5). A-box must separately register members, classified in accordance with paragraph 4.

Definition of payment periods for persons who file requests, insurance and employment periods from another EEA country, Switzerland or on the Faroe Islands



§ 16. A person who is entitled to the daily subsistence allowance in accordance with the Ordinance on unemployment insurance work within the EEA and in other foreign countries, it must be classified in a daily allowance period.

(2). By categorisation, see. paragraph 1 shall take account of the periods for which paid unemployment benefit in another EEA country, Switzerland or the Faroe Islands. The grading is done with effect from the date on which there have been paid unemployment benefit in another EEA country, Switzerland or the Faroe Islands. Consumption is calculated in weeks, see. Article 55, paragraph 3.

(3). Employment after the grading in accordance with paragraph 2, may rank as the fulfillment of a later employment requirements, see. section 3, paragraph 5.

(4). The rule in paragraph 2 shall not apply to persons, which are placed in a daily allowance period in Denmark.

Consumption of performance sessions



§ 17. By the estimation of the performance period, see. section 14, part 1) periods in which there are paid a daily allowance, including daily subsistence allowance in accordance with article 64 of Regulation (EC) No 1782/2003. 883/04 (PD U2),


2) periods, where there is a paid holiday benefits, unless the Member at the time of the holding of the holiday with holiday benefits were not placed in a daily allowance period, and the Member is subsequently earned the employment requirement, see. § 3, 3) periods in which the Member is participating in deals in accordance with Chapter 12 of the Act on an active employment efforts, unless the Member is participating in the offer in accordance with the rules for people receiving sickness benefits, or member is sick or on maternity leave, and paid full pay during illness or maternity leave, 4) periods during which the Member has received activation performance during participation in deals after chapter l0-11 of the Act on an active employment efforts , 5) periods during which the Member is receiving educational benefit after the until 5. March 2012 current rules in Chapter 9 (b) of the law on unemployment insurance, etc., 6) periods during which the Member has received adult support in accordance with the rules for unemployed pursuant to the previously 1. August 2009 applicable law about State education aid, 7) periods during which the Member has received compensation for loss of working ability according to the rules laid down for the unemployed in accordance with the prior 1. August 2009 current law on allowances for participation in vocational adult and continuing education, 8) periods during which the Member under the Act on sickness benefit sickness benefit after receiving unemployment or after the prior 3. July 2006 the law on sickness or childbirth, including participating in deals in accordance with Chapter 12 of the Act on an active employment efforts according to the rules for people receiving sickness benefit, with the part of the period of 6 weeks or less, see. However, paragraph 3, 9) periods during which the Member is wholly or partially excluded from the right to receive unemployment benefit as a result of effective quarantine, 10) periods during which the Member has received early retirement, 11) periods during which the Member has participated in deals after chapter 3, Chapter 5-10 or 11 a of the chapter before 1. July 2003 law on an active labour market policy, unless the Member was sick or on maternity leave, and paid full pay during illness or maternity leave, without prejudice. However, no. 12, 12) periods, where young people have participated in training after chapter 11 (a) in the before 1. July 2003 law on an active labour market policy, if the unemployment insurance fund has paid out performance during training, 13) periods during which the Member has participated in training courses created by agreement between the labour market and the educational institution, according to the Council before 1. January 2003 applicable to section 29 of the Act on an active labour market policy, 14) periods, where a vacant and qualify a member has received compensation for loss of income or employment opportunity or student aid after the prior 1. January 2001 the law on labour market training, 15) periods of leave for Sabbath after previously applicable law on leave, 16) periods in which a member has had leave for training in accordance with the rules for unemployed pursuant to the previously 1. January 2001 the law on parental leave, 17) periods during which the Member has participated in deals after it before 1. January 1998 applicable Chapter 8 of the Act on an active labour market policy or in the offer after it before 1. January 2000 applicable Chapter 9 a of the Act on an active labour market policy, 18) periods during which the Member has received performance after the activity before 1. January 1998 applicable § 97 (g) of the law on unemployment insurance, etc., and 19) periods in which there has been paid benefits under the Act before 1. January 1996 current section 55, paragraph 6, or pursuant to law before 1. April 1995 current section 55, paragraph 3.

(2). Weeks of benefits in accordance with paragraph 1, which are paid out wrongly, but which does not have to be repaid by the Member, is included in the section 14 payment periods.

(3). The following consumer not of performance periods: 1) periods of sickness benefit in accordance with the law on sick pay before or after the 3. July 2006 the law on sickness or childbirth, which is not under unemployment.

2) periods during which a member receives the daily subsistence allowance in accordance with the law on unemployment under the right to leave and daily allowance in the event of childbirth.

3) periods of sickness benefit in accordance with section IV of the before 3. July 2006 the law on sickness or childbirth.

4) Disease periods that are commenced by 31 March 2007. December 1998.

§ 18. By the estimation of the performance period, see. § 14, included weeks, for which the Member is for all or part of the week has received benefits from the unemployment insurance fund or sick pay, have participated in deals after the Act on an active employment efforts, have settled quarantine mm. without prejudice to article. § 17.

(2). For members employed in service jobs, see. the prior 1. April 2002 applicable law on service jobs, ascertained periods with reduced subsistence allowance prior to 1 May 2004. However, in January 2001, hours, converting into weeks.

Prolongation of the reference period



§ 19. The reference period referred to in article 6. section 14, be extended if the following conditions occur in the period, and who are not paid wages: 1) continuous periods beyond 6 weeks, where the Member is receiving sick pay in accordance with the law on sick pay before or after the 3. July 2006 the law on sickness or childbirth, including participating in deals in accordance with Chapter 12 of the Act on an active employment efforts according to the rules for people receiving sickness benefits. For periods prior to 1. January 2006, however, only if there are periods during unemployment.

2) Disease periods that are commenced by 31 March 2007. December 1998.

3) periods of absence due to maternity or adoption in accordance with the law on the right to leave and daily allowance in the event of childbirth.

4) periods of daily subsistence allowance at the care of seriously sick child in accordance with the law on the right to leave and daily allowance in the event of childbirth.

5) periods of sickness benefit in accordance with section IV of the before 3. July 2006 applicable laws about illness or childbirth.

6) periods with support for the care of the disabled child in accordance with the law on social service.

7) periods with support for the care of a sister who wants to die in his own home, in accordance with the law on social service.

(2). The reference period may be extended further, if there is the following relationship: 1) periods of leave for training in accordance with the rules for employed workers and self-employed persons according to the previously 1. January 2001 the law on parental leave.

2) periods during which received adult education support for full-time training in accordance with the rules for employed workers in accordance with the law on State education aid.

3) periods in which received adult education support for full-time training in accordance with the rules for self-employed workers and assisting spouses in accordance with the law on State education aid.

4) periods of leave for childcare after the prior 1. January 2001 the law on parental leave, or after the law on childcare leave.

5) periods during which a member during the participation in the offer in accordance with Chapter 12 of the Act on an active employment efforts is sick or on maternity leave, and paid full pay during illness or maternity leave.

6) periods during which a member during the participation in the offer after chapter 5 or 7 of the pre 1. July 2003 law on an active labour market policy is ill or on maternity leave, and paid full pay during illness or maternity leave.

7) periods, where a member of their choice participating in study or qualifying education on ordinary terms, and preceding that Member occupies 25 years, see. However, paragraph 4.

8) periods during which a member on the basis of an order made by participating in study or training skills training on ordinary terms, and preceding that Member turns 30 years, see. However, paragraph 4.

(3). The reference period shall be extended also with periods as referred to in paragraphs 1 and 2, following similar rules as the Danish in another EEA country or Switzerland.

(4). It is a condition to extend the reference period referred to in paragraph 2, no. 7 and 8, the honourable Member has been Studio active during training. Periods of training, in which the Member has received daily subsistence allowance, education allowance after the until 5. March 2012 current rules in Chapter 9 b or other provident benefits from the unemployment insurance fund, or who is given as offerings in accordance with the Act on an active employment efforts, can not extend the reference period.

(5). Prolongation of the reference period happens to the whole weeks.

(6). Decision of whether there should be an extension of the reference period, occurs continuously or at the latest prior to the expected expiration of a previously calculated reference period.

Chapter 4 Members, there are 55-59 years, § 20. A member who by 31 March 2007. December 2006 is filled 54 years, and as at the end of daily allowance period is filled 55 years, can retain the right to receive unemployment benefit to the age of 60. years, if Member of continued membership and payment of pension contributions can meet the seniority requirement to go on early retirement at the age of 60. year, see. section 6, paragraph 1, of the lov nr. 1540 by 20. December 2006 amending the Act on unemployment insurance, etc., Act on an active employment efforts, the Integration Act and law on the imposition of income tax to the State.

Chapter 5 date of entry into force and transitional provisions § 21. The notice shall enter into force on the 2. July 20121) and applicable to the statement of the reporting periods from 1. January 2008.

(2). In cases where the period referred to in article 6. (1) in the absence of sufficient employment, and may include employment in question from before 1. January 2008, as a result of the extension of the vesting period, see. § 4 shall be determined this employment in accordance with the existing rules.

(3). By statement of employment in accordance with paragraph 2, may only be included once after employment, respectively, the statement on the basis of reporting to the register or income statement in accordance with the existing rules.


(4). In determining whether the work time is uncontrollable, they shall before 1. May 2011 in force rules in section 3 of Decree No. 566 of 19. June 2008 on the supplementary daily allowance, apply for employment beforehand.

(5). Executive Order No. 357 of 27. April 2011 on the employment requirements for employees and benefit period are hereby repealed.

§ 22. section 4, paragraph 3, shall apply to members that the 1. August 2007 or later support for the care of disabled or seriously ill child under section 42 of the Act on social services.

§ 23. For persons placed in a daily allowance period before the 1. July 2010, and if the remaining performance period will be limited, without prejudice. section 2, paragraph 2, of law No. 703 of 25. June 2010 amending the law on unemployment insurance, etc., for a total of more than 104 weeks after the 1. July 2010, included the period from 28. June 2010 up to and including the 4. July 2010 is not included in the statement of the consumption of the performance period after the entry into force of the Act 1. July 2010. The same applies to persons placed in a daily allowance period 1. or the 2. July 2010.

The national labour market authority, the 20. June 2012 Marie Hansen/Vibeke Dalbro Official notes 1) prepare guidelines for the Ordinance.