Ordinance On Per Diem Allowance For 1., 2. And (3). Ledighedsdag (G-Days)

Original Language Title: Bekendtgørelse om dagpengegodtgørelse for 1., 2. og 3. ledighedsdag (G-dage)

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Overview (table of contents)



Annex 1



The employer's information in connection with the payment of subsistence allowance for 1., 2. and (3). ledighedsdag of the basic regulation. unemployment insurance law § 90 (a)


The full text of the Ordinance on per diem allowance for 1., 2. and (3). ledighedsdag (G-days)

Under section 84, paragraph 10, section 90 a, paragraph 3, article 91, paragraph 3, section 101 and 102 of the law on unemployment insurance, etc., see. lovbekendtgørelse nr. 832 of 7. July 2015, and after negotiation with the Council shall be established under the authority of employment: § 1. ' G-days ' for the purposes of this Ordinance 1., 2. and (3). ledighedsdag. ' (G) one-day ' is one ledighedsdag.

(2). An employer shall pay the per diem allowance for 1., 2. and (3). ledighedsdag to a member of an unemployment fund, Member 1) has been employed as a wage earner, and 2), the Member shall be returned or have a cessation as a result of the dismissal, termination of employment, termination of task specific point-in-time employment, temporary work and the like.

(3). At retirement, for the purposes of this Ordinance, the employer no longer has the obligation to pay wages, and the Member no longer has an obligation to perform work for the employer. There is also a cessation, if the employer and the Member is released from the employment relationship for a period of time, after which the employment relationship is resumed.

(4). An employer must pay for G-day, if the Member within the last 4 weeks in total have been employed with the employer in an amount corresponding to the full contractual working time in 2 weeks. If a member working time cannot be regarded as control label, working hours in a week shall be calculated according to the rules laid down to that effect in the notice on the supplementary daily allowance.

(5). The period of employment must be in, see. paragraph 4, be extended backwards, if in the period's absence, e.g. due to illness, vacation, holidays, public holidays, conflict or contractual participation in course as part of the hiring process.

(6). For members, where the employment relationship has had a duration of less than 3 months, the employer shall not pay daily subsistence allowance. In 2015-2016, however, the employer pays per diem allowance for 1. and 2. ledighedsdag, and in 2017 pays the employer 1. ledighedsdag by the conditions of employment under 3 months (7). An employer must not more than pay for a G-day 16 times to the same Member in a calendar year. Herein included payments for those times where the employer only has to pay for half a G-day.

(8). Payment for a G-day is A-income. There must not be calculated holiday allowance, labour market contribution deducted or ATP of the payment for a G-day.





§ 2. A member G-3 days are the first regular working days after the Member is terminated, if the Member has been in full employment on the date of termination of employment. If the Member has not been in full employment on that day and have not had full contractual working time in the calendar week, the day of termination of employment 1. ledighedsdag.



Availability, etc.









§ 3. An employer must pay 7.4/37 of the highest daily allowance for a week, see. section 47 of the law on unemployment insurance, etc., per G-day to a member who is available for over 4 hours on G-day. If the Member is available in 4 hours or less on G-day, constitute payment half of the amounts referred to in annex IX. However, § 4.



Repatriation









§ 4. An employer must pay for half a G-day, if a member is repatriated in 4 hours or less. If a member is sent home for more than 4 hours but not more than 7.4 hours, should an employer pay for a full G-day. If a member is repatriated in more than 7.4 hours, but not more than 11.4 hours, should an employer pay for a whole and half a G-day. If a member is repatriated in more than 11.4 hours, but not more than 14.8 hours should an employer pay for 2 whole G-days. If a member is repatriated in more than 14.8 hours, but not more than 18.8 hours, should an employer pay 2 whole and half a G-days. If a member is repatriated in more than 18.8 hours, should an employer pay 3 entire G-days. When a member is repatriated, an employer may not, however, pay for more than one G-day per working day for the same return.

(2). An employer must not pay for G-days, when a member is repatriated, Member 1) is a full-time insured and in the calendar week have had full contractual working time with the employer, or 2) is part-time insured and in the calendar week have had employment for 30 hours with the employer.



Division of labour









§ 5. An employer must pay for G-days, if a member is the subject of a division of labour. The payment represents 7.4/37 of the highest daily allowance for a week per G-day-per-reviewed or accepted division of labour.



The avoidable reasons, etc.









§ 6. An employer must not pay for G-days to a member when the Member prior to cessation of employment declines 1) a written offer of continued employment corresponding to the collectively agreed wages and conditions of employment with the same employer, 2) the employer is unable to pay due to insolvency or restructuring under the supervision of the bankruptcy court, 3) dismissal/termination of work mainly due to Member, 4) working the termination is due to strike or lockout at the company , or if the working end is necessary as a result of strike or lockout at another company, 5) employment termination due to force majeure, 6) member is in full employment with another employer on G-days, 7) member in connection to the cessation of employment receive sickness benefit or a daily allowance during the first 14 days of sickness or holiday days, at the G-8) member is official and pass to rådighedsløn , or 9) Member has been employed with the public subsidy for salary in accordance with the Act on an active employment efforts.

(2). There must not be paid for G-days for a member, as are party fishing. At a party for the purposes of this Ordinance a fisherman fishing that has been paid with a share of the net profit and as 1) either not fishing with their own tools, and/or 2) is not a co-owner of the boat, which the Member is working on.



Faith and love Declaration and payment time









§ 7. The employer may within 14 days after the Member is terminated, ask the Member to provide a Declaration on their honour stating that the Member has not had full employment, have gotten sick pay, receive a daily allowance during the first 14 days of illness or has kept holiday on G-day.

(2). The Member's right to payment for G-days lapse, if the Declaration is not given to the employer no later than 14 days after the employer has asked about this.





§ 8. An employer must pay for G-days as soon as possible, but no later than at the company's 2. salary payment, either after the Member's retirement, repatriation etc., or after the Member has given a statement of faith and love.



Accountability









§ 9. An employer must disclose on payslip for payment for G-days from the time when the first time in a calendar year will be paid to the Member. It must appear on the payslip, how many times in a calendar year, the employer has paid for a G-day.

(2). When a member becomes vacant or repatriated, etc.., and which are not fully paid for G-days, the employer must inform the Member in writing of the reason for this.

(3). The employer can provide information on wage slips or on a statement, see. the annex. The information must be provided either within one week after the Member is terminated, or no later than one week after the Member has had to provide a Declaration on their honour.

(4). The employer must give a-checkout information for the purpose of assessing whether there is to be paid for G-days, when a box asking for it.



Decision of questions









§ 10. One Member and an employer has the right to appeal against Agency's Employment Committee to adjudicate in disputes concerning payment of G-days.

(2). The reviewing Agency's Employment Committee will inform the parties and the Member's unemployment insurance fund that the matter will be dealt with. Unemployment insurance fund will not be able to put the payment out of the G-days pursuant to section 11 of the basic regulation. However, section 11, paragraph 4.



Non-payment









§ 11. A member's unemployment insurance fund to help Member with to get an employer to pay for G-day, if the employer does not pay on time 1) of the basic regulation. sections 7 and 8, 2) Member asking the unemployment insurance fund for help, and 3) unemployment insurance fund finds that the Member has no doubt right to payment.

(2). Unemployment insurance fund shall send a reasoned request to the employer to pay to the Member within 14 days after receipt of the request. If the employer does not pay on time, and unemployment insurance fund continues to believe that the claim is justified, the unemployment insurance fund amount for the employer to the Member.

(3). While unemployment insurance fund puts the amount out, sends a-box case with a reasoned recommendation to appeal Agency's Employment Committee, acting in the matter. The Employment Committee's decision must be sent to the employer, the Member of the Board of the labour market and Recruitment and the unemployment insurance fund.

(4). If an employer shall bring a questions, see. § 10, after that the unemployment insurance fund has put an amount out, should the complaint be dealt with together with the Danish Medicines Agency's Employment Committee of Appeal a-box option.


(5). Find Anke Agency's Employment Committee, that Member shall be entitled to payment for G-days, the employer must pay the amount to the Agency for labour market and Recruitment within 4 weeks after receipt of the decision. Have not gotten the amount for the time, the Agency can demand sent to delinquent collection authority, who shall recover the amount of a fee to the Agency and arrears recovery authority cost of recovery.



Fees









§ 12. The party does not receive an injunction in the Appeals Committee of the Employment Agency's doubts, see. sections 10 and 11, pays a fee of 200 subsequent USD Fee payable to the Committee on employment and Social Affairs within 4 weeks after the decision was sent to the parties.

(2). If the Appeals Committee at the Employment Agency's treatment of the questions under section 11 shall, the employer must pay for G-days, and payment to the Agency for labour market and Recruitment does not take place within the in section 11 (5) of the specified period, the employer must pay a fee of DKK 1,000 to the Agency.



Penalty









§ 13. An employer who either don't pay for G-day, see. § 1, or does not comply with its duty to disclose, without prejudice. § 9, be punished by a fine, without prejudice to article. Sections 101 and 102 of the law on unemployment insurance, etc.

(2). That can be imposed on companies, etc. (legal persons) criminal liability in accordance with the provisions of the criminal code 5. Chapter.



Entry into force, etc.









§ 14. The notice shall enter into force on 14 July. September 20151).

(2). At the same time repealed Executive Order No. 674 of 30. June 2009 about daily subsistence allowance for 1., 2. and (3). ledighedsdag (G-days).

Agency for labour market and recruitment, the 4. September 2015 Morten Binds/Kirsten Brix Pedersen



Annex 1 the employer's information in connection with the payment of subsistence allowance for 1., 2. and (3). ledighedsdag of the basic regulation. unemployment insurance law § 90 (a)



Member's name:



 





Cpr No.:



 

 

 

 

 

 

 

 

 

 

 



 





Have they brought, or do you intend to bring a questions for Reviewing Agency's Employment Committee?





 



 



Yes





 



No





 

 







Employment requirement











1: the honourable Member has put together within the last 4 weeks prior to termination either been in employment in work 74 hours, or the equivalent of full contractual working time in 2 weeks within the subject:





 



Yes





 



No (if no, PT. 2-8 are not answered. Remember to sign the annex)





 

 







2: Have the employment relationship had a duration of 3 months or more?





 



Yes





 



No (If no, please hire date shall be indicated, and paragraph 3-8 must still be answered until 2018). Remember to sign the annex)







Date:





 







Payments for per diem allowances











3: number of times which the Member received payment for:





 



The entire per diem allowances





 



Half the daily subsistence allowances





 

 







Dismissal











4: the Member was dismissed, has ended in the task or time-specific composition or similar:







Date of termination:



 

 

 

 

 

 

 

 

 

 

 

 

 

 



 

 

 

 

 

 

 

 

 

 

 

 

 

 

 







5: Member was available more than 4 hours on the day of termination of employment and/or the following days:





 



Yes





 



No





 







6: the Member was after full employment on the termination day availability 4 hours or less per day on 1. ledighedsdag and/or the following days:





 



Yes





 



No





 

 







Repatriation











7: number of return hours:





 



Member has been repatriated in 4 hours or less.





 



Member has been sent home for more than 4 hours but not more than 7.4 hours per day.





 



Member has been sent home for more than 7.4 hours, but not more than 11.4 hours.





 



Member has been sent home for more than 11.4 hours, but not more than 14.8 hours.





 



Member has been sent home for more than 14.8 hours, but not more than 18.8 hours.





 



Member has been sent home for more than 18.4 hours.





 

 







Not paid daily subsistence allowance











8: the Member did not receive subsistence allowance:





 



because the Member has declined in writing offer of continued employment





 



because the bankruptcy or receivership has prevented payment





 



because the dismissal essentially attributable to the Member





 



because the honourable Member on 1., 2. or 3. ledighedsdag has achieved full employment with another employer





 



because the Member was sent home and in calendar week achieved full contractual working time (for deltidsforsikrede however, minimum 30 hours) with the same employer





 



because the termination was due to strike or lockout at the company or was necessitated by the strike or lockout at another company





 



because the termination was due to force majeure





 




because the honourable Member on 1., 2. or 3. ledighedsdag have received sickness benefit or a daily allowance during the first 14 days of illness or have held holiday





 



because the Member has been in employment, qualifying for public subsidy for salary after law on an active employment efforts





 



because the Member has been employed as a civil servant and released for rådighedsløn





 



for other reasons:





 

 





Any comments:



 





The



 





Employer's signature:



 





Workplace name:



 





Address:



 





Phone number:



 







Official notes 1) prepare guidelines for the Ordinance.

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