Notice On Disposal

Original Language Title: Bekendtgørelse om rådighed

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Overview (table of contents)



Chapter 1



Area and concepts, etc.





Chapter 2



General occupancy conditions





Chapter 3



On-call obligation in special situations





Chapter 4



Supplemental daily subsistence allowance and emancipation certificate





Chapter 5



Subject to the work force





Chapter 6



Unavailability after a refusal or termination





Chapter 7



Training





Chapter 8



The Member's duty to disclose





Chapter 9



Occupancy assessment





Chapter 10



Loss of the right to receive unemployment benefit and working requirements





Chapter 11



Entry into force, transitional measures, etc.





Annex 1









The full text of the notice of disposal

Under section 52 (f), section 57, paragraph 5, section 62, paragraph 6, article 62 (a), paragraph 4, section 62 (b) (3), § 65, paragraph 6, section 65 (a), paragraph 7, and section 88, paragraph 4, of the law on unemployment insurance, etc., see. lovbekendtgørelse nr. 838 of 4. July 2011 shall be determined after negotiation with the Employment Council: Chapter 1 Scope and concepts, etc.

§ 1. The rules of this order include members of an unemployment fund, as 1) requesting or receiving subsistence allowances, including supplementary daily subsistence allowance, 2) executes a quarantine, 3) asks to obtain early retirement certificate or 4) asks to go on early retirement.

(2). The notice also includes daily subsistence allowance eligible members of an unemployment fund, which is participating in an offer.

§ 2. By ' other entrant ' means another public or private partner, as the job centre has signed an agreement with, see. the law on responsibility for and management of active employment efforts.

(2). ' Job interview ' means all conversations, which the Member to be convened at the job centre the job centre or another player.

(3). ' Discount ' means the offer after the Act on an active employment efforts.

(4). ' Activity ' is defined as activity in accordance with the Act on an active employment efforts.

(5). ' Referral conversation ' means conversations which unemployment insurance fund member to be convened for the purpose of reference to work.

(6). ' CV-conversation ' means conversations which unemployment insurance fund has convened to on the establishment, approval, or maintenance of your résumé.

(7). ' Instructional conversation ' means conversations which unemployment insurance fund has convened the Member to which the unemployment insurance fund supervisor stating the rights and obligations under the Ordinance on a a-Treasury's duty to provide guidance, etc.

(8). ' Plan for job search ' means the plan, drawn up in accordance with the Ordinance on a a-Treasury's duty to provide guidance, etc.

Chapter 2 General occupancy conditions § 3. A free member can only get a daily allowance, if the Member is at the disposal of the labour market.

Domicile and residence



§ 4. A member must have domiciled and reside in Denmark, see. However, Regulation (EC) No 883/04, article 64 and 65 or regulation (EEC) No 2377/90. 1408/71, article 71 (a), 71 (b), and (ii) in which this still applies.

§ 5. A member may receive a daily allowance during the search for employment in another country, if the honourable Member before departure attesting that the face of unemployment insurance fund to have an agreement with an employer about a job interview in the other country. Member shall give notice of the duration for the job centre and the a-box before the journey. Member shall come back to Denmark within 5 days.

Registration as a person seeking work



§ 6. A member must be registered as a person seeking work in the job centre in order to be able to get benefits. Member shall be enrolled in the whole period the Member is asking for daily subsistence allowance for. The Member is considered registered when the registration is made in the common data base for employment efforts. In order to remain enrolled continuously member must confirm that the person is seeking employment, see. the Act on an active employment efforts. A member may not meet the condition of being subscribed to by only turning on his CV, see. Article 10, paragraph 5.

(2). Member will not have got subsistence allowances, unemployment insurance fund pay daily subsistence allowance for a period of non-enrollment, see. (1) If 1) Member has a date-stamped daily allowance card or a receipt for digital signing up, which shows that the honourable Member should have been signed up in the period, or 2) the lack of registration is due to (a) occupational conditions or conditions at the job centre, as the job centre or the national labour market authority has confirmed.

(3). Payment in accordance with paragraph 2 can be done, if the Member has not been able to prevent or remedy the lack of registration, and the other conditions for the payment of daily subsistence allowance during the period have been met.

(4). Payment of subsistence allowances in accordance with paragraph 2 to an available Member can, however, only when the Member is registered as a person seeking work, see. (1).

(5). When the conditions in paragraph 3 are met, can the Director of injuries and the Director of the Pension Agency authorize the unemployment insurance fund shall pay the per diem.

Adoption of the work



§ 7. A member must be able to take over the work by working time beginning the day after the Member is referred to work by the job centre, a-box or another player.

(2). The requirement of notice may be waived in the case of a member, if the job centre or a-box has previously informed the Member accordingly.

(3). The Member must be capable of meeting for job interviews, referral conversations, CV-conversations, on-call conversations as well as to activities and offers the day following that on which the Member has received a call from the job centre, a-box or another player. The same is true for meetings, etc., as unemployment insurance fund has convened the Member to, and as a aims to strengthen member's attachment to the labour market.

(4). Paragraph 3 shall also apply to work as a locum in connection with job rotation in accordance with the Act on an active employment efforts.

§ 8. A member must be able to take over equitable work with full normal working hours under the conditions which are common within the respective professional area. Deltidsforsikrede is full of the usual working week 30 hours per week.

(2). Reasonable work includes all work, as member can perform. The work is also reasonable, if the Member can perform it after a shorter training sessions, and the Member is offered the necessary training in the context of the reference.

§ 9. A member must in principle could take over the work with an overall daily journey times of up to 3 hours by public transport. After 3 months on aggregate unemployment must Member could take over the work with an overall daily travel time of more than 3 hours by public transport.

(2). A member must in particular situations could take over the work with an overall daily shipping time of up to 4 hours with public transport.

(3). A member who is between-or highly educated, regardless of daily shipping time could take over the work, if it is necessary to get the vacancies filled with skilled workers.

(4). If a member living in an area where it is necessary to have longer transit time than usual, the Member must accept this move time.

Job search and CV



§ 10. A member must look for work, see. sections 8 and 9, and participate in courses and other offerings that increase the opportunities for getting work.

(2). Member shall also seek concrete job after imposition of the job centre, a-box or another player. Member shall including search at least two relevant specific jobs, as unemployment insurance fund shall instruct the Member to search at the end of the CV-conversation.

(3). The Member must seek work in the way that is usual in the respective professional area. The Member must also seek permanent work with full usual working hours.

(4). The Member must seek employment, as the person concerned is advised on in plan for job search.

(5). The Member shall, within three weeks after registration as a person seeking work create a CV and make it available on Jobnet. The Member must also specify at least one employment targets in areas where there is a need for labor. The Member must then ensure that the information in your résumé at any time are correct and complete.

(6). Member shall for on-call conversation after section 26 bring copy of the job applications, as unemployment insurance fund have prompted by the guidance interview or latest occupancy assessment.

Consequences



§ 11. A member may not get daily subsistence allowance, as long as the Member is not domiciled and residing in Denmark, see. § 4, is not registered as a person seeking work, see. § 6, or may not accept employment or participate in conversations, activities or offerings, see. sections 7-9.

(2). A-box out from a concrete availability assessment, see. § 25, decide that the Member must satisfy a work requirement, see. section 30, in order to be able to get benefits.

Chapter 3 on-call obligation in special situations Deals



§ 12. A member who participates in an activity or an offer, must look for work, see. § 10, and could take over the work with a day's notice, unless the job centre has waived the requirement, or otherwise provided by order on an active employment efforts.

(2). The Member also has a duty to meet for talks, as the job centre, a-box or another player calls.

Less intensive effort




§ 13. A member who is the subject of experiments with less intensive effort for certain groups of people, see. notice on pilot schemes in accordance with the law on responsibility for and management of active employment efforts, the Act on an active employment efforts and law on sick pay, are not required to appear in person up to conversations, as the honourable Member is called for, in the job centre, a-box or with another player. However, the honourable Member has a duty to keep in touch with the job centre, a-box or other actor in other ways, by telephone, digital or by letter.

(2). The honourable Member has also not obliged to participate in the offer after the Act on an active employment efforts or in different activities.

(3). The honourable Member has a duty to seek reasonable and relevant work. Relevant work includes work as the Member may carry out in the period in which the person concerned is covered by a less intensive effort. The Member also has a duty to search specific job after imposition of the job centre, a-box or another player.

Leave of absence



§ 14. A member may be available for the labour market in the rest of a period of leave from work if the period is over 4 weeks, and Member will not have the option to resume work immediately.

(2). A member may be available for the labour market between two periods of maternity leave, if the period is over 4 weeks.

Civic duties, etc.



§ 15. A member may be available for the labour market, even if the Member has civic duties or other tasks in the public interest, which limits the ability to take over the work.

Chapter 4 Supplementary daily subsistence allowance and emancipation certificate § 16. A member who is working on the set up time, can get additional daily subsistence allowance if the employer is not entitled to a notice period.

(2). When the employer is entitled to a period of notice, which shall be paid additional daily subsistence allowance, 1) if the Member's reduced working hours at any time can be placed, so that working hours do not preclude the acquisition of other work, or 2) if the employer declares that would dispense with notice in the event that the Member obtains work with a longer working time. Employer statement shall be recorded on a certificate of emancipation, be reflected in the employer's notice of Division of labour or stated in the employment contract.

(3). An employer shall be deemed to be entitled to a termination notice in all cases where an employment relationship as a starting point for a termination notice from the staff member's page in accordance with the law or a collective agreement or agreement.

(4). The Member can get additional daily allowances from the employment relationship on the first day, when evidence that the employer will ignore a notice is received in a-box within 5 weeks after the employment relationship has begun. The 5 weeks counted from and with the day, the employer is entitled to a termination notice. If unemployment insurance fund has received the documentation after the expiration of the 5-week deadline, the Member of the earliest can get additional daily subsistence allowance from the day (a)-Kit received the documentation.

Chapter 5 subject to section 17 of the labour force. A member may not reserve its labor for 1) seasonal work, 2) a particular employer or 3) a particular site.

§ 18. When a member joins itself free after a work subject to section 17, a-kit assess the Member's available for the labour market, without prejudice to article. Chapter 9.

Chapter 6 unavailability after a refusal or termination of section 19. A member is not available, if the Member declines a job which the honourable Member referred to, declines an offer, or an activity, declines a job interview, ceases its work or ceases in an offer or an activity, if the Member of the fx to be 1) take over other work, 2) start self-employment, 3) to start or continue a training, 4) go on early retirement, 5) go on childcare leave as vacant following the law on childcare leave , 6) travel abroad or 7) move due to the spouse's or samleve's relationship.

(2). Paragraph 1 also applies to no-shows and situations that can be equated to refusal.

(3). Member can again get per diems from the time when it shall be demonstrated that the precondition for the refusal, termination or absence has lapsed.

(4). The Member can, however, get subsistence allowance after the termination of an activity or an offer, if the Member is covered by a less intensive effort at the time of termination, without prejudice. § 13.

Chapter 7 Education section 20. A member who participates in education, cannot get subsistence allowances referred to in article 6. However, (2) and § 21.

(2). A member who is available for the labour market, can retain the right to receive unemployment benefit by participating in: 1) training under 20 hours per week, if the training is not eligible for aid in accordance with the law on State education aid, in so far as it is offered as a full-time training.

2) single subject teaching at the secondary level less than 20 hours per week.

3) teaching corresponding to public school 8.-10. grade levels.

4) Evening classes, for which the aid shall be granted in accordance with the general education. A member may also retain the right to a daily allowance under the equivalent rates of up to 2 weeks, which is not part of a qualifying education.

5) teaching for up to 2 weeks, if the Member's professional organisation, unemployment insurance fund, the job centre or other player organizes the teaching in order to strengthen member's attachment to the labour market.

6) training under the Act on open education and the law on universities, if the Member has completed an occupational training for at least 18 months ' duration. This applies, however, only until the Member's right and obligation to offer arises. The teaching must not be able to be part of a new training for the Member. Teaching duration may not exceed 6 hours per week or equivalent to 1/3 student FTE. By teaching in more than 6 hours per week the Member must demonstrate that teaching per week up to a maximum equivalent to 1/3 student FTE.

7) high school or adult courses within the first 6 months of aggregate unemployment rate, if the Member is under the age of 25.

(3). A member may not get per diem for hours where the Member receives the education allowance in accordance with the law, compensation in accordance with the law on allowances for participation in vocational adult and continuing education or training aid for adults according to law on State education aid.

§ 21. A member who knows ledigmeldelsen is filled 25 years, can retain the right to a daily allowance during training on the condition that the teaching takes place after 8 pm. 16 or on Saturdays and Sundays and public holidays, the honourable Member is not self-induced or conspicuous absence from an interview pursuant to section 41 of the ordonnance on self-inflicted availability, and that the Member is either 1) as full-time insured for at least 2 years before the jobless rate on average have had contract work for at least 30 hours a week at the same time as the Member has participated in the training, 2) as part-time insured for at least 2 years before the jobless rate on average have had contract work for at least 20 hours weekly at the same time with that the Member has participated in the training, or 3) for at least 2 years, engaged in self-employment substantially at the same time as the Member has participated in the training.

(2). Daily subsistence allowance under paragraph 1, in the rest of the study course is paid in 444 hours of a full-time insured member and 360 hours for a part-time insured member.

(3). The period within which the requirement of employment referred to in paragraph 1 must be fulfilled, be extended for periods of absence due to maternity leave after Act 1) on the right to leave and daily allowance in the event of childbirth (maternity law) or 2) disease, if the individual disease period has had a duration of more than 4 weeks.

(4). Member shall on their honour stating that the demand for employment in paragraph 1 are fulfilled.

§ 22. A member may be available in a period of unemployment between the two periods in a training session. It applies only if the period is over 4 weeks, see. However, paragraph 2. There may not be paid a daily allowance, if unemployment is due to the training site.

(2). If the Member must be available during the training, the Member may be entitled to a daily allowance for a period of time between two parts of the educational process, even if the period is less than 4 weeks.

(3). A member may be available in a period of leave from an education. The Member must demonstrate that the Member keeps on leave from training. There may not be paid a daily allowance, if the leave period coincides with the training site vacation period, or if the leave period is not compatible with the structure of education and course.

Chapter 8 the Member's duty to disclose § 23. A member must disclose (a)-the box on its disposal, including the residential address, limitations in availability, job search, refusal of work and retirement.

(2). The Member must inform the unemployment insurance fund to participate in training.

(3). Member shall in his CV give adequate and correct information about previous employment, education, qualifications and other matters of importance to the job centre can assist the Member in finding work. The Member must also give the job centre and the a-box access to his CV on Jobnet.

(4). If a member does not within three weeks of signing up as a job-seeker has a verified CV, and this is due to the Member, the Member will not get per diem. Member can again get a daily allowance when the Member has a verified CV.

Obligations in connection with inspection visits




§ 24. When a member is antruffet in connection with an inspection visit, and the pension Agency estimates that there are doubts about the Member's available, sends the pension Agency a notice to the unemployment insurance fund. A-box must then immediately by written and personal message instruct a member to indicate the date from which the honourable Member want to get benefits.

(2). The Member may not get a daily allowance from the day on which the Member is requesting to the unemployment insurance fund. If the Member is aimed at a-checkout immediately after receipt of the communication and requests daily allowances from an earlier point in time, however, the Member can get per diems from the earlier point in time.

(3). Paragraph 2 shall not apply if the day on which the Member wishes to get a daily allowance of, is more than 14 days after the Member received notification in accordance with paragraph 1.

Chapter 9-call assessment § 25. Unemployment insurance fund must examine and assess a member's available, if there is doubt about availability for the labour market.

(2). A-box must take note of any information that may have an impact on the Member's right to receive unemployment benefit, including alerts from the job centre and information, which the member itself. If unemployment insurance fund determines that a member is available, a-checkout note its reasons for doing so.

section 26. Unemployment insurance fund shall, within each time that the Member has had 3 months of combined availability, assess the Member's available by a personal interview in the unemployment insurance fund, see. However, paragraphs 5 and 6.

(2). During the interview, after paragraph 1, unemployment insurance fund, as a minimum, ensure that 1) Member has made an effort to get out of unemployment by seeking work full time as full-time or part-time insured, including to Member has sought a sufficient number of jobs and been realistic in his job search, 2) Member has sought concrete job after imposition of the job centre, a-box or other player , 3) Member has complied with his job plan, 4) Member has participated in courses, offers and activities for which the Member is imposed, or which increases the opportunities for getting work, 5) Member has followed a-carton former cold cuts or guide, 6) Member's information in your résumé at any time are correct and complete, 7) member does not have medical problems that prevent the Member from taking over work full time as full-time or part-time insured and 8) there are no other actual or legal relationship, which prevents the Member from taking over work full time as full-time or part-time insured.

(3). Unemployment insurance fund shall for the purposes of assessing the Member's job search after (2). 1, starting with plan for job search and job applications, as the honourable Member has brought pursuant to section 10, paragraph 6. If the Member has sought jobs within the subject areas, where no payments are job in writing, must be able to explain orally Member for job search.

(4). If a member is working on set up time with additional daily subsistence allowance and have qualifications in an area where there is a shortage of manpower, the unemployment insurance fund by on-call the assessment under paragraph 1, provide the Member of a maximum of 4 weeks to document that the honourable Member seeks working full time as full-time or part-time insured within this area. A-box must then assess the Member's available, see. section 29, paragraph 2.

(5). A new 3-month-period referred to in article 6. (1) starting from the date on which the Member has had documented employment to the extent referred to in section 53, paragraph 2 or article 6 of the law on unemployment insurance, etc.

(6). If a member is subject to a less intensive effort, see. section 13, a-checkout does not assess the Member's available by a personal interview pursuant to paragraph 1, but upon contact with the Member in a different way, by telephone, by letter or digital. Unemployment Insurance Fund must be in assessing, as a minimum, ensure that the honourable Member is seeking and has tried reasonable and relevant work, including has sought concrete job after imposition of the job centre, a-box or another player. Unemployment insurance fund must also ensure that the Member's information in your résumé is relevant, accurate and complete.

§ 27. A-box must assess a member's available when the job centre notifying that the honourable Member has not complied with its obligations to the other player.

(2). Unemployment insurance fund must also assess a member's available when the job centre will send a reasoned request to that effect.

section 28. A-box must assess a member's available when the Member is 2 times has signed up sick in connection with job interviews, referral conversations or offers. Occupancy assessment shall thereafter be performed each time the Member must report sick in connection with the mentioned talks or deals, until Member provides evidence of having had employment to the extent referred to in section 53, paragraph 2 or article 6 of the law on unemployment insurance, etc.

section 29. If unemployment insurance fund in the assessment in accordance with §§ 25-28 will find that the honourable Member is available, but there is doubt, however, the Member's continued attachment to the labour market, the unemployment insurance fund make a maximum of 3 months to document his search for employment, see. § 10.

(2). After the deadline must be a-checkout assess the Member's available for the labour market. In this context, the Member shall submit all applications for employment in the period period. Unemployment insurance fund must take a decision against the Member, if unemployment insurance fund considers that Member will not be available for the labour market.

Chapter 10 loss of the right to receive unemployment benefit and working requirements of section 30. If a member is not considered to be available under section 18 and sections 25 to 29, the Member will not get per diem.

(2). A full-time insured member may again get a daily allowance when the Member has been reported 300 man hours in accordance with the law on the income register within a continuous period, covering 3 months by monthly reports or 276 hours in a continuous period, covering 12 weeks by week-or 14-day alerts, see. However, paragraph 4.

(3). A part-time insured member may again get a daily allowance when the Member has been reported 150 man hours in accordance with the law on the income register within a continuous period, covering 3 months by monthly reports or 138 hours within a continuous period, covering 12 weeks by week-or 14-day alerts, see. However, paragraph 4.

(4). For members in the periods in accordance with paragraphs 2 and 3 both have gotten reported salary for months and week-or 14-dagesvis, is the latest reporting determines which requirements, see løntime. paragraphs 2 and 3, the Member must meet. Statement of the periods is according to the principles set out in section 4 of the Consolidated Act on calculation of daily subsistence allowance for employees.

(5). A member may again get a daily allowance when the Member for at least 26 weeks continuously has driven self-employment on a scale that can be equated with paid work for over 30 hours per week. The Member may not at the same time have received public subsidy for the establishment and operation of self-employment.

(6). And loss of man hours in (2) and (3) is done under section 5 of the Ordinance on employment requirements for employees and benefit period. Only reported the man hours that relate to periods after the date on which the Member has lost the right to subsistence, without prejudice. (1) can be included in the inventory. Man hours in a reporting period may be taken into account on a proportional basis according to the principles set out in section 5 of the Ordinance on employment requirements for employees and benefit period.

(7). The period within which the claim in accordance with paragraphs 2 and 3 must be fulfilled, be extended, if in the period seems to illness or incapacity for work, maternity, holiday held in vacation law as well as public holidays and non-working days, which cannot be counted collectively agreed to statement of employment requirement in accordance with §§ 5-9 of the Employment Ordinance on requirements for employees and benefit period.

(8). The Member can get per diems again from the day of a reporting period in which the løntime requirement, see. paragraphs 2 and 3 are fulfilled.

(9). A member who is not available, because the Member has reserved its manpower for a specific employer or workplace, can again get a daily allowance, if the Member demonstrates that the cause of the lack of available is no longer present.

Paragraph 10. The Member can not meet the requirement referred to in paragraph 2 and 3 with hours from work of the character, there was reason for the unavailability, see. § 17.

section 31. The Director of injuries and the Director of the Pension agency may allow a member to go on early retirement or obtain an early retirement pension certificate, even if the Member cannot get subsistence allowances, because the Member has limited its available for the labour market to work within the scope of section 17, and the demand for work, see. section 30, is not met.

Chapter 11 entry into force, transitional measures, etc.

section 32. The notice shall enter into force on the 1. February 2012.1) (2). At the same time repealed Executive Order No. 179 of 19. February 2007 on available.

section 33. For members who have been recruited before 1 May 2004. March 2007, the first occupancy assessment under section 26, paragraph 1, but no later than happen after 6 months of aggregate unemployment.

(2). section 30, paragraph 2-4, paragraphs 6-8 and paragraph 10, shall apply to all work requirements are imposed for lack of available from 1st September. May 2011.

The national labour market authority, the 25. January 2012 Marie Hansen/Vibeke Dalbro



Annex 1 table of contents

Chapter 1:

Area and concepts, etc.

§ § 1-3

Chapter 2:

General occupancy conditions

sections 4-11

Domicile and residence

sections 4-5

Registration as a person seeking work

§ 6

Adoption of the work

sections 7-9

Job search and CV

§ 10

Consequences

§ 11

Chapter 3:

On-call obligation in special situations

§§ 12-15


Chapter 4:

Supplemental daily subsistence allowance and emancipation certificate

§ 16

Chapter 5:

Subject to the work force

§§ 17-18

Chapter 6:

Unavailability after a refusal or termination

§ 19

Chapter 7:

Training

sections 20-22

Chapter 8:

The Member's duty to disclose

§ § 23-24

Chapter 9:

Occupancy assessment

sections 25-29

Chapter 10:

Loss of the right to receive unemployment benefit and working requirements

§ § 30-31

Chapter 11:

Entry into force, transitional measures, etc.

§ § 32-33 official notes 1) prepare guidelines for the Ordinance.