Parliament Act No. 2 Of 15 May 2014 On Labor Market Performance

Original Language Title: Inatsisartutlov nr. 2 af 15. maj 2014 om arbejdsmarkedsydelse

Read the untranslated law here: https://www.global-regulation.com/law/greenland/5961097/inatsisartutlov-nr.-2-af-15.-maj-2014-om-arbejdsmarkedsydelse.html

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Parliament Act no. 2 of 15 May 2014 on labor market performance

Modified repeals, hovedlov replaces information

Aside
Landsting Regulation no. 7 of 20 November 2006 amending the county regulation on labor market performance (Correction of technical deficiencies)
Landsting Regulation no. 5 of 1 June 2006 on labor market performance

Chapter 1
Definitions
§ 1. For self-inflicted unemployment mean that a person without reasonable terminates or leave their job or is dismissed due to their own circumstances. The municipal council determines whether the applicant is self-induced unemployment.
§ 2. As employees are considered persons under the agreement or arrangement is employed by an employer, which is subject to its instructions.
§ 3. Work is considered the person who, without limitation, may take on full-time work or instructed upgrading offers, because the person considered available for work.
§ 4. The downtime means stopping of production, because of lack of raw materials, mechanical damage, weather conditions or other unforeseen circumstances and consequent repatriation of employees. The rules on repatriation shall apply exclusively by land-based production.

Chapter 2
General requirements
§ 5. Labour market support granted to employees as compensation for loss of income because of involuntary unemployment, repatriation or disease.
§ 6. The local authority pays the social allowance when a vacant, repatriated or ill person turning to the municipal council meets the requirements of Chapter 3 or Chapter 4, and also meets the following conditions:

1) 18 years of age or are dependents

2) is registered with the police in Greenland, and

3) the last 13 weeks, worked as an employee and during this period has had at least 182 hours of employment. Periods of labor market performance do not count as earned employment.
Subsection. 2. Persons who are repatriated due to production stoppage and the consequences thereof, which are available for work or qualification are entitled to labor market performance in accordance with this Act. Repatriation shall be documented in writing by the employer. The written documentation may be sent electronically.
Subsection. 3. Issuer an employer knowingly or recklessly false documentation for repatriation leading to the wrongful payment of labor market performance, the local charge an amount equal to the paid labor market performance from the employer.
Subsection. 4. The scheme does not apply to the returnees who receive wages or other income of repatriation due to downtime.
Subsection. 5. Decision on the applicant meets the requirements of this provision shall be taken by the municipal council.
§ 7. Available, demobilized or sick who receive some form of public service which replaces an income, or is placed in an institution during the probation service or social services, are not eligible for social benefits.

Chapter 3
Labour market support during unemployment and repatriation
§ 8. Available and demobilized, which caters to the local council has the right guidance.
Subsection. 2. The municipal council in consultation with the unemployed or repatriated an individual action plan, referred to. However paragraph. 4.
Subsection. 3. The action plan shall include one or more of the following elements:

1) Guidance on work opportunities or skills upgrading, retraining or education opportunities.

2) The authorization of work.

3) The authorization of municipal launched activation or job offers.

4) The authorization of upgrading courses.
Subsection. 4. sent home after § 4 shall not be personalized action plans, if repatriation is maximum of 14 days.
Subsection. 5. The individual action plan to follow the free or repatriated when it is transferred to receive benefits under other legislation, which also require individual action plans or requirements for rehabilitation plans. In this case, the individual action plan or rehabilitation plan under other legislation be based on the already developed individual action plan.
Subsection. 6. The action plan must be reviewed and adjusted as necessary.
Subsection. 7. The Government may lay down detailed rules on the preparation of individual action plans for applicants for social performance.
§ 9. Under availability or repatriation paid labor market performance from the first henvendelsesdag since the dismissal or unemployment occurs.
Subsection. 2. Labour market performance can be provided for a total of 13 weeks.
Subsection. 3. The employment allowance shall be subject to:

1) the free or returnees are fit for work and available for work, and


2) unemployment has not self-inflicted, see. § 1.
Subsection. 4. Have the recipient of labor market performance in the period when received labor market performance had a few days of earned income, reduced labor market performance. Whichever is most favorable for the recipient of labor market performance, they can choose to reduce labor market performance with:

1) the number of days where there has been a wage or salary, or

2) with the amount paid.
Subsection. 5. The Greenland Government may lay down specific rules on disposal obligation for applicants to the labor market performance.

Chapter 4
Labour market support during illness
§ 10. A person can receive labor market performance during illness, incapacitating. The person must notify the local council that the person is temporarily not available for work.
Subsection. 2. During illness paid labor market performance from the third day of illness. For unemployed and demobilized already receiving labor market performance continues payment of labor market performance without interruption.
Subsection. 3. If the illness lasts 2 weeks or more, or is caused by an industrial injury benefit will be paid, however, from the first day of illness. Payment of social benefits upon workers can happen in periods of illness in the immediate extension of the industrial injury performance.
Subsection. 4. The beneficiary of the labor market performance has a duty to notify the local council as soon as the period of illness is over.
Subsection. 5. Labour market performance can be provided for a total of 13 weeks.
§ 11. In case of illness for more than 3 weeks or at frequent sick leave of short duration, the local council will assess whether the person shall be transferred to receive some kind of help.
§ 12. The municipal council may require the recipient of social grants show a medical certificate.
Subsection. 2. Costs of medical certificate, see. Paragraph. 1, organized by the local council.

Chapter 5
Quarantine regulations
§ 13. The municipal council may decide to 4-week quarantine for payment of labor-market benefit if a vacancy or repatriated:

1) refuse to participate in drawing up an individual action plan, see. § 8 paragraph. 2

2) refusing to take on the assigned work without a valid reason,

3) fails to appear for assigned work without a valid reason,

4) will be absent from the agreed offer of activation, employment or qualification without valid reason or

5) fails to quickly sign up immediately after illness.
Subsection. 2. A repatriation is obliged to take a job offer, even if this leads to an existing employment relationship may be terminated.
Subsection. 3. When the quarantine period, see. Paragraph. 1 has ended, the unemployed or repatriated be eligible for social benefit only if the requirements of § 6 paragraph. 1 and 2 and § 9 paragraph. 3 are met.
Subsection. 4. If a vacancy or repatriated after the quarantine period continuation or neglect in paragraph. 1 duties listed are considered relevant for not being available for work, with the result that the right of labor market performance is lost.

Chapter 6

Arbejdsmarkedsydelsens size and payment
§ 14. Labour market support is paid at a fixed rate per hour, which is 90% of the minimum wage for an unskilled worker by agreement between SIK and Naalakkersuisut, see. Paragraph. 3.
Subsection. 2. Labour market performance is calculated based on the number of hours that the employee has been employed within the last 13 weeks and is paid in arrears every 14 days to a maximum of 40 hours per week.
Subsection. 3. The Government publishes the tariff for hourly payment in accordance with paragraphs. 1 as early as possible after changes to the Agreement between the Government of Greenland and SIK.
Subsection. 4. New charges for hourly payment takes effect from the first Monday following its publication.

Chapter 7
Disclosure and repayment
§ 15. The recipient of labor market performance are required to notify the local council if changes in his personal circumstances that may lead to labor market performance reduced, terminated or recovered.
Subsection. 2. The local authority may, if other legislation is not precluded, obtain information from other authorities to assess whether there are circumstances that the recipient of labor market performance are no longer entitled to receive social benefits.
§ 16. The municipal council decides on repayment when a person receiving social allowance paid a substitute or similar covering the same period and the same purpose as the paid labor market performance.

§ 17. The municipal council may decide on reimbursement, when a person has failed to provide information as required by § 15 paragraph. 1, or otherwise knowingly wrongly obtained labor market performance.

Chapter 8
Finance and Administration
§ 18. The expenses under this Act shall be borne by the local councils.
Subsection. 2. Labour allowance is paid by the municipal council in the municipality where the employee is registered.
Subsection. 3. vacates a vacant or sent home a municipality after having started an individual action plan, the receiving municipality obtain the unemployed or sent home individual action plan from vacating the municipality and adapt it as necessary when the free or repatriated caters to the receiving municipality. Vacating the municipality must submit the individual action plan immediately after receipt of the request by the receiving municipality.

Chapter 9
Appeals
§ 19. The municipal council's decisions pursuant to § 1, § 6, paragraph. 5, § 13 paragraph. 1 and §§ 16 and 17 may be appealed to the Social Appeals Board.
Subsection. 2. The deadline for filing complaints is 4 weeks after receipt of the decision appealed.


Chapter 10 Commencement and transitional provisions
§ 20. The Greenland Parliament Act shall enter into force on 1 July 2014.
Subsection. 2. At the same time abolishing county Regulation no. 5 of 1 June 2006 on labor market performance.

Greenland, d. May 15, 2014

Ms Hammond