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Consolidated Act On Calculation Of The Unemployment Benefit, A Reduction In Unemployment Benefit And Warning Of Holiday With The Unemployment Benefit Or Special Allowance

Original Language Title: Bekendtgørelse om beregning af ledighedsydelse, fradrag i ledighedsydelse og varsling af ferie med ledighedsydelse eller særlig ydelse

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Table of Contents
Section I Calculation of unemployment benefit
Chapter 1 Revenue included in the calculation basis for unemployment benefit
Chapter 2 Calculation of the unemployment service
TITLE II Deduction in unemployment benefit
Chapter 3 Work and revenues resulting from deductions in the management
Chapter 4 Deductions in the Management
TITLE III Vacation of unemployment benefits or special benefit
Chapter 5 Vacation of the holidays
TITLE IV Entry into force
Chapter 6 Entry into force

Publication of the calculation of unemployment allowance, deduction and varing of vacations with relief or in particular the benefit of the provision of unemployment,

In accordance with section 74 d (d), 5 and 6, section 74 e (3). 7, and section 74 of, paragraph 1. 6, in the Act of Active Social Policy, cf. Law Order no. 190 of 24. In February 2012, as amended by law no. 267 of 27. March 2012 shall be determined :

Section I

Calculation of unemployment benefit

Chapter 1

Revenue included in the calculation basis for unemployment benefit

§ 1. The calculation of unemployment benefits shall be included in income taxable income for income tax. Has the person in question in the employment relationship had free food, lodgings, free car, free phone. Equine. the value of this shall be included in the calculation of the unemployment allowance with the taxable value of the benefit provided by the tax authorities.

Paragraph 2. In the calculation of unemployment benefits, revenues shall also be included income taxable and replaced with the employment income, including day benefits, in the case of the sickness benefits and maternity leave, as well as the daily allowance of unemployment insurance ; etc.

Paragraph 3. Services which have been paid in accordance with Chapter 6 of the Act on the Law on Active Social Policy, shall not be included in the calculation of unemployment benefits.

Chapter 2

Calculation of the unemployment service

§ 2. The unemployment service shall amount to the amount corresponding to the consignee who has, on average, had in revenue after section 1 of the last three months prior to the changeover to unemployment.

Paragraph 2. The unemployment service may not exceed 3,585 kr. a week (1 January 2012), corresponding to 91%. of the highest amounts of unemployment benefits, and at least DKK 3.230. a week (1 January 2012), corresponding to 82%. of the highest amounts of unemployment benefits.

Paragraph 3. Periods of payment of benefits under the Law on child care law or in accordance with Chapter 6 on Revalidation in Act on active social policy, the period shall be extended beyond the date of paragraph 1. 1 accordingly.

TITLE II

Deduction in unemployment benefit

Chapter 3

Work and revenues resulting from deductions in the management

Work

§ 3. Work carried out during a period in which the person receives unemployment is deductible from the unemployment service. This also applies to work outside of normal working hours and on public holidays.

Paragraph 2. For the purposes of work, the activities referred to in the notice of deduction in unemployment benefits shall be defined as such. § 2.

Self-employed biemployment

§ 4. Exercise of self-employed by means of self-employment leads to deduction in the management of unemployment.

Activities and voluntary, unpaid work

§ 5. Activities are the activities of which a beneficiary of unemployment is optional and unpaid for voluntary organizations, associations or other similar activities, and which cannot be offered as regular labour costs.

Paragraph 2. By voluntary, unpaid work, the work of a beneficiary of voluntary organizations, associations or the like may be carried out by a beneficiary for voluntary organizations, associations or other similar work, which may be used as a normal wage.

Paragraph 3. Activities or voluntary unpaid work shall be carried out in the case of this notice in Denmark. The activity or work, cf. paragraph 1 and 2 shall be carried out without the consignee of the obligation to apply to normal function legal duties.

Paragraph 4. Activities, cf. paragraph 1, does not result in deduction of the unemployment service.

Paragraph 5. Volunteering, unpaid work, cf. paragraph 2 that can be offered as regular labor can be performed without deduction for up to 4 hours per week, cf. however, paragraph 1 The four hours are counted as an average over a payment period. Work on the other side is deductible.

Paragraph 6. Freely, unpaid work that pertains to primary operations and maintenance, resulting in deductions, cf. however, paragraph 1 Seven and eight.

Paragraph 7. Volunteering, unpaid work that pertains to primary operations does not mean deductions, if the work has always been carried out by unpaid labour, and the work of similar organizations, etc. is carried out by unpaid labour.

Paragraph 8. Volunteering, unpaid work that relates to maintenance does not entail deductions, if :

1) the work may be treated as a normal maintenance and repair of its own accommodation, cf. Section 6 (2). 3,

2) the work is performed on occasion,

3) the work has always been carried out by unpaid labour in the organisation, etc.,

4) the work of similar organisations, etc. is carried out by the unpaid labour force ; and

5) the work can be performed without authorization.

Niner. 9. A recipient of unemployment, unpaid, unpaid work, cf. paragraph 5 to 6 shall inform the municipality of the nature and duration of the work, and which organisation, association or similar work is carried out.

Self-Builder and cobuila

§ 6. There may be no unemployment benefit to a person who is a self-builder or a co-builder in building or rebuilding their own accommodation, etc., cf. however, paragraph 1 2. An allowance may be made once the personal complicity of the construction has been dissolved.

Paragraph 2. In the case of small construction works in their own residence, the person concerned may continue to receive unemployment. However, deductions shall be deductible for the hours used at work.

Paragraph 3. Regular maintenance and repair of their own abode don't mean deduction.

Revenue

Salary, on-call salary, fees, etc.

§ 7. ' revenue ' means salary, wage earnings, fees, etc., resulting in deductions, even though no work is carried out during the period in which the proceeds cover.

Paragraph 2. Revenue which shall replace the revenue referred to in paragraph 1. 1, including deductions, including

1) compensation for lost work profits,

2) the amount of the Guarantee Fund of the Salary beneficiaries and

3) severance payment, cf. paragraph 3 and 4.

Paragraph 3. Termination allowance shall be deductible from the amount of unemployment in full or in part equivalent to the payment of the beneficiary of unemployment pay in a period of termination, if the person had been made redundant.

Paragraph 4. If the former employment relationship, by law, agreement, regulation, circular or employment contracts offer opportunities for on-call time or similar in connection with a dismissal, the deduction payment shall be deducted from the unemployment allowance.

Paragraph 5. Paragraph 1-4 shall apply to both a one-off amount and the current income.

Commandments and duties

§ 8. Revenue received in order to carry out civil and public and private duties shall result in deductions in the management of the management, in accordance with the opinion of the State. however, paragraph 1 3 and 4.

Paragraph 2. Revenue received by the office of mayor, alderman or committee chairman shall result in deduction in the management of the unemployment allowance.

Paragraph 3. Revenue as a member of a municipal management board and a regional council recipient for the post of municipal management laws and the law of regions does not entail deductions.

Paragraph 4. Revenue received by the witness, juror, judge or judge of choice, shall not result in deductions.

Pensions, etc.

§ 9. Continuous payment of the pension, including addendum, which is part of a previous employment relationship and is such that it is customantly that the employer contributes to the pension resulting in deductions in the management system, cf. § 12, however.

Paragraph 2. Continuous payment of pension, which is linked to a working period abroad, will result in deduction of the unemployment allowance.

Paragraph 3. Continuous payment of a pension and pension benefits to a former mayor, chairman of the committee, the chairman of the Committee, the chairman of the Committee or the European Parliament, etc., shall result in deductions in the management of the Committee.

Paragraph 4. Continuous payment from a previous employer of amounts to whom a pension is equivalent to a pension will result in deduction of the unemployment allowance.

Copyright, etc.

§ 10. Revenue from first-broadcast and redeployment from recast, reenactment and other forms of reuse of books, photographs, plays, films etc., are deductible. However, only a deduction shall be deductible if the income originates from work within the usual working area of the person concerned where reusable mv is normal.

Paragraph 2. Licensing charges, library charges, Koda / Gramex charges, royalties and similar rights do not entail deductions.

Legatoes

§ 11. Legacy means deductions in the unemployment service if a duty obligation is attached to the scholarships.

Impulls that do not incubate

§ 12. No deduction shall be deductible from the working-free income, including :

1) Capital pensions and capital insurance.

2) Income from savings and insurance schemes, including life interest, which are unrelated to a working relationship.

3) Services of the Labor Market ' s Supplementary Pension (including SP) and payments under the Law on the Expense Fund of the Lønsurees Fund.

4) Pension after spouse or co-conteens and child pension.

5) Replacement substitutes, including replacements by law on labour harm protection.

6) Casuame damages, interest payments to the victims of occupation and repute.

7) Lifetal services on the Finance Bill to artists and their survivors.

8) Invalidity allowance for the highest, middle, increment, general and general early retirement.

9) Post-wage earnings of section 8 of the Functional Act, Section 8, after Chapter 6 of the Act of Staff Regulations, Allowance for Usureable dismissal after the section 4 (4) of the main Agreement. 3, and section 2 b, etc., severance allowance after the Clause Act of Clause 2 a and compensation after the equal treatment law.

10) Revenue by the sale of business and real estate.

11) Prentals and income from rental, which cannot be regarded as a business and profit from own accommodation.

12) Interesters, profits and similar, inheritance, gifts and winnings.

13) It's alimony.

14) Pension paid as a result of loss of professional / employability, and which are part of a previous employment relationship.

15) The increase in the pension as a result of an official ' s occupational injury (injury pension).

16) Remuneration received in order to comply with competition or customer clauses.

17) Vacation money and payment for holiday free days paid without leave or vacation holidays after holiday, etc., if there has been a holiday obstruction after the rules of holiday rules.

§ 13. Tantieme, bonus, bonus, saved search for holiday payment and similar payments related to a working relationship do not result in deduction of the unemployment allowance.

Chapter 4

Deductions in the Management

§ 14. Deduction after section 3-9 and 11 will occur at the time the work is performed or for the period in which the revenue covers. Deduction in section 10 (5) 1 shall be at the time of receipt of the income.

Paragraph 2. The faction in the unemployment service is going to take place weeks.

§ 15. Deduction in the Management service is after the relationship between the recipient's working hours of the week and 37 hours.

Paragraph 2. If the consignee is paid for more than one week for several hours other than the recipient has worked, the number of wage hours shall be deductible.

Paragraph 3. The payment of salaries which may be applied to other employment periods shall not be subject to paragraph 1. 2.

Paragraph 4. The Hourly rate to be deductible for after Section 7 (11) shall be calculated at the conversion of revenue after Section 17.

§ 16. Deduction for the exercise of self-employed by-employment, cf. Section 4 shall take place at the time of actual actual time spent by the consignee attached to all operations assigned to the enterprise-wide exercise, including administration and transport.

§ 17. If the working time of the receiver cannot be documented, the working time of the week shall be calculated at the conversion of the net income with the applicable conversion rate according to the law on unemployment insurance and so on.

Paragraph 2. The net revenue at conversion is the revenue of the week of deduction for the documented necessary expenditure, which, according to applicable tax rules, can deductible the revenue before tax calculation.

Paragraph 3. If the revenue is not known at the time of completion of the work, an interim deduction shall be carried out on the basis of the number of hours after the destination of the recipient is used in the performance of the work. Where the revenue is known, conversion shall be carried out in accordance with paragraph 1. One and two.

TITLE III

Vacation of unemployment benefits or special benefit

Chapter 5

Vacation of the holidays

§ 18. A person who is employed in a flex job and who wants to take vacations with unemployment in accordance with section 74 e in the Act of Active Social Policy must, before the end of the ferral with unemployment benefit, notify the municipality of this.

Paragraph 2. A person who is available to receive unemployment benefits or special benefit has the right to take vacations of unemployment after section 74 e or holiday with special benefit after section 74 of, paragraph 1. 4, in the Act of Active Social Policy, if the job centre receives notification within 14 days before the holidays are to be held and not already during the period of time, the tender for flex job or offering tender mv., as a person has a duty to : participate in. If there is less than 14 days for the holiday, the job centre can approve the holiday detention, provided that holding does not counteract the employment performance of the person. Vacation of relief or special benefit may be paid per day when the job centre receives notification and that the days in question are not met, offer of flex or offer tender, etc., as the person has a duty to : participate in. In addition, unemployment benefits and particular benefit may be granted during holidays from and with the day the municipality has been notified during the holidays, and no meetings have been set during the period of time, a tender for flex or offer tender, etc., which the subject has a duty ; to participate in.

TITLE IV

Entry into force

Chapter 6

Entry into force

§ 19. The announcement shall enter into force on 1. April 2012.

Paragraph 2. At the same time, notice No 1236 of 4. November, 2010, the calculation of unemployment allowance, deduction in the event of unemployment and the period of warning of a holiday with a case-off.

The retention of Phase and Recruitment, on the 27th. March 2012

Jakob Jensen

/ Kirsten Brix Pedersen