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Consolidated Act On Calculation Of Daily Subsistence Allowance For Employees

Original Language Title: Bekendtgørelse om beregning af dagpengesatsen for lønmodtagere

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Table of Contents
Chapter 1 Concepts mm.
Chapter 2 Calculation basis
Chapter 3 Procedure for calculation
Chapter 4 Fixed dagpengesatser
Chapter 5 The time of calculation
Chapter 6 Calculation of a Member who has worked abroad
Chapter 7 Entry into force, etc.
Appendix 1 Schalatrin and factors may be set for 2012 as follows :

Publication of the calculation of the salary receivers

In accordance with section 51 a, section 52 f, section 74 b (b), 4, section 74 l, paragraph 1. 12, and Section 95, in the law on unemployment insurance, etc., cf. Law Order no. 838 of 4. July, 2011, as amended by law no. 1365 of 28. In December 2011, after negotiation with the Employment Board :

Chapter 1

Concepts mm.

§ 1. The time of calculation is the time when the case is to calculate a member's rate when the member requests daily allowances. Reference is made to section 20.

Paragraph 2. The period of calculation shall be the period forming the basis for the calculation of a rate. Reference is made to section 4 to 6.

Paragraph 3. The calculation basis shall be the income for the reporting periods that form the basis for the calculation period. Reference is made to sections 3, 7 and 8.

Paragraph 4. For purposes of salary, hours paid shall be the hours paid for in a normal employment relationship in accordance with applicable conventions or, by the way, the general pay and working conditions, cf. notice of employment requirements for employees and the daily financial period.

§ 2. A Member who has the right to benefits can receive benefits with a rate calculated on the basis of the previous revenue for the calculation period (calculated rate), cf. Chapters 2 and 3.

Paragraph 2. A Member may be entitled to benefits with a fixed rate, cf. Chapter 4.

Chapter 2

Calculation basis

§ 3. Calculation shall be made on the basis of revenue and number of hours reported pursuant to section 3, in the law of an income register, unless otherwise follows by this notice.

Paragraph 2. Every name, as mayor, alderman, committee chair, member of the government or the European Parliament, is being treated as the same as the work of the European Parliament. Taxable amounts which a member receives for the taking of such duties shall form part of the basis of the calculation.

Paragraph 3. Employment which cannot be regarded as self-employed, cf. the notification of the operation of self-employed activities and for which information is not reported on income and wage hours for the income register, cf. Section 3 of the law on an income register forms part of the basis of the calculation.

Paragraph 4. Only earnings and salary hours during a membership period can be part of the calculation basis. The income and wage hours of a notification period, which are partially within a period of a member period, can be counted as compared to the number of calendar days of the month.

Paragraph 5. For members who have obtained the right to benefits, cf. Article 54 of the law may work, which is after the end of the training period and before the time of admission into the case of the entry into the calculation basis.

Calculation Period

§ 4. The calculation period shall include the most recent continuous reporting periods preceding unemployment, which covers 3 months at monthly reports and 12 weeks on week or 14-day reports, cf. § 3.

Paragraph 2. For a full time-insured member, the calculation period shall be provided for in accordance with paragraph 1. 1 shall be reported at least 320 hours of monthly reports and at least 296 hours of week or 14-day reports. For a Part-Time Insured Member, the calculation period shall be required in accordance with paragraph 1. 1 shall be reported at least 195 hours of monthly reports and 180 hours of week or 14-day report.

Paragraph 3. For members that pre-unemployment, cf. stk.1, both received paid monthly and weekly or 14-day, shall be taken at the time of the presentation of a wage period, in accordance with the notice of a pay-grade, cf. paragraph 2 and section 5, starting from the most recent salary report for the calculation period.

Paragraph 4. In the event of non-profit and pay-per-wage reporting, cf. Section 3, paragraph 3. 2 and 3, sections 8 and section 25, the period and the number of hours of pay, cf. paragraph One and two, from the latest payout.

§ 5. If a member's working hours are not inspecting in accordance with the rules in the publication of the employment requirements for employees and the daily financial period, the number of wage hours is to be found in hours of income.

§ 6. A member can select whether a period should be used as a calculation period after paragraph 4, if the member in the period has

1) received benefits from a case, cf. however, paragraph 1 2,

2) operated self-employment as a main occupation,

3) participated in SU-justifiable training,

4) been covered by a work dispute ;

5) derivational duty, or have been employed on a host-related level ; or

6) completed work with a public allowance for the wages of an active employment effort and which the job centre must report to a box, except for work at service post after 1. In April 2002, the law applicable to service is applicable.

Paragraph 2. A period shall be used as a period of calculation, even though the period is :

1) days when a member has been free on company closure due to vacation time,

2) days in which holiday pay is paid,

3) days when a member has participated in training or a VEU compensation course, or

4) days when the member has been enrolled in the job center without receiving benefits from a case.

Paragraph 3. If, during the period, absence as referred to in section 12 outside of a function, a Member may choose that the period should not form the basis for a calculation.

Revenue that can be taken by calculation

§ 7. For calculation, all taxable salary units have been reported for the reporting periods which form the basis for the calculation period, cf. however, paragraph 1 3 and 8.

Paragraph 2. If a member of the calculation period has had free diets, lodging, car, multimedia, etc. in a function, the value laid down by the tax authorities shall be taken by a calculation.

Paragraph 3. By way of derogation from paragraph 1 1 the contribution of the beneficiary to pension schemes covered by Title I on the taxation of pension schemes and so on, and contributions to ATP by calculation. This also applies to sums paid by a pension or pension fund on a permanent basis to a member's group life insurance.

§ 8. A Member who has been exempt from the employment of an international organisation or on a foreign diploma or consular representation must, notwithstanding paragraph 7, be exempt from the duties of a foreign diploma or a foreign diploma. 1, take the earning at a calculation.

Chapter 3

Procedure for calculation

§ 9. For the purpose of calculating a rate, the calculation basis as laid down in Chapter 2 shall be added to the ground.

Paragraph 2. If there is a documented absence during the calculation period, this must form part of the calculation basis, cf. § 12.

Paragraph 3. The income of the calculation period shall be reduced by labour market contribution by the labour market contribution by the percentage applicable to the calculation date.

§ 10. Benefit may not exceed 90% of the amount of the day. of the Member State ' s calculation basis and shall not exceed the highest amounts of the daily allowance according to the section 47 or 70 of the Act.

Paragraph 2. The daily revenue is 1/65 of the revenue for the calculation period. However, at week or 14-day reports, the daily income is 1/60 of the revenue for the calculation period.

Paragraph 3. In cases where income is to be calculated that has not been reported to the income register, cf. Section 4 (4) of the notice. 4, shall constitute a daily work profit 1/65 of the revenue for the calculation period.

Paragraph 4. For members that have both had monthly reports and weekly or 14-day reports for the calculation period, the dividend selection is made by the selection of the divisor, cf. paragraph 2, starting from the most recent salary report for the calculation period.

§ 11. For the calculation of the work profits for a member serving on a ship registered in the Danish Internationally Ship's Registry (DIS), the monthly DIS fee shall be regulated. Adjustment shall be made on the basis of monthly revenue and insured tax freedoms, exclusive compensation schemes, ATP and contributions to pension schemes covered by Section I on the taxation of pension schemes and so on shall take place. per year per year. 1. January.

Paragraph 2. For the duration of a service under 30 days, a proportionate regulation of the hires is carried out.

Paragraph 3. After conversion, in accordance with paragraph 1, 1 shall be attributed to the calculated income from the Member ' s contribution to ATP and contributions to pension schemes covered by Title I on the taxation of pension schemes, etc.

Paragraph 4. The Director of the Agency for the Agency for Business Management provides for scale steps and conversion factors on the basis of :

1) State aid and health care, cf. personal tax havens, section 5,

2) the national average of municipality and church tax,

3) the personnel deducted, cf. personal tax havens, section 10, and

4) the seaman tax deducted, cf. Paragraph 3 of the law on the taxation of seafarers.

Paragraph 5. The Director of the Danish Labour Market Authority shall prepare each year scale and conversion factors for calculating monthly DIS-fee for the calculation of unemployment benefits, cf. Annex 1.

Documented absence

§ 12. If an employment relationship is documented without full pay, the revenue for the calculation period shall be increased by an amount corresponding to the Member ' s average hourly profit multiplied by the number of documented frames in accordance with the year. paragraph Two and three.

Paragraph 2. If there is a record of absence in a employment relationship where employment is established in a time-wise way, it may be established that the number of hours a member could have been employed on the absence of absence, this is included as a documented absence. at a calculation.

Paragraph 3. If it is not possible to determine how many hours a Member would have worked on days that have been absent, the absence is a per. day by 7.4 hours for full-time insured and with 6 hours for the part time insured.

Paragraph 4. Documented absence is :

1) Nails and holidays.

2) Days and days when a member has parental maternity leave.

3) Conventional holidays, including holiday holidays and special vacation days.

4) A vacation with vacation repayment and vacation time with vacation money.

5) Days when a member has participated in a course with a VEU allowance.

6) Days when a member after § 42 and § 119 of the Law on Social Services and Clause 19 a in the daily allowances of disease and birth have been compensating for lost profit.

7) Days in which adult training aid has been paid after the State's adult training aid (SVU support) has been paid out.

8) Days where a member has participated in training course.

9) Days in which a Member is engaged in the bourgements of a civil right.

10) Days where a member is due to the absence of a loss to be compensating for lost work.

11) Tenant days on business closure due to vacation.

12) Days where a member has been in session or has been resummoned to military service.

Chapter 4

Fixed dagpengesatser

82%-day money

§ 13. A Member who has been fully insured in the last three years before the unemployment has been granted daily money by a fixed amount, which amounts to 82%. of the highest daily money in accordance with Article 47 of the law, if the member throughout the three-year period ;

1) has been in full employment and received a number of hours of pay, cf. Section 3, paragraph 3. 1, which shall mean an average of 30 unsupported wage hours per hour ; week, or

2) have had periods of full-time pay in which the person concerned has received a report of a number of wage hours, equivalent to at least 30 weeks of unsupported wage per year. week, or have unassisted self-employed activities in a significant manner, cf. however, paragraph 1 3 and 4, during a continuous period of at least 13 weeks.

Paragraph 2. A Member does not fulfil the requirement in paragraph 1. 1 if payments are paid out from a case outside a period of operation of self-employed activities for a significant degree in the three-year period. The exception of here is :

1) Holiday money.

2) Daily money on free days from pay-receiving work at the company closure due to a holiday.

3) Daily change for up to a week by unemployment between two employment conditions or after termination from self-employment.

4) Periods up to 4 weeks with

a) EU Allowance, or

b) SVU support.

Paragraph 3. A Member shall not be considered to have been fully employed if the Member has received public service by other legislation outside a period of employment for the three-year period.

Paragraph 4. Absenders of no more than 26 weeks in the last three years due to sickness, maternity or education in a period such as self-employed persons shall not preclude to receive benefits in accordance with paragraph 1. 1. a member who has met the right to the rate referred to in the last three years in accordance with paragraph 1. 1, retain this regardless of absence due to maternity leave.

§ 14. A member must have a daily allowance with a fixed amount, which amounts to 82%. of the highest daily money in accordance with the provisions of Article 47 or 70 of the law, if no more than five years preceding the time of application for a day ' s payment, either :

1) is a period that satisfies the conditions of section 3 to 6, or

2) has been paid out daily with a previously calculated rate.

Paragraph 2. In the assessment of the conditions laid down in paragraph 1, 1, no. 1 and 2 are met, the box cannot go further than the beginning of the last member period.

§ 15. A Member who has obtained the right to a day's money, cf. The section 54 of the law must have a daily allowance with a fixed amount, which amounts to 82%. of the highest daily money in accordance with the section 47 or 70 of the law.

§ 16. A member that is busy in a box under the department of service obligations or employment on a host-level equivalent condition may receive a daily allowance with a fixed amount that amounts to 82%. of the highest daily money in accordance with the section 47 or 70 of the law.

Paragraph 2. A member that is admitted as a member of a box before the department of service obligations or employment on a host-level equivalent condition may receive a daily basis with a calculated rate. The rate shall be calculated on the basis of employment which satisfies the conditions laid down in section 3 to 6, which is before or after the period of jurisdiction or employment on a host-level equivalent conditions. However, the Member shall have at least a flat-rate amount that amounts to 82%. of the highest daily money in accordance with the section 47 or 70 of the law.

Paragraph 3. In the case of a Commitment Commants who are available at the time of the return and which have a period meeting the conditions laid down in section 3 to 6, calculation shall be made on the basis of the salary received by the person in charge, regardless of the recording in a box. before or during the service of the host duty.

100% daily money

§ 17. A Member who has been given assistance for the care of the disabled or seriously sick child for more than two years after the Social Services Act, may receive a daily allowance with a fixed amount that amounts to 100%. of the highest daily money in accordance with the section 47 or 70 of the law.

§ 18. A member that has been issued as an ulandal volunteer during the calculation period may receive a daily allowance with a fixed amount, which amounts to 100%. of the highest daily money in accordance with the section 47 or 70 of the law. It is a condition that the Member has been deployed in the context of voluntary programmes for which assistance is provided under the international development cooperation law, or private voluntary programmes carried out for humanitarian organisations which are approved in accordance with Article 12 (2) of the body of the equation. 3.

Number of daily allowance for free members under 25 years

§ 19. A Member under the age of 25 shall have the right to benefits in accordance with section 48, cf. ~ § 47 and 70, in the law, cf. however, paragraph 1 2-4.

Paragraph 2. A Member who has had 26 weeks ' interittled unemployment benefits the equivalent of 50%. of the highest daily money, cf. sections 47 and 70 until the member has had 104 weeks of comolability if the Member has failed to implement a training of the type referred to in Section 54 of the Act. However, this does not apply to a full-time insured member who received a minimum of 3.848 hours of work, in accordance with the law of an income register or in a corresponding period of time, to an independent undertaking, in accordance with the law of an income register or in a similar period. cf. notice of the operation of self-employed activities or a part-time insured member who received at least 2,565 wage hours in accordance with the law of an income register within 3 years.

Paragraph 3. A Member who has had 26 weeks ' interittled unemployment and taking part in tender after chapter 10 of the Act of Active Employment, receive daily allowances equivalent to 50%. of the highest daily money, cf. ~ § 47 and 70, cf. however, paragraph 1 6 if the member has not completed a training of the kind referred to in Section 54 of the Act. This applies even if the Member has had employment referred to in paragraph 1. 2.

Paragraph 4. A Member who has had 26 weeks ' interittled unemployment and taking part in tender after chapter 10 of the Act of Active Employment, receives daily allowances equivalent to 82%. of the highest daily money, cf. ~ § 47 and 70, cf. however, paragraph 1 6 if the member has completed a training of the kind referred to in Section 54 of the Act.

Paragraph 5. Account for the consumption of benefits referred to in paragraph 1. 2-4 shall be announced in accordance with the notice of employment requirements for employees and the daily financial period. The same applies to the specification of employment in paragraph 1. Two, except for the section 4 of the notice.

Paragraph 6. However, by taking part in a bid for Chapter 10 of the Act of Active Employment, which has a continuous duration of less than four weeks, the Member shall receive the day change in accordance with paragraph 1. 1.

Paragraph 7. A member who receives the day's money after paragraph 1. 2-4, and which fills 25 years during its participation in tender for activation, this time benefits will be calculated according to section 48, cf. § § 47 and 70 of the law.

Chapter 5

The time of calculation

20. Calculation shall be calculated when :

1) a member requests daily allowances,

2) the Member fulfils the conditions for the benefit of a daily basis ;

3) there is a calculation period that satisfies the conditions in section 3 to 6.

Paragraph 2. If a Member has previously received a daily allowances with a calculated rate, it is a condition for a new rate to be calculated that the period referred to in paragraph 1 shall be made. 1, no. 3, completed at least one year after the last day of the last day of the last period that has been due to a calculation, cf. however, section 21.

Paragraph 3. A Member who received daily allowances after § 13 or § 14 must have calculated a rate when the court has elorated six months after the right to a day's money has been entered and the Member has completed a working relationship that satisfies the conditions of section 3 to 6.

Paragraph 4. A member who's had an 82% unemployment benefit. of the highest daily money, cf. Article 47 of the law, on the basis of the operation of self-employed activities, in accordance with the requirements of the Whereas notification of the procedure for calculating the employment profit for self-employed persons shall have calculated a rate in the course of six months after the entitlement to a daily payment has occurred and the Member has completed one ; employment conditions that meet the conditions laid down in section 3 to 6.

Paragraph 5. A Member who received daily allowances after section 15 must have calculated a rate when the court has elorated six months after the entitlement to the daily money has entered and the member has completed an employment relationship that satisfies the conditions in section 3 to 6, after that : the training is complete.

Paragraph 6. A Member who has obtained the daily allowance after paragraph 16 (1). Paragraph 1 shall have calculated a rate in the course of six months after the entitlement to a daily money has entered, and the Member after the right of daily money has entered has completed an employment relationship that satisfies the conditions of section 3 to 6.

Paragraph 7. in cases where work can form the basis for a calculation in accordance with paragraph 1. In the six months of periods in the aforementioned provisions, the payment of daily allowances with the calculated rate shall be taken from the first 1 to 6 months in the aforementioned provisions. Monday after that the right to a daily money with a calculated rate has been entered.

§ 21. For a member who has previously received a daily allowances with a calculated rate, there shall be, notwithstanding 20, paragraph 1. 2, c calculation if the member

1) is transferred from part time to full-time insurance or vice versa ; and

2) during this period, an employment period satisfies the conditions laid down in section 3 to 6.

Paragraph 2. It is a member's insurance category at the time of calculation, which is crucial to the number of wage hours required before the requirement in section 4 is met.

§ 22. For a member who is transferred to the post or a payday certificate, the calculation shall be calculated if, prior to that, a period of time satisfies the conditions of section 3 to 6.

Paragraph 2. A Member who has been granted a post-wage certificate has the right to choose the basis for calculation, as the Member had at the time when the payday was given effect.

Chapter 6

Calculation of a Member who has worked abroad

EXOSIS

-23. A member that has not been insured in a Danish-a-box within the last five years before entering Denmark and fulfilling the right of benefits for benefits, cf. the announcement of unemployment insurance by working, etc. in the EEA and in the other countries, must have calculated a rate on the basis of the last work in Denmark, which meets the requirements of section 3 to 6.

Paragraph 2. A Member who has been insured in a Danish-a-box in the last five years prior to arrival in Denmark, and which then has been assured of unemployment insurance in another EEA country or Switzerland, must have calculated a rate based on work in Denmark, cf. section 3 to 6 if the member is immediately reinstated in the right to day money after work of another EEA country, cf. notification of employment insurance by working, etc., within the EEA and in the other countries.

Paragraph 3. A daily eligible Member who does not meet the conditions for a calculation according to section 3 to 6 may, cf. § 14, get a daily money with a steady rate of 82%. of the highest daily money, cf. section 47 and 70 of the law.

Paragraph 4. For a fully available frontier worker with residence in Denmark, calculation on the basis of the revenue in the country of employment must be calculated prior to the opening of the member.

Faroe Islands and other outlands

§ 24. For a member entitled to transfer qualification periods from the Faroe Islands and who are entitled to benefits, calculation shall be calculated on the basis of the most recent work that satisfies the conditions of section 3 to 6.

Paragraph 2. The terms of paragraph 1. 1 can be met by work in Denmark, by working both in Denmark and the Faroe Islands or by work only on the Faroe Islands. However, it cannot be fulfilled in the course of work in Denmark ahead of the crew of the Faroe Islands, cf. however, paragraph 1 4 and section 25.

Paragraph 3. Where the conditions laid down in paragraph 1 and 2 are not fulfilled, daily allowances shall be paid with a fixed rate of 82%. of the highest daily money, cf. Section 47 or 70 of the law.

Paragraph 4. A member that precedes work on the Faroe Islands has either been a member of a Danish a-box or during the work on the Faroe Islands has retained membership of a Danish-a-box, may choose to be covered by Section 25.

§ 25. One Member may choose to take a calculation on the basis of income from work abroad, if

1) The Member is free after work in Greenland or abroad, except for the EEA countries, and

2) The Member has retained membership of a Danish a-box during the work abroad.

Paragraph 2. If a member chooses that revenue from a foreign country to be used when calculating a rate, the exchange rate must be used at the calculation time.

Chapter 7

Entry into force, etc.

SECTION 26. The announcement shall enter into force on 5. of March 2012, and shall apply to the calculation of the calculation periods starting from 1. January 2008. 1)

Paragraph 2. In cases where, during the period, cf. paragraph 1, not a period of calculation, and in question as a result of the 5-year rule in § 14, can include income and employment from before 1. In January 2008, this inventory is done after they have been made before 1. May 2011 current rules.

Paragraph 3. In the calculation of income and employment in accordance with paragraph 1. 2, income and employment can only be counted once after the account is taken of account of the entry into the income register or the inventory after they are made up to 1. May 2011 current rules.

Paragraph 4. In determining whether working time is in periods before 1. May 2011 is uncontrollable, they'll find before 1. May 2011 applicable rules in section 3 of notice no. 566 of 19. June 2008 on supplementary benefits, use.

Paragraph 5. Publication no. 356 of 27. April 2011, the calculation of the daily allowance for wage earners is repealed. References to Regulation (EEC) No, Regulation 1408/71 shall remain in force and the application of this Regulation is maintained in relation to the individual EEA country and Switzerland, as long as the individual EEA country or Switzerland has not signed up to Regulation (EC) No 2. 883/04.

Paragraph 6. Section 17 shall apply to members who are on 1. In August 2007 or later, support for the care of the disabled or seriously ill child after § 42 of the Act of Social Service is entitled.

Labour market management, the 29th. February 2012

Marie Hansen

/ Vibeke Dalbro


Appendix 1

Schalatrin and factors may be set for 2012 as follows :

1. Conversion outside of limited rate-with a seaman tax deduction

Skalatrin and conversion factors for the calculation of the members in the daily allowance

1) which are covered by the DIS Convention ; and

2) which are without too limited speed, and therefore a tax-rate tax deduction, cf. § 3, in Act 3. 386 of 27. May 2005 on the taxation of seafarers

to be determined as follows :

Gross revenue :

1) DKK 0-99.800

2) DKK 99.801-389.900

3) DKK 389.901-

corresponds to :

Annual Net Revenue :

1) DKK 0-99.800 converted by factor 1,00

2) DKK 99.801-280.973 converted by factor 1,60

3) DKK 280.974, which is converted by a factor of 2,10

Monthly (net) adjustment is performed according to the following scalatrin :

1) Gross. Revenue between DKK 0-8.317 is converted by 1,00 block

2) Gross. Revenue between DKK 8.318-23.414 is calculated with a factor of 1,60

3) Mdr. Revenue in excess of DKK 23.414 shall be converted by a factor of 2,10 ;

2. Conversion Limited-Without Sweep Tax Deductions

Skalatrin and conversion factors for the calculation of the members in the daily allowance

1) which are covered by the DIS Convention ; and

2) which are operating at a limited rate and therefore do not have a tax-rate tax deduction, cf. § 3, in Act 3. 386 of 27. May 2005 on the taxation of seafarers

to be determined as follows :

Gross revenue :

1) DKK 0-42,900

2) DKK 42,901-389.900

3) DKK 389.901-

corresponds to :

Annual Net Revenue :

1) DKK 0-42,900, which is converted by 1,00

2) DKK 42,901-259,608, which is converted by a factor of 1,60

3) DKK 259609, which is converted by a factor of 2,10

Monthly (net) adjustment is performed according to the following scalatrin :

1) Gross. Revenue between DKK 0-3.575 is calculated by factor 1.00

2) Gross. Revenue between DKK 3.576-21.634 is converted by a factor of 1,60

3) Mdr. Revenue in excess of DKK 21.634 shall be converted by a factor of 2,10 ;

Official notes

1) A guide shall be drawn up for the notice.