Executive Order On An A-Treasury's Duty To Provide Guidance, Etc.

Original Language Title: Bekendtgørelse om en a-kasses pligt til at vejlede mv.

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Overview (table of contents)



Chapter 1



General duty of supervision





Chapter 2



Conversations





Chapter 3



Concrete guidance duty





Chapter 4



Other provisions





Chapter 5



Date of entry into force of



The full text of the Executive order on an a-Treasury's duty to provide guidance, etc.

Pursuant to section 65 (6) and (7) and section 91, paragraph 11, of the law on unemployment insurance, etc., see. lovbekendtgørelse nr. 838 of 4. July 2011, as amended by Act No. 912 of 13. July 2010, § 1 of lov nr. 1540 by 21. December 2010 and § 1 of lov nr. 1365 of 28. December 2011 shall be determined after negotiation with the Employment Council: Chapter 1 General guidance duty section 1. An unemployment insurance fund shall, to the extent necessary, provide guidance and assistance to members who notify comments on issues within a-box portfolio.

(2). Unemployment insurance fund must, as far as possible, send a written letter, which does not relate to the remit of the institution, to correct a-a-box or the managing authority.

§ 2. When a member becomes vacant, shall (a) inform the Member on-call obligation-Kit. Unemployment insurance fund shall inform that a member in order to be available for the labour market must be 1) enroll in the job centre from 1. available now, 2) create a relevant and comprehensive CV of Jobnet in 3 weeks, 3) be job seekers from 1. available today, including when the Member is participating in the offer, 4) could refer to reasonably work with day's notice from 1. available day, 5) maintain contact with and meet for talks in the job centre, a-box and the other player throughout the unemployment cycle and 6) participate in deals after the Act on an active employment efforts.

(2). Unemployment insurance fund must inform about the obligation to go on Jobnet at least once every 7. day as part of the job search and to confirm employment search. A-box must also inform about the consequences for the right to receive unemployment benefit, if the deadline to confirm the social search is not respected.

(3). Unemployment insurance fund must inform the Member about 1) 3-month deadline for submitting performance map, 2) in touch with the job centre, a-box and the other actor, 3) jobhenvisning, 4) labour market deals, and 5) opportunities for self-selected training.

(4). A-box must also inform that a member must submit a certificate of emancipation to the unemployment insurance fund, including on the special time limit for submitting the certificate, if the Member has or will have their working time with a notice period, and must have additional benefits.

§ 3. When a member becomes vacant, the a-box informing about the consequences for the right to receive unemployment benefit not to be available for the labour market. Unemployment insurance fund must, in addition, inform about the self-inflicted availability and the penalties attached thereto.

(2). Unemployment insurance fund must inform about that the same rules apply if a member does not want to contribute to meetings, activities and deals with another actor at the job centre.

§ 4. A-box must provide information, see. § 2 and § 3, to all members, as the a-box places in a daily allowance period.

(2). Information must be given in writing, e.g. by dispensing of comprehensive information material.

§ 5. Unemployment insurance fund shall at the latest in connection with the request for guidance, see the conversation. § 9, 1) inform the Member about the requirements for active job search, 2) ask Member to bring examples of job applications or of being able to explain oral applications to the conversation, and 3) Note how instructions are implemented and the content of the Guide, see. section 32 (2).

(A)-obligation to provide information about funds options, etc.



§ 6. An unemployment insurance fund shall each year, not later than the end of the 1. quarter 1) by mail or in member magazines transmit information about a-funds administrative contributions, service offerings, etc. and on the possibilities for the election of the unemployment insurance fund, as is evident from the overview thereof, prepared by the Pension Agency, or 2) otherwise in writing, clearly inform that these summaries can be found on the Pension Agency's website www.penst.dk.

Digital registration



§ 7. Unemployment insurance fund must assist a member with digital registration and cancellation, if the Member so requests.

Chapter 2 Conversations CV-the conversation



§ 8. Unemployment insurance fund shall within 3 weeks after the Member's registration as a person seeking work keep a CV-conversation with the Member in a box, where unemployment insurance fund assists the Member to create a relevant, accurate and complete CV in Jobnet, see. However, section 11.

(2). A-box must also 1) provide guidance on job opportunities, and 2) help to clarify the unemployed person's competencies, job opportunities, potential need for career change and wider job search.

(3). Unemployment insurance fund must help the Member to put information into the resume, if the Member so requests.

Guidance interview



§ 9. Unemployment insurance fund shall, within 4 weeks after the Member's registration as a person seeking work keep an instructional conversation with the Member in a box, see. However, section 11, where a-checkout supervisor stating the rights and obligations and shall ensure that the Member is aware of the information that is given in accordance with § 2 and § 3.

(2). A-box must in instructional conversation, 1) browse through the Member's job applications for the purpose of specific guidance and clarification of Member's continued job search, 2) prepare a written plan for job search and provide it to the honourable Member, and 3) to inform the honourable Member a) Member for a subsequent on-call conversation must be able to give an account of his job search, including carry a number of job applications, respectively, could explain the oral applications, and (b)) to the a-box occupancy assessment will be based on the level of job search and brought with job applications.

(3). A-box must also advise that Member must undergo a systematic referral course, if Member does not receive a referral in ordinary work. Unemployment insurance fund shall provide guidance on what a systematic referral course involves.

(4). A-box must provide guidance to a member on the rights and duties of the Member when the Member has been given an offer or prepared a job plan.

(5). A-box must provide guidance to a member who turns 60 this year, though, that the honourable Member after a total of 6 months of availability has both the right and the duty to receive offers after law on an active employment efforts.

§ 10. The call for an interview in the unemployment insurance fund under section 8 and section 9 shall be made in writing and in person. If a member is unable to get to the conversation, the unemployment insurance fund as soon as possible in writing and personally summon the Member to a new conversation. If unemployment insurance fund must keep in touch with the honourable Member in other ways, by telephone, or by mail, see digital. § 11, must the Member in writing and personally informed thereof.

Less intensive effort



§ 11. If a member is subject to the trials of 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, unemployment insurance fund must not keep a CV-conversation, see. § 8, with Member in the unemployment insurance fund, unless the Member requests. A-box must instead when you contact the Member by telephone, digital or by letter to make sure that the honourable Member has created an appropriate, proper and complete CV in Jobnet and, where appropriate, assist the Member hereby. Unemployment insurance fund must advise the Member on duty to seek reasonable and relevant work, see. section 13 of the Ordinance if available, as well as provide guidance about which work, it will be appropriate for the Member to search.

(2). Unemployment insurance fund should not hold an instructional conversation, see. § 9, with Member in the unemployment insurance fund, unless the Member requests. A-box must instead when you contact the Member by telephone, digital or by letter to ensure that the Member is aware of its rights and obligations, including with the information that is given in accordance with § 2 and § 3. Unemployment insurance fund must advise that the honourable Member has a duty to seek reasonable and relevant work, see. section 13 of the Ordinance on available including has the obligation to apply concrete job after imposition of the job centre, a-box and the other actor, and the unemployment insurance fund will assess the Member's available in relation thereto.

On-call conversations



§ 12. Unemployment insurance fund shall in connection with the systematic availability assessments every 3. month guide about rights and duties, when unemployment insurance fund becomes aware that the Member need it, see. § 2 and § 3.

(2). Assesses the unemployment insurance fund in connection with an on-call's assessment, the Member can improve his job search, unemployment insurance fund to provide guidance on how the job search can be improved.

(3). Unemployment insurance fund shall in connection with a conversation about the Member's available also, 1) revise plan for job search and provide it to the honourable Member, 2) inform the honourable Member a) Member for a subsequent on-call conversation must be able to give an account of his job search, including carry a number of job applications, respectively, could explain the oral applications, (b)) to the a-box occupancy assessment will be based on the level of job search and brought with job applications and (c)) that the unemployment insurance fund, the job centre or other actor may require the Member to search specific job.

Chapter 3 Concrete guidance CLE activation or training for unemployed members under 30 years



§ 13. Unemployment insurance fund must guide an available Member under the age of 30 on the special duty of activation, see. section 85, paragraph 1, of the Act on an active employment efforts.


(2). Unemployment insurance fund must guide an available Member under the age of 25, as covered by section 21 (b) of the Act on an active employment efforts, to the job centre can provide a cold cuts for a Studio or a qualifying education.

(3). Unemployment insurance fund shall in connection with a conversation about the Member's available also provide guidance on the right to unemployment benefits and sanctions, if the young person referred to in article 6. paragraph 2, without good reason, refuses to help or follow up on a training cold cuts or fails to appear, declines or ceases in a training on the basis of a training cold cuts.

Temporary-Job Rotation



§ 14. Unemployment insurance fund must guide a free Member who will be employed as a temporary worker in a job rotation position, whether that employment cannot be taken into account to meet the employment requirement, and whether that refusal and termination of engagement can lead to penalties in accordance with the same rules that apply to ordinary work.

Supplemental daily subsistence allowance



§ 15. When a fund becomes aware that an available member working on the set up time, it shall immediately advise the Member on the conditions for obtaining additional daily allowances, including those relating to the deadline for submitting evidence that work can be taken over with a day's notice.

(2). Unemployment insurance fund should also provide guidance to a member who receives the supplementary daily allowance, that Member must seek work full time as full-time or part-time insured.

(3). If a member, in accordance with article 3. (2) has qualifications in an area where there is a shortage of manpower, the unemployment insurance fund also provide guidance on that Member within a period of not more than 4 weeks should prove that the honourable Member seeks working full time as full-time or part-time insured within this area.

(4). Unemployment insurance fund shall in good time before the limited period of entitlement to the supplementary daily allowance expires, informing the Member accordingly.

Teaching



§ 16. When an available Member informs that Member will participate in teaching with the right to receive unemployment benefit, unemployment insurance fund to provide guidance about the obligation to be available for the labour market.

Abroad



§ 17. When a member informs that concerned is considering to travel abroad, including Greenland and the Faroe Islands, to seek or take over the work, a-box guide about what working abroad means for subsistence and the right to early retirement.

(2). At the resumption of a Danish Fund after stay in another EEA Member State, in Switzerland or on the Faroe Islands, a-box guide about the possibility after paying contributions for pension insurance period in the other country, if the Member has the opportunity to obtain the right to early retirement.

Migration and status change for recent graduates



§ 18. When a recent graduate member within 2 weeks after the training is completed requesting for an unemployment fund to be transferred or to switch status to alumni, a-box guide about the difference between being migrated as graduation or with current rights. Unemployment insurance fund should provide guidance on the size of the graduation rate and the Member's current rights, including in particular the size of the daily subsistence allowance, and the duration of daily allowance period. Please refer to the notice of transfer between a-boxes.

Recording-employment with public grants



§ 19. When a person seeking admission as a member on the basis of employment, which granted public subsidies for wages, or employment by self-employed persons, to which the public subsidizes the construction and operation, a-box guide about that employment cannot be taken into account to meet the employment requirement set out in section 53 of the Act on unemployment insurance, etc.

Self-employment employment requirement



§ 20. A-box must provide guidance to a member, who operates an independent company, that the right to subsistence allowance requires that the company has been driven substantially. That is to say, employment in the self-employed must have had a scale that can be equated with paid work for over 30 hours per week. Guidance to this effect shall be made in the following cases: 1) When a person seeking admission on the basis of self-employment.

2) when a member has been moved to a different unemployment insurance fund on the basis of self-employment.

3) When an unemployment fund for both employees and the self-employed will be aware that a member switch or has changed its status from an employee to a self-employed person.

(2). If a member has been admitted on the basis of operation of self-employment on the Faroe Islands or to Greenland, a-box Guide for that membership will be brought to an end after six years if not before then on new Member's place of residence and stay in Denmark.

Sideline from self-employment



§ 21. When an available Member informs that the Member is self-employed as a sideline, a-box guide on the special stand-by commitment, the rules on deduction of allowances, and about the limited period of entitlement to daily allowances.

(2). Unemployment insurance fund shall in good time before the limited period with the right to receive unemployment benefit expires, informing the Member accordingly.

Part time insurance



§ 22. When a person seeking to be admitted or transferred as part-time insured member, a-box guide as to when the Member has the right and the duty to switch from part-time to full-time insured.

(2). When a fund becomes aware that a Member wishes to switch to part-time insurance, unemployment insurance fund to provide guidance about what impact a change of insurance status can get, if the Member later apply for daily subsistence allowance or pre-retirement benefit.

Social pension



§ 23. When a fund becomes aware that a municipality will begin a case relating to the allocation of social pension to an available Member who receives benefits from the unemployment insurance fund, or that the Member will receive social pensions, a-box Guide for on-call obligation and of the limited period of entitlement to daily allowances. Unemployment insurance fund should also provide guidance on that special rules apply concerning the right to other benefits from an unemployment insurance fund.

(2). Unemployment insurance fund shall in good time before the limited period with the right to receive unemployment benefit expires, informing the Member accordingly.

Expiration of the right to a daily allowance



§ 24. When an available Member is no longer entitled to benefits because the period of entitlement to the subsistence allowance expires, the unemployment insurance fund to provide guidance on how the Member gets the right to benefits again.

(2). A-box must only provide guidance to a member in accordance with paragraph 1, who currently receive benefits from the unemployment insurance fund. The instructions shall be given in good time, before the right to receive unemployment benefit expires.

(3). If a member after the expiration of the period of entitlement to daily allowances are released to get benefits under the existing section 55, paragraph 2, of the Act amending the unemployment insurance, etc., see. section 6 of the law No. 1540 by 20. December 2006 on unemployment insurance, etc., a-box guide Member rights and obligations in the performance period.

(4). A-box must provide guidance to a member on the conditions, the possibilities and limits for an older worker job. There must be instructed that it is possible to pass to the early retirement scheme from an older worker job, and that the Member must be available to work during recruitment. ordinary referred

(5). If a member has the opportunity to go on early retirement at the expiry of the right to benefits, the unemployment insurance fund in good time before guiding the honourable Member that it is a condition for transition to retirement that is sought in writing, before entitlement to benefits expiring. This also applies to members covered by paragraph 3.

Information for pre-retirement proof



§ 25. If a box is missing information from the Member in order to be able to grant early retirement certificate, a-box in his letter to the honourable Member about this to remind you that if the time limit of 3 months are not respected, will be issued with a certificate later the early retirement date and the importance thereof.

Early retirement contribution



section 26. A-box must provide guidance to its members on the conditions for entitlement to redundancy pay in accordance with the provisions of the Ordinance for the payment of Member-and early retirement contributions to an unemployment insurance fund.

(2). A-box to guide members to his or her age is covered by article 74 (a), paragraph 1, concerning the payment of pension contributions must be started at the latest by the age of 30. years, to early retirement contributions must be paid in total in 30 years to be able to go on early retirement, and to the Member of your choice can hospitalize breaks in contribution payment.

(3). Unemployment insurance fund must, before the end of 2008 to guide those members covered by paragraph 74 (a), paragraph 4, and that before 1 January 2002. January 2008 have paid pension contributions before the age of 35. This year, about the possibility of getting early retirement contribution-free periods after § 74 (a), paragraph 5. A-box must assess and provide guidance on the length of the contributory period, and about that period can be divided into several bidragsfri periods.

The withdrawal scheme



§ 27. A a-box during the registration process for the early retirement scheme should provide guidance to a member who has been a member of an unemployment fund, without interruption from the 1. January 1997 or from the 24. year, see. section 75 of the Act, and as may be allowed for early retirement under section 74 (a), paragraph 4, of the Act, but later than the applicable early retirement age, about the possibility of obtaining the right to pre-retirement benefit from pre-retirement age pursuant to section 75 of the Act, and the consequences of that choice.

Arrears and resignation



section 28. When a member comes in arrears with the payment of membership fees, a-box guide about the impact a possible removal from the register can get for an eventual right to benefits, including the right to early retirement.

(2). When a fund gets a member request to be reported out of the unemployment insurance fund, it must advise the honourable Member, what is the significance of resignation can get for a subsequent entitlement to benefits, including the right to early retirement.


(3). In an unemployment insurance fund sets a member for removal from the register under section 86, paragraph 9, of the law on unemployment insurance, etc., it must be in a reminder to guide Member that non-payment will result in removal from the register as a member of the unemployment insurance fund. It must be explained, what is the significance of a cancellation will have on a future entitlement to benefits.

(4). When a member who pays the pension contribution, want to secede from the unemployment insurance fund due to visitation to a Flex job after law on an active employment efforts, a-box guide that a resignation and opting out of early retirement contributed before the 1. in the month following the visitation to a Flex job, may have consequences for the right to fleksydelse.

After payment and resumption



section 29. When an unemployment fund decides that a member is not entitled to benefits, or member shall have a quarantine for fraud, a-box guide on the conditions for entitlement to the payment of benefits, if the decision after possibly later may be modified by injuries, the pension agency or Reviewing Agency's Employment Committee.

(2). When an unemployment fund decides that a member is to be deleted for fraud, a-checkout guiding Member on the conditions to be resumed. Unemployment insurance fund should also provide guidance on that resume at the earliest can happen from the time that the unemployment insurance fund has received an application for admission.

section 30. Instructions in accordance with §§ 13-29 can be made in writing.

(2). Unemployment insurance fund also offers the Member a personal interview.

Chapter 4 other provisions section 31. A member must contribute to the provision of the information, as the unemployment insurance fund need to be able to fulfil its duty to provide guidance, etc.

section 32. A-box must take note of any information that may have an impact on the instructions of the Member, including the information which the honourable Member even gives the meaning. section 31.

(2). A-box must take note of what the honourable Member has been informed and guided about after the announcement.

section 33. Unemployment insurance fund must give the job centre 1) Information about the date of a member's participation in instructional conversation in the unemployment insurance fund, see. § 9, or for a-box Guide by the Member at the second contact, see. section 11, paragraph 2.

2) Information which is of importance for the jobcenterets action against the Member, and which has emerged during the meeting or during later meetings and activities in the unemployment insurance fund.

3) Information about who is the Member's contact in the unemployment insurance fund.

§ 34. Unemployment insurance fund shall keep the information referred to in article 6. sections 32 and 33.

section 35. A-box must ensure the necessary documentation for the administration of the rules of this order.

(2). Requirements of reimbursement lapses, and paid shall be refunded, if a-checkout not on request submit documentation in accordance with the rules set out in the notice referred to in article 6. section 79, paragraph 3, of the law on unemployment insurance, etc.

Chapter 5 date of entry into force of § 36. The notice shall enter into force on the 1. February 2012.1) (2). Executive Order No. 177 of 19. February 2007 on a a-Treasury's duty to provide guidance, etc. shall be repealed.

The national labour market authority, the 25. January 2012 Marie Hansen/Vibeke Dalbro Official notes 1) prepare guidelines for the Ordinance.

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