Key Benefits:
Law of 6 November 1986 on the insurance of workers against the pecunious effects of unemployment
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
All of them, who will see or hear these, saluut! do know:
In this regard, we considered that it would be desirable to reintroduce rules on the insurance of workers against the pecunious effects of unemployment, in order to replace the Unemployment Act ( Stb. 1967, 421) and the Unemployment Provision Act ( Stb. 1964, 485);
In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:
For the purposes of this Act and the provisions based thereon, the following definitions shall apply:
a. Our Minister: Our Minister of Social Affairs and Employment;
b. UWV: the Employee Insurance Implementation Institute, named in Chapter 5 of the Act implementing organisation of work and income ;
c. Sectoral fund: a sector fund as referred to in Article 94 of the Social Insurance Financing Act ;
General Unemployment Fund: the General Unemployment Fund, named in Article 93 of the Social Insurance Financing Act ;
(e) entities: legal persons, firms and partnerships, non-legal forms of cooperation which may be the object of associations of associations, undertakings of legal persons and target assets;
f. sector: a sector as referred to in Article 95 of the Social Insurance Financing Act ;
g. unpaid leave: a leave of leave between the employer and employee for part or the whole of the working time, in which the employee does not work with the employer;
h. Stranger: what is meant by the Aliens Act 2000 ;
i. Government employer:
1 °. the organ of a body governed by public law as referred to in Article 2, first paragraph, part a, of the WPA , or a body governed by private law, as intended Article 2 (b) to (e) of that Act , as those provisions were intended to be adopted on the day preceding the beginning of Stage 2, as referred to in Article 4 (2). Article 53 of the Public Service Act under the Employees ' Insurance , that the public worker is directly responsible for the payment or reward of that body;
2 °. a body governed by private law as referred to in Article 2, first paragraph, part f, of the WPA or Article 2, third paragraph, of that Act , as those provisions were intended to be adopted on the day preceding the beginning of Stage 2, as referred to in Article 4 (2). Article 53 of the Public Service Act under the Employees ' Insurance Having been designated, both on that day and at that time on the basis of one of those provisions, as a body whose employees participate in the Foundation Pension Fund ABP, and that the public employee is directly charged to that body or Reward;
3 °. Our Minister of Defence in relation to the in Article 2, second paragraph, part f, of the WPA -Excluded persons, as specified on the day preceding the start of Stage 2, intended to be excluded from the period of time of commencement of the period of operation. Article 53 of the Public Service Act under the Employees ' Insurance ;
j. public employee:
1 °. the public worker as referred to in the Article 2 of the WPA as that provision was used on the day prior to the start of stage 2, as specified in Article 53 of the Public Service Act under the Employees ' Insurance , under the age of pensionable age, Article 7a, first paragraph, of the General old-age law ;
2 °. the professional soldier within the meaning of the General Military Pensions Act, under the age of retirement, referred to in Article 7a, first paragraph, of the General old-age law ;
3 °. The person employed by the King to work at the Royal Court and who under the Pension Scheme of the Foundation for the care of the pensions of the Royal Court of the Court of Justice, under the Pension Scheme of the Royal Court of Justice House of Orange-Nassau falls, younger than the retirement age, meant in Article 7a, first paragraph, of the General old-age law ;
k. Government Implementation Fund: the Implementation Fund for the Government, mentioned in Article 106 of the Social Insurance Financing Act ;
(l) reintegration firm: a natural or legal person who, in the context of the exercise of profession or business, promotes the enablement of persons in employment;
(m) deprivation of liberty or deprivation of liberty: a custodial sentence or measure involving deprivation of liberty imposed by an irrevocable judgment as intended for the purpose of Penal code ;
n. continental shelf: the exclusive economic zone of the Kingdom, specified in: Article 1 of the National Law on the exclusive economic zone , to the extent that it borders the territorial sea of the Netherlands;
o. employment income: wage as referred to in Article 14 Except that the income from work is not counted as:
1. cash benefits under an employee insurance scheme and the Law Labour and Care or waiting money as referred to in Article 6, fifth paragraph, second sentence Whether or not increased by a surcharge on the basis of the Supplements Act and any additions to it by the person to whom the worker is in employment;
2 °, which is enjoyed on the basis of Article 629 of Book 7 of the Civil Code The provisions of Article 629 of Book 7 of the Civil Code shall be subject to similar arrangements, whether or not increased by a supplement to Article 629 of the Civil Code, as well as the provisions of Article 629 of Book 7 of the Civil Code. land of the Supplements Act and any additions to it by the person to whom the worker is in employment;
3 °. the advantage of making a car available for private purposes, intended for the purpose of Article 13a of the Law on payroll 1964 ;
4. a benefit pursuant to a life-plan scheme as referred to in Article 4 (2). Article 39d of the Law on Pay Taxation 1964 ;
p. pensionable age: pensionable age, intended in Article 7a, first paragraph, of the General old-age law .
1 Under the age of work, this law means:
a. hours on which an employee has received income from labour; or
b. hours on which an employee is entitled to income from labour.
2 Under ministerial arrangements, rules may be laid down which:
a. Hours shall be treated in the same way as the period of employment referred to in the first paragraph;
b. Working hours referred to in the first paragraph shall not be considered to be working hours;
(c) the eligibility of the conversion to working hours and the number of hours involved in such amounts shall be determined by means of a service.
1 For the calculation of the amount of the benefit to which this Law applies, the daily wage is 1/261 part of the salary which the worker is entitled to during the one-year period ending on the last day of the second reporting period. prior to the reporting period in which the loss of labour, referred to in Article 16, first paragraph, part a , was entered, earned, but not more than the amount specified in: Article 17, first paragraph, of the Social Insurance Financing Act , in relation to a pay period of one day.
2 The monthly wage in a calendar month shall be:
a. If the worker has been entitled to a benefit over the full calendar month, 21,75 times the daily wage;
(b) if the worker has not been entitled to benefits over the full calendar month in that calendar month in which entitlement to benefit has been payable, multiplied by the daily calendar month. In determining the number of working days a calendar week shall be considered to have five working days; or
c. [ Red: This part has not yet entered into force.]
3 In the case of a ministerial arrangement, detailed rules may be laid down concerning the marking of calendar months as full calendar months as referred to in paragraph 2 (a) and in relation to the marking of days as a working day as Referred to in paragraph 2 (b).
4 The income in a calendar month is:
a. if the worker has been entitled to benefits for the full calendar month: the income on the first to the last day of the calendar month; or
(b) if the worker has not been entitled to benefits for the full calendar month: income in the days in that calendar month to which entitlement to benefit has been payable.
5 If the employee is the status of employee, intended in Article 8, first paragraph , loses or has lost, other than by performing work as referred to in Article 8, paragraph 4, or if the worker is less available for work in a calendar week than his average working hours per calendar week, Intended in Article 16, second paragraph , according to his income in a calendar month, the term 'income' means:
(A + B) x C/D. hereby:
A for the number of hours in a calendar month on which the employee loses or has lost the status of an employee as intended Article 8 , as far as hours are concerned, on days at which the right to benefit is payable;
B for the number of working hours in a calendar month that the worker is less available to work for reasons other than illness, disability, or because he is taking part or is taking part in a judgment of the UWV. necessary training or training as referred to in Article 76 ;
C for the dagloon to which the benefit would have been calculated if it were not to be capped at the Article 17, first paragraph, of the Social Insurance Financing Act amount, or benefit, as referred to in the Article 64, first paragraph, part b Without the maximisation referred to in Article 64, fourth and seventh paragraph, divided by 21,75 if the benefit relates to a period starting on the first day and ending on the last day of a calendar month, or divided by the number of days referred to in Article 64, seventh paragraph; and
D for the average number of hours worked, Article 16, second and sixth paragraphs , divided by 5.
6 In the case of a general measure of administration, including Article 18 , with regard to the adoption of the daily wage plan referred to in paragraph 1, and the revision thereof, rules shall be laid down as appropriate and, if necessary, by different rules.
7 The dagloon calculated on the basis of this Article and the provisions based thereon shall be revised as from the day on which and to the extent specified in the amount in question. Article 8 (c) of the minimum wage law and minimum holiday allowances shall be reviewed.
8 Our Minister makes in the Official Gazette known as from which day and the percentage of the revision referred to in the seventh paragraph.
9 A revision of the benefit resulting from a review of the daily wage will be carried out without the decision being adopted by decision.
10 In the case of a general measure of management, the term 'income' as referred to in this Article shall also be defined. It may also provide that any income to be determined shall be taken into account, in part, not or no longer as a result of changed circumstances or any act or omission from the person concerned, as if it were is enjoyed.
1 Where a natural person lives and where a body is located is assessed according to the circumstances.
2 For the purposes of the first paragraph, ships which have their home port within the Netherlands shall be regarded as being part of the Netherlands.
1 Worker is the natural person, less than the pensionable age, who is in private law or public service.
2 Who carries out his service outside the Netherlands and the continental shelf, is not considered to be an employee, unless he lives in the Netherlands and his employer also lives or is established in the Netherlands. In so far as an employer:
a. A permanent establishment in the Netherlands for the exercise of his business or profession, or has a permanent representative resident or established in the Netherlands; or
b. employs one or more persons in the Netherlands and he is designated by or because of Our Minister as an employer,
for the purposes of applying the first sentence, he shall be treated in the same way as an employer residing in the Netherlands or established in the Netherlands.
3 By way of derogation from the first and second paragraphs, not as a worker shall be considered to be the foreigner who is not lawfully resident in the Netherlands within the meaning of Article 8 (a) to (e) and (l) of the Aliens Act 2000 .
4 In the case of, or pursuant to general measures of administration, it may be determined that:
a. persons residing outside the Netherlands are also regarded as an employed person, in so far as they fulfil their services outside the Netherlands;
(b) persons residing in the Netherlands are also regarded as an employed person, in so far as they fulfil their employment outside the Netherlands and their employer is resident or established outside the Netherlands.
5 In the case of, or under a general measure of management, the first, second and third paragraphs may be derogated from in respect of:
a. Aliens;
(b) persons covered by an insurance scheme for insurance against the pecuniary effects of unemployment in Aruba, Curaçao, Sint Maarten or a similar scheme for the public sector Bonaire, Sint Eustatius and Saba, or of an insurance scheme for the benefit of other power;
Persons who only stay temporarily in the Netherlands or are temporarily employed in the Netherlands;
d. persons working in an organisation of international law.
6 In the case of a measure referred to in paragraph 5, a derogation from the third paragraph may be waived as regards:
(a) aliens who have been lawfully employed in the Netherlands or who have been engaged in the work;
b. aliens who, after having been lawfully resident in the sense of Article 8 (a) to (e) and (l) of the Aliens Act 2000 , legitimately residing in the Netherlands as intended in Article 8 (g) or (h) of the Aliens Act 2000 .
If necessary by derogation from Article 3 and the following provisions:
a. The person whose insurance arises under this law from the application of provisions of a Treaty or of a decision of an international organisation shall be considered to be an employee;
b. shall not be considered as an employee the person to whom the legislation of another power is applicable under a treaty or to a decision of an international organisation.
1 As a service the employment relationship of the person shall be regarded as:
a. other than as self-employed and other than as a home worker, under an agreement to approve work as referred to in Article 750 of Book 7 of the Civil Code , personally, a work is to be established;
b. assisting the person referred to in subparagraph (a) to establish that work;
(c) on the basis of a contract with another against remuneration, that conciliation provides for the conclusion of agreements between the persons to be visited by him and the other, provided that he provides the said mediation exclusively for the other the provision of such mediation is not a secondary activity to him, and is usually assisted by it by not more than two other persons;
(d) by agreement with another against remuneration, the conciliation procedure provides for the conclusion of agreements between persons to be visited by him and a client of the other, provided that he provides the said mediation granted exclusively to the other, the provision of that mediation is not a subsidiary to him and is usually assisted by it by not more than two other persons;
e. the driver of a company as referred to in Article 132, third member, of Book 2 of the Civil Code , with the exclusion of the Director-General shareholder referred to in Article 6, first paragraph, part d ;
f. as a member of the crew of a fishing vessel, shall be entitled to a stake in the besomming unless:
1. as such against the pecunious effects of incapacity for work, is insured with the Social Fund for the fishing industry; or
2 °. operator or co-operator of the vessel;
g. fulfils his military service or substitute service;
h. The person employed as a driver for the benefit of a cooperative which, with its members, only applies to contracts of employment Article 610, 1st paragraph, of Book 7 of the Civil Code If he is a member of the cooperative, and according to its articles of association and subject to the requirements laid down in the third paragraph and under paragraph 4, it may be considered to be a cooperative with workers ' selfgovernment.
2 The first paragraph, subparagraph (a) and (b), shall not apply if the agreement referred to in subparagraph (a) is directly entered into with a natural person for the benefit of his personal affairs.
3 A cooperative as referred to in paragraph 1 (h) shall comply with the requirements, that:
a. Generally, at least two-thirds of the number of persons with whom the cooperative is a contract of employment as referred to in Article 610, 1st paragraph, of Book 7 of the Civil Code has closed, is a member of the cooperative;
(b) the membership of the cooperative by each of the persons referred to in subparagraph (a) may be acquired under the same conditions and conditions of pecunious nature do not constitute a substantial obstacle to the acquisition of membership;
c. the members of the cooperative have one vote;
d. Working conditions of the members of the cooperative do not differ substantially from what is customary in similar undertakings in the sector in question;
(e) a member of the cooperative, subject to the liquidation of the cooperative, may, upon the termination of his/her membership, be entitled to a maximum of his or her entitlement to his or her condition as referred to in subparagraph (b) or others. Amount paid to the cooperative, refunded to cash-out-of-money devaluation.
4 In the case of a general measure of management, rules may be laid down using the requirements set out in paragraph 3
(a) be determined;
b. are complemented by other requirements under which the cooperative can be considered to be a cooperative with employee self-government.
5 For the purposes of paragraph 1 (a), 'self-employed person' means the person who:
a. Lives in the Netherlands and enjoys taxable profits as a result of: Section 3.2.1 of the Income Tax Act 2001 , unless it does not actually drive the company for its own account; or
b. does not live in the Netherlands and which benefits from taxable profits from the Netherlands company as intended Section 7.2 of the Income Tax Act 2001 , unless it does not actually drive the company for its own account;
c. Director-General shareholder is as referred to in Article 6, first paragraph, part d , and the work is carried out exclusively for the account and the risk of the company of the legal person of which he is a managing director.
In the case of, or under general management, rules may be imposed on the basis of which the employment relationship of the person concerned shall also be regarded as a service:
a. performing work as a homeworker;
b. the component A shall assist the person referred to as assistance in the performance of the work;
c. acting as a musician or otherwise as an artist or as a profession, practice a branch of sport; and
d. to pay personal work for remuneration and whose employment relationship is not already under this Article and the Articles 3 and 4 is considered to be a service, but can be equated socially.
1 As a service, the employment relationship of a person shall not be considered to be:
a. that Minister, Secretary of State, Commissioner of the King, Mayor, National Ombudsman, Deputy Ombudsman, Member of the Member States, alderman, chairman of a watership or the State Representative for Public Bodies Bonaire, Saint Eustatius and Saba is;
(b) who provides as a volunteer work as a police official, as well as of the person who, as a volunteer, carries out work in the fire department, whether or not at the wage level;
(c) which normally carries out exclusively or almost exclusively services on less than four days a week for the benefit of the household of the natural person to whom he/she is in employment;
d. is a managing director, a major shareholder;
e. who as a volunteer as intended in Article 2, 6th paragraph, of the Law on Earnings Act 1964 , receive only benefits or benefits referred to in that paragraph with a combined value of up to € 150 per month and € 1 500 per calendar year.
2 For the purposes of paragraph 1 (c), the provision of services for the benefit of a household shall be understood to mean the provision of care to members of that household.
3 The first paragraph shall apply only to the industrial relations referred to in that paragraph.
4. Our Minister, in agreement with our Minister of Finance, shall lay down rules on what is part of the principal shareholder referred to in the first paragraph. Ed , it is understood.
5 As a service, the employment relationship of the public worker shall not be considered to the extent that the public worker has obtained or obtains entitlement to waiting money as a result of the termination of that employment relationship. Waiting money as referred to in the first sentence means: a waiting money within the meaning of the 1959 Driving Waits Decision In the same way as at 31 December 2000, or a similar payment by a State worker on the basis of dismissal or unemployment, and a cash allowance or equivalent allowance, in the sense of the person employed or under the conditions of employment Military Pensions Framework Law the provisions adopted, with the exception of a benefit in connection with functional age dismissal or early retirement.
1 A person whose employment has ended in whole or in part shall retain the status of an employed person, in so far as he does not carry out any work under which he is not regarded as an employed person under this law, except as such work is to be considered as volunteering.
2 By way of derogation from the first paragraph, a person shall retain the status of a worker in so far as the number of hours in a calendar week on which he pursues his business in the pursuit of a business or on the independent performance of an occupation is not is higher than the average number of hours per calendar week on which it has carried out this work during the 26 calendar weeks immediately preceding the period of employment of the worker, from which the employee has become unemployed; They ended up
3 A person whose employment is terminated in whole or in part by the performance of the work referred to in paragraph 2 shall, on completion of that activity, be reinstated as a worker if the person concerned has completed his or her work as a member of the Committee for the purposes of his or her work shall be terminated within a period of time equal to the duration of benefit or within one and a half years if the benefit period is less than a year and a half.
4 A person whose employment is terminated in whole or in part by the conduct of work as a member of the First Chamber of the States-General, of a representative body of a body governed by public law, which is a direct citizen of the institution of the election shall be constituted, or of a general administration of a watership, reassigned, in whole or in part, to the status of a worker, to the extent that such termination takes place within the period of the start of that work for that person still in effect for the benefit under this Law.
5 A person whose employment is terminated in whole or in part by the carrying out of works, of which he is not regarded as an employed person under this law, other than the activities referred to in the second or fourth paragraph, regains the status of an employee, in whole or in part, of such activity.
6 In the case of ministerial arrangements, further conditions shall be laid down to take account of activities as voluntary service as referred to in the first paragraph.
The person who, on the basis of compulsory insurance on the basis of the Law employment and income to work or the Incapacity for work insurance a benefit loses the status of a worker if he does not reside in the Netherlands.
The employer is the public employer as the natural person to whom or the body to which one or more natural persons are in employment.
If the employer is considered:
a. in the cases specified in Article 4, first paragraph , part:
a and b: the tender;
c and d: the person with whom the contract has been concluded;
e: the company;
f: the operator or co-operator of the vessel;
g: Our Minister of Defense or Our Minister;
h: the cooperative.
b. in the cases specified in Article 5 , part:
a: the client;
b: the home worker;
c: the person, with whom the action or the sporting activity has been agreed;
The following the one, the one at the in Article 5 shall be designated as an employer as a general measure.
c. the designated withholding agent, specified in Article 6, 6th paragraph, of the Law on Earnings Act 1964 .
1 The UWV shall be regarded as an employer in cases where:
a. Sickness benefit is paid on the basis of compulsory insurance under the Disease law ;
b. benefit is paid under the compulsory insurance or Chapter IV of this Act ;
c. benefit is paid on the basis of compulsory insurance on the basis of the Law employment and income to work or the Incapacity for work insurance ;
d. benefit is paid on the basis of Chapter 3, Section 2, Section 1, of the Law of Work and Care to the worker or assimilated, intended in Article 3:6, first paragraph, of that law ;
e. no cash sickness benefit is paid on the basis of Article 29, first paragraph, of the Law on sickness but a surcharge on the basis of the Supplements Act .
2 In the case of the UWV, the benefit or supplement referred to in paragraph 1, together with the contributions payable on the employer by the employer and the income dependent on income, as referred to in Article 4 (1) of the Treaty. Article 42 of the Zorginsurance Act , pays to the employer, meant in Article 9 , 10 or 12 For the purpose of applying the first paragraph, it shall, for the purposes of applying the first paragraph, take the place of the UWV independently of the continued existence of the employment relationship with that employer.
3 If a self-risk carrier as referred to in Article 40, introductory sentence, first paragraph, of the Social Insurance Financing Act the benefit, for the purpose of Article 8 (a) of the Law on sickness on the basis of Article 63a of the Health Act pay or the benefit on the basis of the Law employment and income to work , referred to in Article 8a, first paragraph, of the Law on sickness on the basis of Article 82 in conjunction with 84 of the Work and Income to Work Assets Act the application of the first paragraph shall be the self-risk-bearer as an employer in the place of the UWV, independently of the continued existence of the service with that self-risk carrier.
4 In the case of a ministerial arrangement, detailed rules may be laid down in respect of the contributions payable by the employer under paragraph 2.
Our Minister is competent, by way of derogation from the Articles 9 and 10 , other than the persons or bodies referred to therein, as an employer, as regards the person:
(a) by agreement with another against remuneration, the conciliation provides for the conclusion of agreements between the persons to be visited by him and the client of the other;
b. assisting a homeworker as aid in the performance of the work;
c. acting as a musician or otherwise as an artist, or as an occupation, practice a branch of sport.
The employer is obliged to give the worker the opportunity to exercise the powers conferred on him under this law or from the provisions based thereon and to the fulfilment of the powers conferred on him by virtue of that law or on the basis of that law. obligations imposed, insofar as the exercise of those powers and the fulfilment of those obligations cannot be carried out outside working time.
1 Pay is the salary in the sense of Chapter 3 of the Social Insurance Financing Act .
2 Minimum Wage is minimum wage per month, meant in Article 8, first paragraph, part A , of the Wet Minimum wage and minimum holiday allowances or, in the case of an employee under the age of 23 years, the minimum wage per month applicable to his age, as specified in Article 7, third paragraph , and Article 8 (3) of the said Act , both increased by the holiday allowance calculated on this subject, in Article 15 of that Act , and then divided by 21,75.
3 Wages, received by various persons together undistributed, shall be deemed to be received by each of them for an equal part, to the extent that it is not apparent from any other division.
Taking into account the Articles 16 to 21 and the provisions based thereon, the worker who is unemployed has the right to benefit.
1 Unemployed is the worker who:
a. in a calendar week, at least five hours of work have fewer hours of work per calendar week, or a number of hours of work equal to one half of its average working hours per calendar week; and
b. is available to accept labor.
2 The average number of hours worked per calendar week referred to in paragraph 1 shall mean the average number of hours worked during the 26 calendar weeks immediately preceding the calendar week referred to in the first paragraph. If the worker has lost less than five hours of work per calendar week as compared with his average working hours per calendar week, the average number of hours of work per calendar week, referred to in the first sentence, shall be taken into account. the number of hours on which the employee, in the 26 calendar weeks immediately preceding the calendar week referred to in the first paragraph, has carried on an average per week of work under which he is not considered to be an employee. For the purpose of determining the period of 26 calendar weeks referred to in the first and second sentences, calendar weeks up to a maximum of 78 calendar weeks in which the employee has enjoyed unpaid leave shall not be taken into account unless this leads to a lower average number of working hours per calendar week than when those calendar weeks were to be taken into account.
3 In the case of a general measure of management, rules may be laid down in relation to the first and second paragraphs:
a. concerning the calculation of the loss of working hours in the event of consecutive loss of working hours, which may take into account other periods for calculating the average number of hours of work;
b. for a shorter or longer period of time for calculating the average number of hours of work for certain groups of workers.
4 By way of derogation from the first paragraph, an unemployed person who complies with the first paragraph shall also be unemployed A , but does not comply with the first paragraph, B In view of the mere fact that he is involved in the loss of work prior to or at the end of work or is involved in a training or training necessary to the conclusion of the UWV, as referred to in Article 4 (2) of the Treaty. Article 76 . For the application of Article 16a, second paragraph , an employee to whom the first sentence of application is applicable is considered to be an employee who satisfies the conditions of the first member.
5 By way of derogation from the first paragraph, the period of notice applicable to the employee shall be longer than the period of notice provided for in the period of notice of which the person concerned is subject to the notice of termination Article 64, first paragraph (b) also unemployed workers whose employer does not meet their wages because he is in a state of the same condition as intended for the purpose of Article 61 .
6 If in the case of an assessment as referred to in Article 6, 1st paragraph, of the Act of Work and Income to Labor or an assessment as referred to in article 19ab, first paragraph, of the Health Act is determined that the employee is taxable for a lower number of hours than healthy subjects with similar training and experience as intended Article 1 of the Law on Work and Income to Work The average number of working hours per calendar week referred to in paragraph 2 shall mean the number of hours that the employee is taxable, except where this leads to a higher number of hours of work.
7 For the purposes of this Act and the applicable provisions, the Monday shall be the first day of the calendar week.
8 A right to benefit that has arisen and ends directly on the basis of Article 20 (c) (c) , it is deemed not to have arisen if the income is enjoyed by work as an employee.
1 For the purposes of this Act and its provisions, the first day of unemployment is the first day of the day of loss of one or more hours of work in the calendar week in which a situation occurs within the meaning of Article 16, first or fourth member .
2 If in the event of the loss of work, the loss is Article 16, first paragraph , if the other condition referred to in that paragraph is not fulfilled, or the worker has no right to benefit on the basis of Article 19 By way of derogation from paragraph 1, the day of the calendar week on which the other condition referred to in paragraph 1 shall be fulfilled shall be regarded as the first day of unemployment for the purposes of this Act and the provisions which it has based thereon. Article 19 is no longer in the way of entitlement to benefit.
3 By way of derogation from the first and second paragraphs, the first day of unemployment for the worker is to be Article 16, fifth paragraph , the day after the end of the term, referred to in Article 64, first paragraph, part b , then, the first day that the employer no longer meets the pay if this day is later than the day after the end of the term.
1 Right to benefit arises for the worker if he has at least one work hour per calendar week in 36 calendar weeks immediately preceding the first day of unemployment in at least 26 calendar weeks.
2 If Article 19, third or fourth member By derogation from the first paragraph, application has been found to be the right to benefit if the worker in 36 calendar weeks immediately prior to the day on which the loss of work has occurred in at least 26 calendar weeks. has one labor hour per calendar week.
1 For the determination of the Article 17 the number of 36 calendar weeks referred to shall not be taken into account for calendar weeks during which the employee:
a. for illness or incapacity for work, unable to perform work;
b. has performed as referred to in Article 8 and he has been regaining the status of an employee under that Article;
(c) No work has been carried out for the purposes of enjoying unpaid leave, up to a maximum of 78 calendar weeks; or
d. has not done any work but has a right to benefit on the basis of Chapter 3, Section 2, Section 1, of the Law of Work and Care .
2 For the determination of the Article 17 the number of 26 calendar weeks referred to shall be taken into account in a calendar week only, where they relate to the service from which the employee has become unemployed and on one or more of the service relationships for which the worker is employed. the former shall have entered the place of employment, and in so far as they have not previously led to the creation of a right to benefit under this Chapter or on the basis of Chapter 7 of the Law on Employment and Income to Work .
3 In the case of a general measure of management, certain groups of workers may Article 17 The number of 36 calendar weeks referred to shall be fixed and the number of 26 calendar weeks referred to in that paragraph shall be fixed.
4 By ministerial arrangement rules may be laid down whereby calendar weeks in which the employee has worked hours can be taken into account on several occasions when calculating the period of employment of the worker. Article 17 number of 26 calendar weeks.
(1) If, in the calendar week following the creation of a right to benefits in respect of partial unemployment from a service, a new right to benefits arises in respect of increased unemployment from the same employment relationship, or The employment of the former shall be merged into a law.
2 The first paragraph shall not apply in respect of a right which has already arisen through the aggregation of rights.
1 The person who, on the day, immediately preceding the first day of unemployment, was an employee within the meaning of this Act and who in the 36-week period is intended to Article 17 , located before 1 January 1987, has been employed as an employee within the meaning of the Unemployment Act or the Law On Unemployment such as those legislating on 31 December 1986, or having completed his military service or replacement service, as regards the weeks in which he has carried out such employment, shall be regarded as an employed person within the meaning of that provision. Law.
2 The person who, on the day, immediately preceding the first day of unemployment, was an employee within the meaning of this law and who in the 36-week period is intended to Article 17 From 1 January 1987, employment has been carried out in an employment relationship in respect of which he is insured by the State with an invalidity pension, and shall be regarded as an employed person for the weeks in which he has carried out his or her employment. This law.
3 Article 17a shall apply mutatis mutandis with regard to the first and second members.
4 In respect of the person entitled to benefits under the General Incapacity Act or the Law of 31 December 1986, Incapacity for work insurance or both of those laws, and which at the time when the incapacity for work was an occupational worker within the meaning of the Unemployment Act as provided for by that Law on 31 December 1986, the first and third paragraphs shall apply mutatis mutandis.
1 The worker, who is unemployed solely as a result of frost, snowfall, high water or other exceptional natural circumstances, is entitled to benefit for the duration of the extraordinary natural circumstances.
2 The Articles 17 and 42, second paragraph, part a shall not apply to the worker referred to in the first paragraph.
1 No right to benefit has the worker who:
a. receives a benefit on the basis of the Disease law or a benefit corresponding to the nature and scope of the benefit;
(b) a disability benefit or a wage-related benefit of the employment repayments benefit, in part, receives partial employment benefits on the basis of the Law employment and income to work ;
c. receives a benefit on the basis of the Incapacity for work insurance , calculated on the basis of an incapacity for work of 80% or more, or receives a benefit corresponding to the nature and scope of the benefit;
d. receives a benefit on the basis of Chapter III of the Military Incapacity Facility Calculated according to which at least 80% incapacity for work, or an allowance under that chapter, whether or not increased by incapacity for work, is 70% or more of the dagloon to which the benefit of incapacity for work is equal to or less than was or would have been calculated;
e. living or staying outside the Netherlands other than on holiday;
f. does not lawfully reside in the Netherlands as referred to in Article 8 of the Aliens Act 2000 ;
g. law has been deprived of his liberty;
h. to relieve himself of the implementation of a custodial sentence or measure involving deprivation of liberty;
(i) has reached the retirement age;
j. on the basis of Article 64 of the Social Insurance Financing Act has a waiver due to concerns about peace of mind or whose unemployment has been caught within 3 months of the date of revocation of such a waiver;
k. enjoy a holiday outside the period to be determined by ministerial arrangement, as referred to in paragraph 5 (b);
(l) unemployed as a result of work cessation or exclusion, except where the worker has been granted an exemption on the basis of Article 8, third paragraph, of the Extraordinary Decision Labour Relations 1945 ;
m. receives a benefit on the basis of the Law Labour and Care .
2 Where a benefit referred to in paragraph 1 is part of the first subparagraph A , B , C or Ed is not paid for the period of waiting or for any act or omission which it is reasonable to know that he may be accused of being treated as such for the purposes of the first member. benefit. The days of waiting shall not be understood as the first 13 weeks of incapacity of the worker to perform his work because of sickness.
3 No right to benefit has the employee so long as the right of notice has not expired and the contract of employment has ended by cancellation or by means of a written agreement on the matter. The period of notice applicable shall mean the period prescribed by the employer or the employee on the basis of Article 672 of Book 7 of the Civil Code , the Articles 94 to 96c of the General Staff Regulations of Officials whether a similar provision of similar rules is to be taken into account in respect of termination of notice. In the case of termination of service by mutual consent, the period of notice of the employer referred to in the previous sentence shall apply. The date on which the provision of employment is deemed to have been declared shall be the date of:
(a) the termination has been agreed in writing; or
b. The employer or the employee has put up the employment contract.
4 No right to benefit has the employee until the employment contract would have expired for some time, if it has ended by mutual consent, without having agreed in that employment contract in writing that this interim can be restated as intended Article 667, third member, of Book 7 of the Civil Code .
5 The third and fourth paragraphs shall no longer apply where: Article 16, fifth paragraph , has been applied.
6 No right to benefit has the employee, on a day on which his employment is interrupted, solely because:
a. This day shall apply to him as a rest day;
b. this day is a national or generally recognised Christian holiday, or a public holiday, which is celebrated as such on the spot where the employee is working.
7 The first paragraph shall continue to apply in respect of the worker who is in a circumstance as referred to in the first paragraph solely for the purposes of employment other than employment from which he is unemployed.
8 By ministerial arrangement rules may be laid down:
a. Enjoy the term 'holiday' referred to in paragraph 1 (k);
(b) as regards the fixing of the period during which the employee can enjoy the benefit of a holiday while retaining his right to benefit.
9 Our Minister is empowered to lay down rules for cases where the first paragraph, part e, remains out of application in connection with a disaster.
10 The first paragraph, part (g), does not apply to categories of persons to be referred to in general measures involving the execution of a custodial sentence or measure involving deprivation of liberty outside a penitentiary establishment, a provision for consultation of the premises, or a device as intended for use in the establishment of a facility Article 1 (b) of the PrincipLaw of the Judicial Youth .
11 The first paragraph, part b, shall not apply to:
a. the worker referred to in the Article 18, first paragraph ;
(b) the worker whose unemployment is solely the result of a reduction of working time for which it is based on the Article 8, third paragraph, of the Extraordinary Decision Labour Relations 1945 derogation has been granted; and
(c) the worker whose unemployment arose after the birth of the salary-related benefit of the employment repayments allowance, in part, of the worker's employment Law employment and income to work .
12 By way of derogation from the first paragraph, subparagraph (e), entitlement to benefits shall remain in respect of an employee who is resident outside the Netherlands other than on a holiday if he/she co-operates during that period of stay on activities which be conducive to his occupational integration as intended for use in the Chapter VI and XA , provided that:
a. The duration of those activities is not longer than six months;
(b) that, according to a letter of intent, provide a real view of a connecting service for at least six months; and
(c) those activities take place in a Member State of the European Union, in another State party to the Agreement on the European Economic Area or in Switzerland.
13 For the purposes of this Article, 'letter of intent' shall mean a signed declaration stating that the person concerned has the intention of participating in activities which are conducive to his or her activities. inaction in the labour market as defined in the Chapter VI and XA , at the end of those activities, to be employed.
1 The right to benefit ends:
(a) from the day on which the employee has no right to benefit on the basis of Article 19 ;
b. As from the day on which the benefit to the worker has expired;
c. from the first day of the calendar month in which the employee is no longer unemployed because he is entitled to income which, after multiplication with the factor C/D, is intended to be Article 47, first paragraph, parts a and b , more than 87.5% of the monthly wage.
2 [ Red: This member has not yet entered into force.]
1 If entitlement to benefit is given on the basis of Article 20, first paragraph, part a or c , ended, and subsequently ceased to exist until that ended, the right to benefit repayments under the second paragraph, the Article 8 and the time limits specified by the third paragraph and the rules laid down pursuant to paragraph 4.
2 The right does not relive if:
a. A new right to benefit arising under this Chapter, whose monthly wage is more than 87.5% of the monthly salary of the previous benefit; or
b. a right to benefit on the basis of the Law employment and income to work will be created
3 A right to benefit which has ended:
a. because of a circumstance as referred to in Article 19, first paragraph, part e, g, h or k ; or
b. on the basis of Article 20 (c) (c) , as a result of being less available for labor than its average working hours, intended in Article 16, second paragraph -for reasons other than sickness or incapacity for work or training or training, in respect of which the employee receives a benefit as referred to in Article 4 (2). Article 19, first paragraph, parts a, b, c or d ; or
(c) for a combination of the circumstances referred to above, even if these circumstances occur in a continuous way, only if the period between the end of the duty and the expiry of the circumstances or circumstances If this is meant to be no longer than six months.
4 A right to benefit which has ended on the basis of Article 20 (c) (c) -income received solely for the purpose of carrying out activities as referred to in Article 4 (2). Article 8 (4) , more than 87,5% of the monthly wage may only be revived if the period between the end of the duty and the expiry of the period of duty, if it is intended to lapse, is no longer than the remaining period of benefit in the end of the duty.
5 In the case of ministerial arrangements, it may be settled that the third paragraph shall continue to apply to categories of workers.
6 If entitlement to benefit is given on the basis of Article 20, first paragraph, part a In conjunction with Article 19, first paragraph, part a , has ended and subsequently relives on the basis of paragraph 1, Article 16, sixth paragraph , mutatis mutandis.
1 The UWV sets out the right to benefit on an application or to benefit.
2 A benefit as referred to in Article 18 and a benefit related to a waiver granted on the basis of Article 8, third paragraph, of the Extraordinary Decision Labour Relations 1945 be paid without having been made available by decision, if it is reasonable to assume that there is no need for a decision to be taken.
3 A benefit referred to in paragraph 2 shall be terminated without having been adopted by decision, if it may reasonably be assumed that there is no need for a decision. If the party concerned requests a decision within a reasonable period of time, it shall be granted as soon as possible.
4 The UWV shall pay the benefit, as provided for in paragraph 2, within six weeks of the submission of the application.
1 Without prejudice to any revision or withdrawal of a decision to grant benefit and to any refusal of benefit laid down elsewhere in this Act, the UWV shall review such a decision or withdraw such a decision in:
a. if it is not or is not properly fulfilling a liability under Article 24 , 25 or 26 has led to an undue payment of benefit or an excessive amount of benefit;
b. if otherwise the benefit has been wrongly or to an overstated amount;
c. if not properly fulfilling the obligation of the Article 25 leads to a failure to establish whether entitlement to benefit is still subject to the payment of benefits.
2 If there are compelling reasons for this, the UWV may decide to waive or cancel all or part of the revision or withdrawal.
1 The withdrawal or reduction of a benefit resulting from the objection or appeal brought by the employer shall not take place earlier than the day following that on which the decision on objection has been published or the judgment has been delivered. The first sentence shall apply mutatis mutandis in the event of revocation of the objection or appeal because the UWV has been wholly or partly satisfied with the objection or appeal of the employer.
2 The first paragraph shall not apply if the payment by the person's own fault or from the employee has been wrongly or to an overdetermined amount.
1 The worker prevents him from:
(a) unemployed to be reprovable;
b. is or remains unemployed by:
1 °. Insufficient effort to obtain appropriate work;
2. to accept the appropriate labour offered or not to obtain appropriate employment by its own undertaking;
3 °. does not retain appropriate work by its own allocation; or
4. in the case of work to be carried out by him, shall require that the acceptance or obtaining of appropriate work be impeded.
2 The worker has become more than unemployed if:
(a) an urgent reason for the unemployment of unemployment is the meaning of Article 678 of Book 7 of the Civil Code and the worker may be accused of a charge on the matter;
(b) the service has been terminated by or at the request of the worker without any objections to its continuation, that this continuation could not reasonably be required of him.
3 Under appropriate work as referred to in paragraph 1, in the period before a period of six months in which entitlement to benefit is due pursuant to this Act, the term 'employment' shall be taken to mean the employment from which the worker is unemployed. has become. After this six-month period, all the work calculated for the workers ' strengths and abilities is appropriate, unless acceptance for reasons of physical, mental or social nature cannot be required of him. Employment is not considered to be appropriate on the basis of a service referred to in Chapter 2 or 3 of the Social Employment Act or employment on the basis of which one does not qualify as an employee within the meaning of this Law. In the case of, or under general management, detailed rules on the concept of appropriate employment shall be laid down, including the method of determining whether employment is consistent with the employment from which the worker has become unemployed, as well as in which cases a period of entitlement to sickness benefit under the Disease law exists, is included in the definition of the period specified in the first sentence.
4 By way of derogation from the third paragraph, all labour is immediately appropriate if the worker is after 104 weeks of sickness on the basis of Article 5 of the Law on Employment and Income to Work does not receive a benefit and, as a result, receives a benefit under this Act.
5 The employee is obliged to behave in such a way that he does not disadvantage or could disadvantage the General Unemployment Fund, the Sectoral Fund or the Government Implementing Fund. In the case of benadeling within the meaning of this Article, the conduct referred to in paragraph 1 shall not be understood to be Article 25 .
6 The failure to carry out any defence against or consent of the worker to termination of employment by or at the request of the employer shall not lead to an infringement of the obligations referred to in the first paragraph, introductory wording and part a, or the fifth member.
7 The second and sixth paragraphs shall apply mutatis mutandis in respect of paragraph 1 (b) (3), where, for the corresponding application of paragraph 2 (b), the term 'employment relationship has been terminated' shall be replaced by the following: The labor has ended or is not continuing.
8 Our Minister is empowered to lay down rules whereby certain groups of workers are exempt from obligations imposed on them by virtue of paragraph 1 (b) (1 °), 2 ° and 4 °.
9 In the case of, or under general management, rules may be imposed on the basis of which employees may be granted temporary exemption in individual cases of their obligations under paragraph 1 (b) (2) (b). or 4 °, imposed.
10 By way of derogation from the sixth and seventh paragraphs, a benadation referred to in paragraph 5 is referred to in the case of an employee during the extended period of time, as referred to in paragraph 1. Article 25, 9th paragraph, of the Law of Work and Income to Labor , without proper land, has failed to carry out any defence against or has agreed to an end to the service.
The worker is obliged to communicate to the UWV at his or her own request, or without delay, all facts and circumstances, of which it must be reasonably clear to him that they may have an influence on entitlement to benefit, making use of the right to make use of the right to the UWV. the right to benefit, the amount or the duration of the benefit, or to the amount of the benefit paid to the employee. This obligation shall not apply to the extent that a right to benefit cannot be incurred as a result of a permanent whole refusal. This obligation shall not apply unless such facts and circumstances can be determined by the UWV under the terms of the legal regulation as being authentic or may be obtained from a ministerial arrangement administration. A ministerial arrangement shall lay down the details of which the third sentence shall apply.
1 The worker is obliged to:
(a) to abstain from very serious misconduct in respect of persons and bodies responsible for the implementation of this Law while carrying out their activities;
b. An application for payment of benefit to the UWV within one week of the date of entry of his unemployment to the UWV;
(c) to follow the requirements of the UWV for the purpose of effective control;
d. to register as a job seeker with the UWV and to extend that registration in a timely way, if to do so by virtue of: Article 30b, third paragraph, of the Act implementing organisation work and income ;
e. to cooperate in the activities conducive to his employment in the labour market;
f. to cooperate in a training or training deemed necessary for his occupational integration, to be available for the provision intended for the purpose of Article 7, first paragraph, part a, of the Participation Act and cooperate in obtaining such facilities;
g. to cooperate with a doctor, psychologist or profession consultant for an examination of his fitness to work;
h. to comply with the other conditions provided by the UWV on the basis of Article 101, second paragraph , sets;
i. the him on the basis of Chapter VI obligations imposed; and
j. to follow the regulations that the UWV suggests in connection with the enjoyment of holidays during the duration of the benefit;
k. to cooperate in drawing up the re-integration television, intended to be used in Article 30a, 4th paragraph, of the Act structure implementing organisation work and income , and the re-integration plan, referred to in Article 30a, sixth paragraph, of that Act ;
l. to comply with the obligations included in the re-integration framework, referred to in Article 30a, 4th paragraph, of the Act structure implementing organisation work and income , and the re-integration plan, referred to in Article 30a, sixth paragraph, of that Act ;
m. when participating in a re-integration project, the reason of non-compliance with its re-integration obligations to be immediately associated with the re-integration business.
2 The UWV shall have jurisdiction to lay down rules relating to the time of registration provided for in paragraph 1 (d).
3 Our Minister is empowered to lay down rules whereby certain groups of workers are exempted from obligations, imposed on them by paragraph 1, parts d, f or g.
4 In the case of, or under general management, rules may be laid down allowing workers to be granted temporary exemption in individual cases of their obligations under the first paragraph, parts d, f or g; imposed.
Article 24, first paragraph, part b , does not apply to the inoperative referred to in Article 1, first paragraph, of the Social Employment Act.
1 The UWV shall deduct an amount permanently from the benefit if the employee is an obligation to the benefit of Article 24, first paragraph, part a, or part b, below 3 ° , has not been complied with, unless the obligation does not satisfy the obligation to the employee to the extent that it is possible to know. In that case, the UWV shall deduct half of the amount referred to in the first sentence by a maximum of 26 weeks.
2 The UWV shall deduct an amount permanently from the benefit if the employee is an obligation to the benefit of the benefit of the benefit of the benefit of the Article 24, first paragraph, part b, below 2 ° -Hasn't been met.
3 The UWV refuses temporary or permanent benefits, in whole or in part, from the employee of an obligation as referred to in the Treaty, whether in part or not properly Article 24, first paragraph, part b, below 1 ° or 4 °, or fifth paragraph , or 26 , Article 55, second paragraph, of the Act implementing organisation of work and income or Article 28, Second paragraph, of the Law of Work and Income to Labor ' s Ability to Work Or to comply with the period not within the deadline set by the UWV by the employee of an obligation as referred to in Article 4 (2) of the Treaty. Article 25 .
4 The UWV refuses to temporarily or permanently, in whole or in part, if the insured person, intended to Disease law During the first 13 weeks of his incapacity to work for sickness, a benefit under this law is an obligation arising out of the fact that he is not in a position to do so. Article 45, first paragraph, of the Law on sickness has not been complied with.
5 The imposition of a measure on the basis of paragraph 4 shall not be omitted if, for the same conduct, a measure may be imposed on the basis of the first, second or third paragraphs.
6 A measure as referred to in the third or fourth member shall be tailored to the seriousness of the conduct and to the extent to which the worker can be accused of the conduct. In any event, the imposition of a measure shall be waived if any form of dilation is missing.
7 The UWV may forego the imposition of a measure as referred to in the third or fourth member and shall suffice to give a written warning in respect of the failure to comply with the obligations laid down in time for the purpose of Article 25 If the failure to comply with the obligations in time has not resulted in an undue payment or an excessive amount of benefit or in respect of the failure to comply with a provision as referred to in Article 4 (1) of Regulation (EEC) No 431. Article 26, first paragraph, parts b or d , unless the obligation, or failure to comply with the requirements, is not fulfilled in good time, taking place within a period of two years from the date on which a warning was previously issued to the employee.
8 The UWV may forego the imposition of a measure if there are compelling reasons for doing so.
9 The imposition of a measure does not continue to be imposed if, for the same conduct, an administrative fine as provided for in Article 27a shall be imposed.
10 In the case of, or under general management, detailed rules shall be laid down in respect of the third, fourth and sixth paragraphs.
11 The amount referred to in the first and second paragraphs shall be calculated as follows:
A x B x (C/D). It reads:
A for 0,75 in the first two months of entitlement to benefit, and thereafter for 0,7;
B for the number of hours in a calendar month that the employee would have worked if he had accepted, obtained or retained the work referred to in the first or second paragraph;
C for the dagloon; and
D for the average number of working hours per calendar week, specified in: Article 16, second and sixth paragraphs , divided by 5.
1 The UWV imposes an administrative penalty of not more than the bending amount for failure or failure to comply properly by the employee of the obligation, Article 25 . The administrative penalty is not lower than the penalty which would be imposed on the basis of the third paragraph if there was no penalty amount.
2 In this Article, bending is meant to be the gross amount intended as a result of the failure or failure to fulfil the obligation. Article 25 , wrongly or until an excessive amount of benefit has been received.
3 If it is not or is not properly fulfilled by the employee of the obligation, Article 25 , has not resulted in a bony amount, the UWV shall impose an administrative penalty of up to the amount of the second category referred to in the Agreement. Article 23 (4) of the Code of Criminal Law .
4 The UWV may waive the imposition of an administrative penalty as referred to in the third paragraph and suffice to give a written warning for failure to comply or not properly by the employee of the obligation, as specified in the Annex. Article 25 Unless the obligation to comply with the obligation not properly or not properly takes place within a period of two years from the date on which the alert has been issued to the employee earlier.
5 The UWV imposes an administrative penalty on account of failure or failure to comply properly by the employee of the obligation, Article 25 , as a result of which is received wrongly or up to an excess amount of benefit, of up to 150 per cent of the bene amount if within a period of five years preceding the day of the offence of the offence a prior An administrative fine or a criminal penalty has been imposed on the basis of a previous infringement, consisting of the same conduct, which has become final.
(6) Under the same practice as referred to in paragraph 5, the meaning of the obligation, which is not properly fulfilled, is to be understood as meaning that the obligation to Articles 25 of this law, 12 of the Toeslagenwet , 12, first paragraph, of the Income Provision Act older unemployed , 80 of the Disability Insurance Act (Wet op de Disability) , 27, First paragraph, of the Wet Work and Income to Labor Equity , 31, 1st Member , or 49 of the Health Act , as a result of which an excessive amount of benefit, sickness benefit, or supplement has been granted, wrongly or unduly.
7 By way of derogation from paragraph 5, the five-year period referred to in that paragraph shall be 10 years if, as a result of the earlier offence, referred to in paragraph 5, the worker has been penalised with an unconditional jail term.
8 The UWV may:
a. Reducing the administrative fine if there is a reduction in reproach;
(b) renounce the imposition of administrative penalty if there are compelling reasons for doing so.
9 The person to whom an administrative penalty has been pened shall be obliged to supply to the UWV the information which is important for the enforcement of the administrative fine.
10 In the case of general administrative measures, detailed rules on the level of the administrative penalty shall be laid down.
11 In the case of ministerial rules, rules may be laid down as regards the procedure for implementing the decision imposing the administrative fine.
12 By way of derogation from Article 8:69 of the General Law governing the administrative law the right to appeal or appeal may also alter the amount on which the administrative fine was determined, even to the detriment of the employee.
1 The UWV shall set off the administrative penalty with a benefit under this law, the Disease law , the Law employment and income to work , the Incapacity for work insurance , the Law for incapacity for the self-employed , the Law on incapacity for work of young handicapped persons , the Law on incapacity for work in the military , the Income Provision of the older unemployed , the Law Labour and Care or a surcharge on the basis of the Supplements Act The one that the offender receives.
2 Without prejudice to paragraph 1, the UWV may convert the administrative penalty with a claim against the person to whom the administrative penalty has been imposed on him.
3 The Social Insurance Bank shall pay the municipality the amount of the administrative fine, without the need for an authorisation, upon its request to the UWV if the offender receives a benefit on the basis of the General Old-age Law , the General Survivors Act , the Participation Act , the Income Provision of the elderly and partially unemployed unemployed workers or the Law on income provision older and partly incapacitated self-employed workers .
4 The in Article 479g of the Code of Civil Procedure The rights conferred on the Board of Children's Protection shall be applied equally to the UWV. If the UWV makes use of that jurisdiction, the notice of the order of enforcement shall be made by way of derogation from Article 4:123, 1st paragraph, of the General Administrative Law Act , by means of transmission by post to the person to whom the fine has been imposed.
5 As long as the offender is his obligation, intended to Article 27a, ninth paragraph , not properly, or not properly,
a. is the UWV by way of derogation from Article 4.93, fourth paragraph, of the General Law governing the administrative law competent to charge the administrative fine to the extent that the creditor would be seized upon the claim;
b. applies to the attachment free foot intended in the Articles 475c to 475th of the Code of Civil Procedure , by way of derogation from Article 4:116 of the General Administrative Law Act , not in the recovery of an administrative fine in the case of a warrant.
1 In netting specified in Article 27g, first paragraph , the administrative penalty is to be charged in Article 27a, fifth paragraph , by the UWV, by derogation from Article 4:93, fourth paragraph, of the General Law governing the administrative law , settled for a period not exceeding five years from the time of the day drawing on which the administrative penalty has been imposed.
2 Article 27g, first paragraph And the first paragraph shall apply mutatis mutandis to the payment of the administrative penalty for the same conduct as referred to in Article 1 (2). Article 27a, sixth paragraph , if and to the extent that at the time of reckoning referred to in the first member, the administrative penalty by the offender has not been paid.
3 The UWV may, at the request of the offender, decide not to apply the first and second members, or no longer, if, having regard to special circumstances, urgent grounds for doing so may be necessary.
4 The preceding paragraphs shall leave the settlement of the administrative fine on the basis of Article 27g, first paragraph Without prejudice to the period referred to in the first paragraph.
5 If, as a result of the settlement referred to in the first and second paragraphs, general assistance under the Participation Act shall be released on application by a ministerial order on application of the said Act in respect of costs of care, housing costs and the cost of children. The free share of the benefit may be made dependent on the living situation.
6 For the purpose of applying the fifth paragraph, detailed rules may be laid down by means of a ministerial arrangement.
7 The released part referred to in paragraph 5 shall not be open for confiscation, including confiscation of natural persons under the bankruptcy or application of the debt-anting scheme.
If the UWV has temporarily or permanently refused, in whole or in part, the benefit of the benefit under this law, or has imposed an administrative penalty, the UWV shall inform the reintegration company that work aimed at increasing the possibilities of employment or occupational integration, in so far as it is necessary to carry out the work carried out by the reintegration company.
If the UWV is a measure referred to in Article 27 has imposed, put it in the event of a revival of the right to benefit as intended Article 21 A refusal to grant the benefit.
A decision to review the benefit shall be the subject of a communication of the revision and, in an annex, of the amended rights and duties of the employee, as regards such revision.
1 The UWV shall pay the benefit to which it is entitled under this Law.
2 The UWV suspends payment of the benefit or suspends payment if, on the basis of clear indications, it considers whether it has reasonable grounds for suspicion that:
a. The right to benefit does not exist or no longer exists;
b. entitlement to a lower benefit exists; or
(c) an obligation on the worker, on the basis of the Articles 24 , 25 or 26 imposed, has not been complied with.
3 If a reintegration company has reported to the UWV that the presumption exists that a person to whom a benefit under this Law has been granted does not provide sufficient cooperation with regard to the activities of the reintegration firm, the UWV shall decide on the total or partial suspension or suspension of the payment of the benefit to that person for the duration of not more than eight weeks.
4 The UWV shall inform the reintegration company of a decision to suspend or suspend as referred to in the third paragraph.
1 Is known from the claimant or recipient of a benefit to the UWV an address in the Netherlands, whereas in the basic registration persons are automatically admitted to have left for an unknown country of residence, the UWV shall ask him to a different registration in the basic registration persons shall be removed within a reasonable time.
If at the end of that period, the different registration has not been terminated or if the basic registration does not show that the college of the mayor and the mayor of the municipality concerned is to examine the information relating to the address in question The UWV suspends the payment of the benefit to the person, who is entitled to the benefit.
3 The suspension shall be terminated as soon as it has been established that the person referred to in the second paragraph is resident or staying abroad or that an address in the Netherlands has been included in the basic registration.
4 If the examination of the college of mayor and aldermen is completed and the person referred to in paragraph 2, in the basic registration persons, remains of its own motion with information on the departure from the Netherlands, the UWV shall suspend payment may be made available abroad or an address in the Netherlands is included in the basic registration.
1 The UWV shall not pay an advance payment on the benefit of periods in which the salary is not paid in connection with a dispute between the worker and his employer regarding the existence of the worker's illness.
2 In so far as is not otherwise provided by or under this Act, an advance payment shall be considered a benefit under this Act.
The benefit that has not been received or has been recovered within three months from the day of payment of payment is no longer paid. The UWV is empowered to derogate from the three months mentioned in the first sentence in special cases for the benefit of the employee.
1 The UWV shall pay the benefit as a rule by calendar month afterwards.
2 By way of derogation from paragraph 1, the UWV shall be entitled, at the employee's request or on his own initiative, to pay the benefit for a shorter period, if the worker received a salary over that shorter period.
3 By way of derogation from the first paragraph, the UWV shall pay to the worker who is unemployed as a result of the termination of his employment and in whose daily holiday allowance is calculated as a part of the allowance as an annual holiday allowance in the form of a May of May on the month preceding that month or, if the right to benefit ends in full earlier than in the month of May, in the month in question. The holiday allowance shall be 8/108 of the benefit.
4 If the percentage of the holiday benefit referred to in Article 15, first paragraph, of the minimum wage law and minimum holiday allowances , is amended, this changed percentage shall replace the numerator and the number above the hundred instead of the denominator of the breakage mentioned in paragraph 3. The amended rate shall be taken into account for the benefit to which the amendment takes effect from the date on which the amendment goes into effect.
5 The payment of the holiday fee shall be paid without it being determined by decision.
The benefit is not paid over periods of 26 weeks prior to the day on which the application for payment was made. The UWV is empowered to derogate from the first sentence in special cases.
1 The benefit arising as a result of a decision Article 22a or 27 has been paid unduly, and otherwise unduly paid shall be recovered by the UWV.
2 A benefit that has not been paid to the employer shall be recovered from the employer by the UWV if the employee is entitled to pay over the hours covered by the unchargeable payment.
3 By way of derogation from paragraph 1, the UWV may decide to waive recovery or any further recovery if the person to whom it is to be recovered:
(a) has been fully committed for a period of five years;
(b) for a period of five years not fully committed to his payment, but the outstanding amount over that period, plus any legal interest due thereon and the costs relating to recovery, has paid;
c. has not made any payments for five years and is not likely to engage in it at any time; or
d. An amount, corresponding to at least 50% of the residual sum redeemed at one time.
4 The period referred to in paragraphs (a), (b) and (c) of paragraph 3 shall be 10 years if the recovery is due to the failure to comply or not properly of the obligation referred to in Article 4 (2) of the Article 25 .
5 The period referred to in paragraph 3 (a) and (b) shall be three years if:
a. the average income of the person concerned during that period, the attachment of the ground in the Articles 475c and 475d of the Code of Civil Procedure has not been exceeded; and
b. Recovery is not the result of failure or failure to properly discharge the obligation, referred to in Article 25 .
6 If there are compelling reasons for this, the UWV may decide to waive recovery, in whole or in part, from recovery.
7 The person from whom recovery is to be recovered shall, at the request of the UWV, provide the information which is important for the recovery.
8 By way of derogation from paragraph 1, the UWV may, under the conditions which our Minister may state, decide to waive recovery if the amount to be recovered does not exceed a sum to be determined by Our Minister.
1 The UWV may amount to the unowed paid benefit referred to in Article 36, first and second paragraphs ...........
2 Article 27g shall apply mutatis mutandis, provided that, where the average income of the party concerned is, for a period of three years, the attachment of the same use in the articles of the goods concerned, 475c and 475d of the Code of Civil Procedure The UWV has not gone beyond the amount of redemption.
A ministerial arrangement may lay down rules on the method of implementation of the decision finding that the payment of the payment is not due.
1 By way of derogation from Article 36, first paragraph , at the request of the employee, the UWV may decide to waive recovery or part of the recovery, in part, by cooperating with a debt scheme, if:
a. It is reasonable to foresee that the employee will not be able to continue to pay his debts or if he is in the condition that he has ceased to pay;
b. It is reasonable to foresee that, subject to the claims referred to in paragraph 2, a debt settlement of the other creditors will not be established without such a decision;
c. a claim to the UWV reliable proposal for a debt settlement has been established through the intervention of a debt aid provider as referred to in Article 3 (2) of the Treaty. Article 48 of the Consumer Credit Act ;
d. It is likely that cooperation in a debt scheme does not distort competition; and
e. division under the debt settlement shall be carried out in accordance with Article 349 of the Bankruptcy Act .
2 The first paragraph shall not apply if a claim arose from the failure to comply with the employee of the obligation, intended to Article 25 , and for this a fine as intended in Article 27a has been imposed or has been declared on the basis of the failure to comply with that obligation Penal code .
3 The decision to refrain from recovery or recovery shall be withdrawn or modified to the detriment of the worker if:
(a) a system of debt which meets the requirements of the first paragraph not within 12 months of publication of that decision;
b. The employee is debt to the UWV not in accordance with the debt settlement; or
c. incorrect or incomplete information has been provided and the provision of correct or complete data would have led to a different decision.
4 By ministerial arrangement, detailed rules may be laid down in respect of this Article as to the power to cooperate in debt arrangements.
A claim by the UWV as intended Article 36 and 36c is privileged and follows immediately after the claims, intended in 288 of Book 3 of the Civil Code .
In the event of the UWV, a benefit granted to a public employee under this law, the Disease law , the Incapacity for work insurance , the Law employment and income to work or Chapter 3, Section 2, Section 1, of the Law of Work and Care , or a surcharge on the basis of Supplements Act pay to a public employer with the purpose of paying the benefit or supplement by means of his intervention:
(a) the benefit or supplement referred to is not increased by the amount of the premium payable by the employer on the basis of Article 24, second paragraph, of the Social Insurance Financing Act and shall be reduced by the proportion of the premium payable by the public worker or former public employee of the premium under that paragraph;
b. by way of derogation from Article 11, second paragraph , Article 10, third paragraph, of the Disability Insurance Act (Wet op de Disability) , and Article 11, third paragraph, of the Health Act , insofar as those Members relate to the premium provided for in Article 24, second paragraph, of the Social Insurance Financing Act , the government employer is not in the place of the UWV.
1 For the receipt and discharge of the payment of the benefit, a minor shall be equal to the age of the majority.
2 If the legal representative of the minor opposes payment to the minor in writing at the UWV, the benefit shall be paid to the legal representative.
1 If the person to whom a benefit is granted is entitled to provide or benefit from care as referred to in the Long-term care law and under that law a contribution to that care is payable, the UWV shall be entitled to the benefit of that contribution, rather than to the person to whom the benefit was granted, without having to pay the benefit of the benefit to the Zorginstitute. Netherlands, named in Article 58, first paragraph, of the Zorginsurance Act .
2 If the person to whom a benefit has been granted has been admitted to an establishment for the care of the mentally ill or of the mentally retarded and the UWV, of the institution or of the college of mayor and of the municipality of the commune which The Commission shall be empowered to grant the allowance to that establishment or to the municipality. The UWV shall be empowered to grant such a request without the lodging of any other conditions.
3 Where the first paragraph is applied, the jurisdiction referred to in paragraph 2 shall apply to the part of the benefit, which shall not be paid to the Netherlands Zorginstitute.
4 A revision of the benefit under the first paragraph as a result of a change in the fee due shall be made without the decision being taken at the disposal of the Member State.
1 The benefit is inalienable and not susceptible to forage or sexual assault.
2 An authorisation to receive the benefit, under whatever form or name is granted, shall always be revocable.
3 Each clause, contrary to the first or second paragraph, shall be null and void.
The benefit is not paid if it is usually less than an eighth part of the minimum wage per month.
1 The duration of benefit shall not be less than three months and no more than 24 months from the first day on which the right to benefit has been incurred.
2 If the employee:
a. shows during the period of five calendar years immediately preceding the calendar year in which its first day of unemployment is situated, in at least four calendar years in respect of 52 days or more days per calendar year respectively, in respect of 208 or more hours have received wages per calendar year, which will determine 52 days or more for 1 January 2013 and 208 or more hours from 1 January 2013; or
b. immediately prior to or on his first day of unemployment is entitled to a benefit under a law as mentioned in Article 19, first paragraph, part b, c or d ;
1 ° is the benefit period one month for each calendar year of work history, in so far as the working age is not more than 10 calendar years; and
2 ° the duration of the benefit is extended by half a month for each calendar year for each calendar year after 2015 and a month for each calendar year for each calendar year for the period of 2016. When calculating the benefit period, the months and half months shall be added together and if that calculation does not result in a whole number of months, it shall be half a month before 15 calendar days.
3 In determining the period of benefit under the first and second paragraphs, periods of entitlement to benefits shall continue to exist on the basis of Article 18, first paragraph No consideration.
4 If the duration of the work history for 2016 is not expressed purely in a number of whole calendar years, the quarter, half or three-quarters of a calendar year shall be considered to be situated after 2015.
5 If the duration of the work history is not expressed purely in a number of calendar years after 2015, the duration of the work history is rounded down to the whole of calendar years.
6 The working past, referred to in the second paragraph, shall be calculated by aggregating:
a. the number of calendar years, starting from and including 2013 to the calendar year immediately preceding the calendar year in which his first unemployment day is situated, in which the employee received a salary of 208 or more hours of pay;
b. the number of calendar years, from and including 1998 to 2013, over which the employee received a salary of 52 days or more; and
c. the number of calendar years from and including the calendar year in which the employee reached his 18th birthday until 1998.
7 A calendar year shall be taken into account in the calculation referred to in paragraphs (a) and (b) of paragraph 4 if, according to the information referred to in point (b), Article 33d of the Act implementing organisation work and income , in that calendar year, the employee received about 208 or more hours of pay, respectively, over 52 or more days of pay.
1 For the purposes of applying Article 42 shall be treated in the same way with days on which earnings have been received or with eight hours of receipt of pay:
(a) days where entitlement to benefits corresponding to the nature and scope of benefit has been payable on the basis of the benefits of the Law employment and income to work or with a benefit based on the Incapacity for work insurance to the extent that the benefit is granted to incapacity for work of at least 80%, respectively, for periods in which the person is only able to earn by labour a maximum of 20% of the standard of measure in respect of which the benefits are payable Article 1 of the abovementioned Act ;
b. days on which a person receives a benefit on the basis of Chapter III of the Military Incapacity Facility , calculated on the basis of a incapacity for work of at least 80% or of an allowance under that chapter, whether or not increased by the incapacity for incapacity for work is 70% or more of the dagloon, to which the benefit of the incapacity for work is or would have been calculated.
2 For the purposes of applying Article 42 are not already considered calendar years in which a person is entitled to child benefit on the basis of Article 7 of the General Child Allowances Law or any other family benefit as referred to in Article 3 (1) of Regulation (EC) No 1408/71, 883/2004 of the European Parliament and of the Council of the European Union of 29 April 2004 on the coordination of social security systems (PbEU 2004, L 166) for a child belonging to his household and the child who, at the start of that calendar year, does not reach a maximum of five years, equivalent to one-half of the calendar years in which wages have been received in respect of 52 days or more and 208 or more hours of earnings are received respectively. The person referred to in the first sentence shall be regarded as a 'caring person'.
3 For the purposes of applying Article 42 shall not be taken into account for calendar years from and including the calendar year to be determined by ministerial arrangement, in which a person receives income for the provision of care under a person-related scheme budget, which is founded on Article 3.3.3 of the Act on long-term care or to provide support for a person-related budget as referred to in Article 4 (2). Article 2.3.6 of the 2015 Social Support Act , for half the same period as the calendar years in which wages have been received in respect of 52 days or more or 208 or more hours of pay respectively, unless he receives this income from work as referred to in Article 3 (1). Article 6, first paragraph, part e . The first sentence shall apply only if the person referred to in the first sentence demonstrates that such provision of care fulfils these conditions or has satisfied it. That person is considered to be a nursing person. Detailed rules for the implementation of this paragraph may be laid down by Ministerial Regulations.
4 The second and third paragraphs shall not apply where the nursing person is entitled, for a period of more than half a year, for a period of more than half a year as a worker within the meaning of a legislation relating to unemployment, to benefits in respect of the benefit of the person concerned. unemployment or wage-related payment on the basis of Chapter 7 of the Law on Employment and Income to Work .
5 For the purposes of the second paragraph, the following shall be added:
a. 'Child' means a child of his own, taken to a child, or foster child;
b. "a foster child" means a child who is maintained and raised as a child of their own.
6 For the purposes of applying Article 42 shall be treated, up to a maximum of 18 months, on which an employed person has enjoyed unpaid leave, treated in the same way as days on which earnings have been received or with eight hours of receipt of the salary.
7 For the purposes of this Article and of Article 42 shall not be regarded as pay a benefit:
a. under this Act, with the exception of a benefit based on Chapter IV of this law;
b. on the basis of Chapter 7 of the Law on Employment and Income to Work , with the exception of a benefit to the person who is only able to earn by labour a maximum 20% of the standard of measure, intended in Article 1 of that Act ;
c. on the basis of the Incapacity for work insurance , calculated according to an incapacity for work of less than 80%; or
(d) which, by its nature and scope, corresponds to a benefit specified in subparagraphs (a), (b) or (c).
8 For the purposes of this Article and of Article 42 shall not be considered as pay:
a. The advantage of making a car available for private purposes, intended to be used in the Article 13a of the Law on payroll 1964 ;
b. a benefit under a life-plan provision as referred to in Article 3 (1) of the Treaty; Article 39d of the Law on Pay Taxation 1964 .
9 In the case of a general measure of management, rules may be laid down:
a. To determine the number of days or the number of hours on which earnings are received, Article 42 ;
b. under which to determine the number of 52 days or to the number of 208 hours specified in Article 42 , days or hours on which no pay has been received, other than those referred to in the sixth paragraph, shall be treated in the same way as days or hours of receipt of pay.
1 If the right to benefit has ended and then a new right to benefit has arisen, without that to the condition, referred to in Article 42, second paragraph, part a or b , the duration of that new duty shall be extended by:
a. the remaining period of the closed right, if the employee has received a benefit on the basis of that terminated law for at least three months;
b. the duration of the terminated entitlement to which three months are deducted, if the employee has received a benefit in less than three months on the basis of that terminated law.
2 The first paragraph shall not apply to the extent that the earlier right had ended on the basis of Article 20, first paragraph, part a or c , and on the basis of Article 21 would not have been taken into account for the revival of the periods referred to in the latter Article.
1 The person who was on the day, immediately preceding the first day of unemployment, employee within the meaning of this law, becomes for the application of the Articles 42 and 42a considered to be an employee within the meaning of this Act during the period of time in which he:
a. before 1 January 1987 as an employee within the meaning of the Unemployment Act or the Law On Unemployment such as those laws were in service on 31 December 1986, or has fulfilled its military service or replacement service;
(b) from 1 January 1987, had an employment relationship in respect of which he was insured by the State of invalidity pension.
2 With respect to the person, intended in Article 17c, fourth paragraph , the first paragraph, part a, shall apply mutatis mutandis.
1 If the first unemployment day is located on or after 1 January 2016, and the calculation of the number of calendar years accumulated on the basis of Article 42, second paragraph , more than 24, the benefit is calculated as follows: A-B, by way of derogation from Article 42. The result shall be expressed in a number of months of work history and shall be at least 24 months. It reads:
A for the number of calendar years that existed or would have existed on 1 January 2016 in the past on the basis of Article 42, sixth paragraph , with a maximum of 38; and
B for the number of calendar quarters with effect from 1 January 2016 up to and including the calendar quarter in which the first day of unemployment is situated.
2 This Article shall expire with effect from 1 April 2019.
1 each time after the right to benefit has been reenlified after the end of that right on the basis of Article 21 , the benefit ends so much later than the Article 42, first, second and third paragraphs That period as the period between the end and the revival of entitlement to benefit has lasted.
2 For the person, intended in Article 29, second paragraph, part d, introductory wording and below 1 °, of the Law on sickness who, earlier than the first day of the fourteenth week of the incapacity to work, receives a benefit under that law for the establishment of the period between the end and the revival of the right to the right of the period during which the sickness benefit is paid out during the first 13 weeks of incapacity for work, no account being taken of it.
3 For the person, intended in Article 29, second paragraph, part (e) or (f) of the Law on Disease Control The first 13 weeks in which the person receives a benefit on the basis of the first 13 weeks of entitlement to benefit shall be the first 13 weeks in which the person is to receive benefits for the period between the end and the resurgence of entitlement to benefit. Disease law are not taken into account.
For the purpose of determining the period of 13 weeks referred to in paragraph 3, periods for which payment is made on the basis of the Disease law shall be counted cumulated, if they succeed each other with a break less than four weeks.
5 Article 19, second paragraph , shall apply from the second to fourth members.
The benefit under this chapter is calculated on the basis of the daily wage.
1 The allowance under this law shall be per calendar month:
a. 0,75 x (A-B x C/D)-E over the first two months in which entitlement to benefit exists; and
b. 0,7 x (A-B x C/D)-E from the third month in which entitlement to benefit exists.
It reads:
A for the monthly wage;
B for the income in a calendar month;
C for the dagloon;
D for the dagloon to which the benefit would have been calculated if it were not to be capped at the Article 17, first paragraph, of the Social Insurance Financing Act the amount referred to in respect of a wage period of a day; and
E for income related to employment.
2 In the case of a general measure of management, the term 'employment' referred to in paragraph 1 shall be defined as the term 'employment'.
If the employee participates in a training or training necessary for him in the judgment of the UWV and the right to benefit under the Article 76 continue to be deducted from the amount of the benefit from the income from or in connection with the training or training provided that it exceeds the amount to be determined by our Minister in accordance with ministerial arrangements.
1 If the employee has obtained permission from the UWV to perform work as intended Article 77a, first paragraph To be carried out, the benefit for the duration of that authorisation shall be reduced by 29% of the benefit, or by a lower percentage of the benefit to be determined by a general measure of management.
2 With effect from the day on which the employee who obtained the approval of the UWV to work as intended Article 77a, first paragraph To be carried out in breach of Article 77a (d), the benefit shall be reduced for the remainder of that authorisation by 100% of the benefit.
1 The UWV shall, at its request, grant to the voluntary unemployment insurance scheme the person, under the age of retirement, who is under the age of the person concerned, under the terms of the pension Article 3, second, fourth and fifth paragraphs , is not considered to be an employee, and
(a) whose employment has ended and who resides outside the Netherlands, fulfils, directly on the termination of his employment, a service for a maximum period of five years and whose employer is resident or established within the Netherlands is;
b. who is Dutchman and who has been sent to perform work for the development cooperation organisations to be established by our Minister in agreement with our Minister of Foreign Affairs;
(c) who is a Dutchman who has been sent to work in or outside the Netherlands for an international organisation of international law, of which the Netherlands is a member or whose work is supported by the Netherlands;
(d) who lives in the Netherlands, and carries out a service outside the Netherlands; or
e. that Dutchman is, outside the Netherlands, works financed by the State and are also commissioned by the State in the context of statutory obligations or implementing an international treaty; or an equivalent agreement or a decision of an international organisation.
2 The UWV, at its request, allows voluntary unemployment insurance to be the person, under the age of pensionable age, whose employment relationship is based on Article 6 (c) , is not considered to be a service.
3 Before the performance of a service referred to in paragraph 1 (a) (a), the person must, for a continuous period of at least one year, have the status of an employed person.
4 The person, who is a national of one of the Member States of the European Community or is a national of a State, with whom the Netherlands is a member of the Netherlands, shall be regarded as the person who is a national of one of the Member States of the European Union. has closed security, provided he lived before he was broadcast in the Netherlands.
1 The request for admission to voluntary unemployment insurance is filed with the UWV.
2 The application for admission as referred to in paragraph 1 shall be lodged:
a. By the in Article 53, first paragraph, part a , person referred to: within 13 weeks of the day on which his employment has ended;
b. by the in Article 53, first paragraph, part b, c and e Person: within 13 weeks of the day of his departure abroad, or, if the Article 53, first paragraph, part c This work is to be carried out in the Netherlands within 13 weeks of the day on which the work has started;
c. by the in Article 53, first paragraph, part d , person referred to: within 13 weeks of the day on which his activities outside the Netherlands have begun.
3 The UWV is empowered to declare that a request for admission to voluntary unemployment insurance, submitted after the deadline set pursuant to the second paragraph, has been received in due time, if the person who made the request is reasonable may be considered to have been in default.
4 Voluntary unemployment insurance shall commence:
a. for the in Article 53, first paragraph, part a , person referred to: on the day following the day on which his employment has ended;
b. for the Article 53, first paragraph, part b, c and e person referred to: either on the day of his departure abroad or, if the person Article 53, first paragraph, part c This work shall be carried out in the Netherlands on the day on which such work has started;
c. for the Article 53, first paragraph, point (d) , person referred to: on the day on which his activities began;
d. For the Article 53, second paragraph , person referred to: on the day of receipt of his request for admission.
Admission of a person to voluntary unemployment insurance takes place only if, at the same time, he voluntarily assures himself on the basis of the Disease law . The obligation laid down in the first sentence does not apply where the person concerned is entitled to pay or to pay when it is a matter of sickness, pregnancy or childbirth.
The person admitted to voluntary unemployment insurance shall be considered an employed person for the purposes of this Act for the duration of that insurance.
The UWV terminates voluntary unemployment insurance:
a. at the request of the voluntarily insured person, with effect from a date to be determined by him;
b. starting from the day, on which the five-year period referred to in Article 53, first paragraph, part a , has elapsed;
c. from the day on which the work is intended to Article 53, first and second paragraphs shall be terminated;
d. as of the day on which the voluntary insured person is compulsable under this Act;
e. if the premium payable over a period of two full calendar months has not been paid in full or in a timely way; or
f. if no longer meets other requirements for admission to voluntary insurance, intended in Article 53, first paragraph .
The person, intended to Article 53, first paragraph, part a, b and c , who is unemployed, first is entitled to benefits after returning to the Netherlands.
1 The person, who shall apply for admission to voluntary unemployment insurance, shall determine at the start of voluntary unemployment insurance the height of the dagloon, except that it shall not exceed:
a. the amount, intended to be Article 17, first paragraph, of the Social Insurance Financing Act , with respect to a pay period of one day may be increased or reduced by virtue of Article 18 of that Act ; and
b. the wage or income he derers in the case of unemployment in the judgment of the UWV.
2 For the purpose of determining the amount of entitlement to benefit under voluntary unemployment insurance, if necessary by derogation from Article 1b, first paragraph , and the provisions based thereon, shall mean the dagloon referred to in the first paragraph.
The UWV shall lay down detailed rules for voluntary unemployment insurance. These rules shall, in any event, contain provisions concerning:
(a) admission to voluntary unemployment insurance;
b. the end of voluntary unemployment insurance;
c. the dagloon intended in Article 58, first paragraph .
Save as otherwise provided by this Chapter, the other articles of this law and the provisions based thereon shall apply mutatis mutandis, mutatis mutandis, to entitlement to benefits, and to the right to benefit from the right to benefit from the provisions of the law. payment of benefits, payment of the benefit, the amount and duration of the benefit under this Chapter.
An employee shall be entitled to benefits under this chapter if he/she is declared by an employer who is in a state of bankruptcy, who has been granted payment of payment, in respect of whom the debt restructuring scheme is is applicable, or otherwise in the lasting condition that he or she has ceased to pay, pay, pay a holiday, or have a holiday benefit or if he is liable to be adversely affected by the fact that the employer is in the form of his related to the employment of the employee to third parties, does not have paid.
1 An employee's survivor's relationship is entitled to benefit under this chapter for the period from the day following death to one month after the date of death, equal to the salary of the worker as last amended by law. granted, but not more than one and a half times the amount referred to in Article 17, first paragraph, of the Social Insurance Financing Act , with regard to the pay period of one day, multiplied by 21.75, if she is of an employer, who is in a circumstance as referred to in Article 61 , to claim an excess of death. If the salary which the employee was last granted was more than the result of the calculation referred to in the previous sentence, the elements constituting the remuneration shall be paid proportionally.
2 Article 674, third and fourth member, of Book 7 of the Civil Code and Article 63 shall be applicable mutatis mutandis in respect of the right to benefit under this Article. The Articles 19 , 20 , 21 , 64 and 65 shall not apply in respect of the right to benefit under this Article.
1 No right to benefit under this Chapter has the employee, whose employment with the employer had already ended before the employer came to be in a state of the same kind as intended for employment. Article 61 Unless:
a. there is a clear consistency between the circumstances leading to the end of the service and the circumstances which led to that condition; or
b. the employee has a right to pay, holiday pay, holiday benefit or other amounts as intended. Article 61 , which is not related to a condition as referred to in Article 61 and that cannot be made applicable solely because of that condition.
2 The employee or the survivors have no right to benefit if the application for benefit has been made after 26 weeks have elapsed from the day on which the employer is to be in a condition as referred to in the Article 61 The UWV is empowered to derogate from the first sentence in special cases.
3 The right to benefit under this chapter is entitled to the person, other than employee, to be entitled to benefits under this chapter. Articles 3 or 3a , which usually does work in the Netherlands for the employer, intended to Article 61 or 61a Provided that there is no right to benefit in another Member State of the European Union or in a country affiliated to the European Economic Area.
1 The employee, whose employer is in a condition as referred to in Article 61 , is required:
a. if there has been no timely payment of pay, holiday or holiday pay, within one week from the day on which he would normally have received this payment return to the UWV; and
b. Within a week from the day on which it must reasonably have been clear to him that his employer is the amounts, intended to Article 61 , has not been paid, to report to the UWV.
(2) If the worker has failed to fulfil an obligation under the first paragraph, or has not been properly discharged, the Implementing Institute shall refuse, on the basis of this Chapter, temporary or permanent payment of the benefit under this Chapter, whether or not it has been duly taken. Partially.
3 If, during the course of employment, the worker must reasonably have been clear, for the purpose of the provision of employment or of a change in the conditions of employment, that in relation to a situation of the kind in which the employment is Article 61 The second paragraph shall apply mutatis mutandis, whether or not only part of the payment of pay, holiday paid, holiday allowances, or to third parties is made in respect of the employment of the worker.
1 The right to benefit under this Chapter shall be calculated on a calendar month basis and shall include:
a. The wages for not more than thirteen weeks immediately prior to:
1 °. the day on which the service is terminated by dissolution;
2 °. the day on which the service ends with the agreement of mutual consent;
3 °. the day on which the service ends automatically; or
4 °. the day of denunciation of the service;
(b) the salary of up to the period of notice of cancellation or the period of termination applicable to the worker which would have been valid if that period had been taken on the date fixed by the second paragraph of the UWV under the second paragraph, except that: the under Article 40 of the Bankruptcy Law the period of time applicable to the employee, both in and out of bankruptcy, is not exceeded; and
(c) the holiday benefit, the holiday benefit and the amounts owed to the employer by the employer in connection with the employment of the worker, not more than the year immediately preceding the date of the entry in paragraph 1 (b) (b), 1 °, 2 °, 3 ° or the period provided for in subparagraph (b) ends.
2 With regard to paragraph 1 (a), the right to benefit under this Chapter shall cover the pay for not more than 13 weeks immediately preceding the day on which the judgment of the UWV is considered it should have been reasonably terminated or terminated if the service is not terminated or terminated later than the reasonably reasonable period of employment.
3 The amount of the benefit of the holiday allowance referred to in paragraph 1 (c) shall be calculated on the basis of the entitlement to holidays which the worker is entitled to at the end of the period of employment, except that the benefit is not more than the holiday money on the number of holidays he can acquire in a year in which he/she is a service to the employer, Article 61 , has and during which he has the right to pay for the full agreed working time.
4 In so far as the benefit relates to the salary referred to in paragraph 1 (a) and (b), the allowance shall be per calendar month, without the income referred to in Article 65, up to a maximum of 100% of the amount of the allowance amount, referred to in Article 17, first paragraph, of the Social Insurance Financing Act , multiplied by 21,75.
5 In so far as the benefit relates to the holiday allowance referred to in paragraph 1 (c), the benefit shall be equal to or less 8/108 part of the sum of one and a half times the amount per calendar month referred to in paragraph 1. Article 17, first paragraph, of the Social Insurance Financing Act , multiplied by 21,75.
6 In so far as the benefit relates to the holiday referred to in paragraph 1 (c), the benefit per day of the holiday covered by the holiday allowance is not more than 100/108 part of one and a half times the amount referred to in the first paragraph of this paragraph. Article 17, first paragraph, of the Social Insurance Financing Act .
7 If the salary referred to in paragraph 1 (a) and (b) relates to a period not ending on the first day of a calendar month, or not ending on the last day of a calendar month, the allowance shall be in that calendar month, without a charge of income as referred to in Article 65 , up to 100/108 part of one and a half times the amount referred to in Article 17, first paragraph, of the Social Insurance Financing Act , multiplied by 21,75 times the difference between, on the one hand, the total number of days in that calendar month and, on the other hand, the number of days in that calendar month before that period has been started or after that period has ended, divided by the total number of days in that calendar month. When determining the number of days in a calendar month, the Saturdays and Sundays shall be excluded.
8 If the benefit referred to in paragraph 1 (c) relates to a period not ending on the first day of a calendar month, or not ending on the last day of a calendar month, the allowance shall be paid in that period of payment of the amount of the benefit, calendar month, without charge of income as referred to in Article 65 , up to 100/108 part of one and a half times the amount referred to in Article 17, first paragraph, of the Social Insurance Financing Act , multiplied by 21,75 times the difference between, on the one hand, the total number of days in that calendar month and, on the other hand, the number of days in that calendar month before that period has been started or after that period has ended, divided by the total number of days in that calendar month. When determining the number of days in a calendar month, the Saturdays and Sundays shall be excluded.
9 If the benefit is reduced on the basis of the fourth or seventh paragraph, the difference between the different items of pay shall be paid proportionally.
10 If the employer has paid to the employee for the period referred to in the first paragraph, pay, holiday or holiday pay or paid an amount in connection with the service to a third party, it shall be that income component shall be allocated to a period prior to that period, if the employee or third person has a claim for payment of that income item on the employer over that prior period.
(1) Where the obligation to pay the wages, Article 64, first paragraph, part b , taken over by the UWV and the employee benefits from income in a calendar month, the benefit fixed under Article 64 (b), fourth or seventh paragraph, shall be multiplied by the result of (A-B)/A. It reads:
A for payment per calendar month if it were not capped on the basis of Article 64, fourth or seventh member ; and
B for income in a calendar month.
2 If the calculation referred to in paragraph 1 results in a negative amount, the benefit shall be zero.
1 The claims of the employee and third parties on the employer, referred to in Article 64, first paragraph , please proceed to the UWV, to the extent that these claims are met by the UWV.
2 The UWV removes the contributions payable by employers on the basis of Social insurance financing law on the benefit referred to in this Chapter, on the employer.
3 The claims of the UWV, referred to in paragraph 2, are privileged on all goods of the employer and shall exceed any privileges other than those of the employer. Articles 287 and 288 under a , as well as those of Article 284 of Book 3 of the Civil Code .
For the purposes of this Chapter:
a. 'wages' means all that the employer owes the worker in law with the exception of holiday pay and holiday allowances;
b. 'holiday and holiday allowances' means holiday vouchers, holiday stamps and other such securities; and
c. 'employee' means the person who is not regarded as an employed person solely because he has reached the retirement age or is older.
1 The Articles 17 , 17a , 17b , 18 , 19, first paragraph, points (e) to (m), third to sixth members, eighth member, and 10th to thirteenth member , 20, first paragraph, part c , 28 , 35 , 41 , 42 , 42a and 47 shall not apply to the right to benefit, the enforcement of the right to benefit and payment of the benefit under this Chapter.
2 Where otherwise provided by or under this Chapter, the other articles of that law and the provisions based thereon shall apply mutatis mutandis, mutatis mutandis, to entitlement to benefit, and to the right to benefit from the right to benefit from the provisions of the law. payment and payment of the benefit under this Chapter.
The public employer shall have the task of promoting the occupational integration of:
a. A person who is entitled to benefits under a service as a public employee with that public employer on the basis of Chapter II ;
b. a government employee who can show that the service will end within four months and of whom the UWV considers reasonable to assume that he will be entitled to a benefit on the basis of Chapter II .
The worker entitled to a benefit under this Law shall be entitled to support for labour-switching.
Our Minister is empowered to lay down rules on the basis of which, in cases to be adopted under those rules and subject to restrictions to be laid down by those rules, the worker is empowered to take part in an education or training course in day education.
(1) If the worker who is entitled to a benefit on the basis of Chapter II , participating in or participating in any training or training necessary for him, in the opinion of the UWV, remains the right to benefit under that chapter, according to rules to be laid down by our Minister.
2 In the rules to be laid down by Our Minister, which may be different for different groups of employees, rules and restrictions shall in any case be given as to the nature, extent and duration of training or training. referred to in the first and third paragraphs.
3 By way of derogation from paragraph 1, the right to benefit shall remain on the basis of Chapter II of the reassessed existence until the training or training necessary to the conclusion of the UWV has been completed, where the training or training is part of a re-integration programme as referred to in Article 1 (2). Article 30a, 4th paragraph, of the Act structure implementing organisation work and income , who, or a re-integration plan as referred to in Article 30a, sixth paragraph, of that Act Within three months of the date of reduction or withdrawal of the incapacity for work, drawn up for the duration of the benefit, and the period of training or training has been set up.
4 The term 're-assessed' referred to in paragraph 3 shall be understood to mean the worker whose incapacity benefit has been reduced or withdrawn as a result of the application of Article 34, fourth paragraph, of the Disability Insurance Act (Wet op de Disability) , Article 35, fifth paragraph, of the Law on incapacity for work or Article 3:28, fifth paragraph, of the Law on incapacity for work of young people with disabilities , or the person, intended in Article 2, third paragraph, of the Decision one time reassessment of incapacity for work , whose incapacity benefit has been reduced or withdrawn.
1 The UWV may grant permission to the employee, who is entitled to a benefit on the basis of Chapter II , to carry out unpaid work for up to six months on a test site in the case of an employer.
2 For the worker referred to in paragraph 1, the right to benefit shall remain on the basis of Chapter II existence, without prejudice Article 20, first paragraph, introductory wording and part b , during the period authorised to carry out such activities.
3 The unrewarded work in a test place are:
a. work, to which the worker is capable of being able to work with his powers and abilities;
(b) work, where the employer, for whom the pilot placement is carried out, has completed a liability and accident insurance scheme for the worker;
(c) activities which the worker has not previously unremunerated at a test site with that employer or his predecessor; and
d. work in which, in the view of the UWV, there is a real view of a service related to the unrewarded work of the same or larger size for at least 6 months.
4 If the activities referred to in paragraph 1 are interrupted for sickness, the period during which a sickness benefit is received shall not be taken into account for the purpose of applying that paragraph.
5 In the case of ministerial arrangements, detailed rules may be laid down for the implementation of the first to fourth members.
1 The UWV may authorise an employee to carry out activities in the pursuit of a business or self-employed person for a period of 26 calendar weeks, if:
a. It is likely that, in the future, the worker may be structurally in existence for such work;
(b) the work has not yet begun;
(c) the worker is entitled to benefits on the basis of Chapter II , other than on the basis of Article 18 ;
(d) no work shall be carried out on behalf of, for the benefit of, or under the responsibility of the employer, to whom the worker referred to in the first paragraph, immediately prior to the taking up of his unemployment as an employed person carried out;
e. this consent during the benefit period has not previously been granted to the employee.
2 For the worker referred to in paragraph 1, the worker shall remain without prejudice to: Article 20, first paragraph, introductory wording and part b , the right to benefit on the basis of Chapter II exist.
3 The worker who is authorised as referred to in the first paragraph shall be deemed to be an employee and shall remain as long as it takes the consent.
The employee, in respect of whom Article 75 , 76 , 76a , 77 or 77a shall be deemed to have been unemployed and remain unemployed for as long as that application takes effect.
The UWV may be the employee, who is entitled to a benefit on the basis of Chapter II , and for whom the likelihood of occupational integration is low and which is therefore not at present mediable in the labour market, additional work has been carried out for up to two years. Article 10a, second to tenth paragraph, of the Participating Act shall apply mutatis mutandis.
1 The UWV shall refer to the public employer to whom the provision of employment was made by virtue of which the public employee receives the benefit referred to in subparagraph (a):
a. the based on Chapter II payment of the benefit payable to that employee, except for the premium payable on a benefit, as referred to in Article 24, second paragraph, of the Social Insurance Financing Act ;
b. the contributions payable by the UWV under any law on the benefit referred to in subparagraph a (a), and the income dependent contribution, specified in Article 42 of the Zorginsurance Act Which cannot be deducted from this benefit, with the exception of the premium payable on a benefit, as provided for in Article 24, second paragraph, of the Social Insurance Financing Act ;
c. the allowance, for the purpose of Article 110 of the Social Insurance Financing Act , which relates to the person who received the benefit referred to in subparagraph (a).
2 For the purposes of applying the first paragraph, the benefit does not include a benefit to a person:
(a) for whom a decision is to be considered to have been Article 4a of the Incapacity Insurance Act in which he is regarded as self-employed as a self-employed person in relation to the type of work carried out in the course of the first paragraph Article 4 of that Act ;
b. the public employer could not reasonably have been made clear that it was in private law or public law;
(c) which is received under this Law in the first 13 weeks of incapacity to work for the purpose of sickness. Periods of incapacity shall be aggregated if they follow each other with an interruption of less than four weeks or if they immediately precapate and join a period in which allowance is made in connection with pregnancy or childbirth Of Article 3:7, 1st paragraph , 3: 8 or 3:10, 1st member, of the Law Labor and Care Act be enjoyed, unless the unsuitability cannot reasonably be assumed to result from the same cause.
3 The total amount of the sums recovered from the State employer under paragraph 1 shall be deducted from the amount received by the UWV during that period by the application of the Article 36 -deductions from the costs relating thereto, to the extent that such application relates to benefits and contributions which have previously been borne by the public employer under that paragraph.
4 If, on the basis of the third paragraph, the total of the amounts recoverable from the public employer over the period in question is reduced, it shall be paid by the UWV to the public employer.
5 If the public employer does not exist in the first paragraph, for the purposes of application of the first to third members, the public employer shall be the legal successor of that State employer. The first sentence does not apply with regard to the post-bankruptcy legal successor.
6 The UWV may recover the amounts referred to in paragraph 1 in the case of a compulsory order.
7 The UWV may lay down detailed rules relating to the first to third and fifth members.
1 A decision to cover benefits, premiums or reimbursement referred to in Article 79, first paragraph No longer shall be given if more than five years have elapsed since the end of the calendar year in which they have been paid or paid off.
2 The amount of benefit, premiums or reimbursement, which is not recovered within 10 years of the decision to enter into the story, shall no longer be recovered.
3 The legal claim for the repayment of an unchargeable amount in respect of the story of benefit, premiums or reimbursement shall be subject to a limitation period of five years since the end of the calendar year in which the order is to be published. given.
The claim of the UWV for the purpose of the story as intended Article 79, first paragraph , is privileged on all goods of the employer and goes above all other privileges except those of the Articles 287 and 288 under a , as well as that of Article 284 of Book 3 of the Civil Code .
In the implementation of this Act the UWV is provided for.
The employee is insured at the UWV.
1 The UWV shall establish a system of benefit-related insurance against unemployment insurance.
2 Without prejudice to the provisions of this Act in this Act, the benefit rules shall contain provisions relating to:
(a) rules for effective control which must be taken in respect of workers;
b. rules relating to the enjoyment of holidays during the duration of the benefit;
(c) rules relating to payment of the benefit through the employer's intervention if, during unemployment, it continues to be paid;
d. other conditions, which are linked to receiving benefit;
e. paying part of the benefit in the form of contributions to social funds, including vouchers, stamps and certificates, issued or prescribed by the relevant fund; and
f. aggregation of benefit and income from or in connection with labor.
3 The system of benefits may not contain provisions which are contrary to this law and the provisions based thereon.
Between Our Minister and Our Minister of Finance should be agreed upon rules as referred to in Article 12 .
1 The UWV on the grounds of the Article 26, second paragraph , 59 and 79, seventh Member The rules which have been laid down require the approval of our Minister.
2 A system of unemployment insurance, defined by the UWV, referred to in the Article 101, first paragraph The approval of our Minister needs to be approved.
By way of derogation from Article 1: 2 of the General Law governing law, the employer is not an interested party in a decision of the UWV on being insured under this Act as intended in Article 127a, first paragraph .
1 Without prejudice Article 127a , decisions pursuant to this law and the provisions based thereon shall be taken within a reasonable period after receipt of the application.
2 The reasonable period of time shall, in any event, have elapsed when no decision has been taken within eight weeks of receipt of the application or a notification as referred to in the third or fourth paragraph.
3 If a decision cannot be made within the period of eight weeks, that period shall be extended by a reasonable period of time and the applicant shall be informed in writing.
1 An application to give a decision on insurance under this law may be submitted by the employee exclusively to the UWV. The UWV shall give the decision within 13 weeks of receipt of the application.
2 A decision on the payment of an advance on the basis of Article 31 or 4:95, 1st member, of the General Law governing law shall be given within four weeks of receipt of the application.
3 A decision on the basis of Chapter IV and the provisions based thereon shall be given within six months from the date of receipt of the application.
4 If a decision referred to in the first, second or third paragraphs cannot be given within the applicable time limit, it shall be notified in writing to the applicant and shall be given as soon as possible by the time limit within which the decision The decision can be seen.
By way of derogation from Article 7:10, 1st paragraph, of General Law governing law The UWV shall decide within thirteen weeks from the day following that on which the deadline for the submission of the notice of appeal has expired.
In the case of a general measure of administration, rules may be laid down for the treatment of objections to decisions on which a medical or employment assessment is based.
The objection or appeal of an employer against the story, referred to in Article 79, first paragraph , may not be based on the complaint that the benefit was found to be erroneously or to an excessive amount.
As regards decisions on which a medical assessment is based, the Articles 103 to 110 of the Act of Work and Income to Labor applicable mutatis mutandis.
1 Against judgments of the Centrale Raad van Beroep, any of the parties may appeal in cassation for the infringement or incorrect application of the Articles 2 to 12 and 14, first paragraph , and the provisions that were based on it.
2 The rules governing the appeal in cassation against the judgments of the courts of appeal in tax cases shall apply mutatis mutandis, with the Central Board of Appeal taking the place of a court of justice.
1 In the case of a general measure of administration, as an experiment, with a view to examining possibilities for the employment of workers entitled to benefits under this law, this law may be used Chapter II , to be carried out more effectively, shall be derogated from in respect of or by virtue of Articles 24 , 26 and 72 to 78 of this law. In the case of application of the first sentence, a general measure of management shall determine the procedures for diverting the provisions of those Articles.
2 An experiment as referred to in the first paragraph shall last for a maximum of four years. If, before an experiment has ended, a proposal of law has been submitted to the States General to convert the experiment into a structural legal arrangement, the experiment may be extended to the time when the proposal of law in - The first paragraph, second sentence, shall apply mutatis mutandis.
3 By ministerial arrangement rules may be laid down regarding the implementation of an experiment and facilities shall be affected for an experiment in sufficient unforeseen circumstances.
4 Our Minister reported to the States-General how the experiment went into practice, as well as his position on the continuation of the experiment, other than as an experiment.
5 The nomination for general measures of governance to be adopted pursuant to this Article shall not be done earlier than four weeks after the draft has been submitted to both Chambers of the States General.
1 The Articles 82, second paragraph , 82a, 1st Member , and 97c, 6th Member , as these articles were published on the day prior to the date of entry into force of the relevant provisions of the Importation Act Law financing social insurance , shall not apply if the service is entered into before 1 January 2002.
2 The Articles 82, third paragraph , 82a, second member , and 97c, seventh member , as these articles were published on the day prior to the date of entry into force of the relevant provisions of the Importation Act Law financing social insurance , shall not apply if the worker has, before 1 January 2002, fully or partially resumed his or her own employment or any other function with the same employer, or if his place of work for that date has been adjusted to preserve, restore or promotion of the employment opportunities of that worker.
3 As necessary, by way of derogation from the Articles 82, second, third and fourth members , 82a, first, second and third members , or 97c, sixth, seventh and eighth member , as these articles were published on the day prior to the date of entry into force of the relevant provisions of the Importation Act Law financing social insurance , the amount deducted from the premium payable by the employer and the premium reduction relating to the year 2002 may be fixed in 2003. Detailed rules may be laid down under this paragraph by means of a ministerial arrangement.
1 Chapter IIA, Section III As that stated on the day before the entry into force of the Law of 19 December 2003 amending the Unemployment Act in connection with the abolition of the Follow-up Allowance (Stb. 546), continues to apply to a right to benefit:
a. the first unemployment day of which is 11 August 2003;
b. incurred as a result of termination of service by denunciation, if the notice of denunciation took place before the date specified in subparagraph (a);
c. arises as a result of dissolution by the judge of the service, if the date on which the dissolution is pronounced is situated for the date specified in subparagraph (a).
2 The Articles 48 , 51 and 52 , as those luded on the day before the entry into force of the Act referred to in paragraph 1, shall continue to apply to the person:
(a) who, before 11 August 2003, had the right to benefit under that law, which ends or has ended on the basis of the work of an employed person, and which, on the basis of the work carried out on or after 11 August 2003, is a new person right to benefit, up to the moment when that first right without application of the Articles 43 and 50 would have lasted;
(b) to whom the first paragraph, part b or c applies, and whose right referred to in that paragraph ends or has ended on the basis of the pursuit of work as an employed person, and that of the work carried out on or after 11 August 2003 a new right to benefit, up to the time when that first right without the application of the Articles 43 and 50 would have lasted.
3 The Articles 15 , 35c , 52b, third member , and 52d, third to fifth members , as they have on the day before the entry into force of the Act referred to in paragraph 1, shall continue to apply to the rights referred to in paragraphs 1 and 2 respectively.
4 If denunciation referred to in paragraph 1 (b) is terminated, it shall be treated as referred to in the first paragraph. Articles 93 and 94 of the General Staff Regulations of Officials or a corresponding provision of a similar arrangement.
1 The Articles 42 and 17b , as they luded on the day before the entry into force of the Law of 4 November 2004 amending the Unemployment Act and the Law Structure Implementing Work and Income in relation to the replacement of fictitious work history by actual (ii) the past and the limitation of the welfare system Stb. 2004, 594, shall continue to apply to a right to benefit where the first day of unemployment is situated before or on that day.
2 By way of derogation from the first sentence of Article 17b, second paragraph , be used for the application of Article 17, introductory wording and part b, below 1 ° , not already taken into account calendar years from the period until 1 January 2005, in which a person is entitled to child benefit on the basis of Article 7 of the General Child Allowances Law or any other family benefit as referred to in Article 3 (1) of Regulation (EC) No 1408/71, 883/2004 of the European Parliament and of the Council of the European Union of 29 April 2004 on the coordination of social security systems (PbEU 2004, L 166) for a child belonging to his household and the child who, at the start of that calendar year, has not reached the age of five, equated to, and such calendar years over the period from 1 January 2005 to 1 January 2007 for three quarters are equivalent to, calendar years in which earnings have been received in respect of 52 days or more.
1 The articles 17a, first paragraph, part c , 17b, first paragraph, part a , 19, first paragraph, part m , 28, third member , 76, 1st Member , and the provisions based thereon, such as those in place on the day before the entry into force of the Law of 23 December 2004 amending certain social security legislation and any other acts relating to the application of certain laws, simplifications shall continue to apply to the worker who, before the date of entry into force of that Act:
a. following a training or training necessary for him, in the opinion of the UWV, or
b. a reintegration benefit as referred to in Article 23, first paragraph, of the Law on the Integration of the Disabled Persons , as that article has been received on the day before the entry into force of the Act referred to in the preamble,
for the duration of such training or training, respectively, that reintegration allowance.
2 By way of derogation from Article 76a Remain Article 130a and its dependation Temporary WW trial placement decision As they were in the day before the entry into force of the Law of 23 December 2004 amending certain social security legislation and any other legislation relating to the provision of some simplifications, applicable to the worker which, before the date of entry into force of that Act, carries out work in the framework of the Temporary WW trial placement decision -for the duration of that work.
The articles 92, parts g, h, and i , 93, part i , 97b, second member , 97th, part j , and 97f, part i , as they luded on the day before the entry into force of the Law of 28 April 2005 amending the Law of Labor and Care and any other laws in connection with the implementation of a right to long-term care leave and the provision of some improvements (Stb. 274) shall continue to apply for the duration of the period during which, under Article IXa of the said Law, there is a right to a financial concession on the basis of Chapter 7 of the Law of Work and Care .
1 An application as referred to in Article 4 of the Temporary Decree preemptive deployment of sector funds of an employee as referred to in Article 3 of that Decision shall be regarded as an application from 1 July 2005 for the purpose of the tasks to be carried out in the Article 72, first paragraph b , it will be executed.
2 A trajectory as referred to in Article 4 of the Temporary Decree preemptive deployment of sector funds that has been started before 1 July 2005 shall be considered as a journey from that date, as provided for in Article 72, first paragraph, point (b) , except that the duration of the journey is not prolonged.
3 The Articles 72 and 72a , as established on the day before the entry into force of the Law of 16 July 2005, amending the Unemployment Act in relation to the preventive deployment of reintegration instruments, the reintegration task of government employers, supporting WAO reassessed in training, subsidising WAJONG training and some other changes in laws relating to the reintegration instruments (Stb. 382), continue to apply to the person, who is entitled to benefit on the basis of Chapter IIa or IIb and of who is the first day of unemployment before 1 July 2005.
4 By way of derogation from the third paragraph Article 72a, fourth paragraph As that stated on the day before the entry into force of the Act referred to in paragraph 3, only expenditure incurred by the public employer relating to activities carried out until 1 July 2006 relating to the integration into the Community of the Member States of the Member States of the Member State concerned shall be subject to the provisions of the the employment process of persons as intended Article 78a .
Article 34 of the Act on the Statutory Revision Of Social Security and the provisions based thereon, such as those in place on the day prior to the day of entry into force of Articles VI and VII, of the Law on Administrative Lastening and Simplification in Social Insurance Laws, remain applicable on the person whose right to benefit under this Law arose before the date of entry into force of those Articles, in respect of that benefit.
The period within which the status of worker can be retreated on the basis of Article 8, second paragraph , no more than 38 months shall be for the person entitled to benefit under this law before the date of entry into force of Article 1 (BB) of the WW scheme Act.
1 The Articles 15 , 16 , 17 , 17a , 17b , 17c , 18 , 19 , 23 , 24 , 27 , 28 , 35c , 42 , 43 , 47 , 52a to 52i, 72 , 72a , 76 , 76a , 77a , 79, 1st Member , and 130 and the provisions based thereon, as they were based on the day before the entry into force of Article I (J) of the WW system change Act, continue to apply in respect of a right to benefits of which the first day of unemployment is located on or before that day.
2 If this has a longer duration of entitlement to benefit, the Articles 42 , 43 , 52g and 52h As those luded on the day before the entry into force of Article I, Part B, of the Act referred to in paragraph 1, up to five years after that day, applicable to the right to benefit of the person entitled to benefit on or before that day. (i) the right to benefit under that law, which ends or has ended on the basis of work as an employed person, and which receives a new right to benefit in respect of the work carried out after that date.
3 The Articles 16 and 31 and Chapter IV and the provisions based thereon such as those in the Act on the day before the entry into force of Article I (H) (1) of the Act referred to in paragraph 1 of this Article shall continue to apply in respect of a right to benefit of which the first day of the period, intended in Article 64, part a , as that said on that day, is located on or before that day.
4 The Articles 20 and 35 as in the Act referred to in Article 1 (O) (1) of the Act referred to in paragraph 1, on the day before the entry into force of this Article, they shall continue to apply to a loss of working hours which has taken place on or before that date as long as the deduction is made. of labour income on the basis of Article 35 As it was on that day.
5 The first member is for the application of the Articles 24 and 27 not applicable in respect of a revival of the right to benefit which has taken place on or after 1 October 2006.
For the application of Article 42b In determining the duration of a new right to benefit in respect of the person whose earlier right has arisen before 1 October 2006 for 'the duration of the extended benefit, the term' Article 42, second paragraph -from the earlier right in so far as the worker has not received any benefit due to the termination of that previous right ' read: the remaining period of the previous right in so far as the employee has not received a benefit on the benefit of the benefit of the benefit of the benefit of the pension as a result of the termination of that previous duty, less than three months.
The Articles 19 , 20 , 27 , 43 and 79, second paragraph , and the provisions based thereon as they were held on the day before the entry into force of Article I, part EE, of the WW Change Act Act continue to apply with regard to a right to benefit of the person whose first day to incapacity for work due to illness is situated on or before that day.
1 Article 64, fourth, seventh and ninth members , does not apply to pay, referred to in that article, in the weeks ahead of the day on which the parts V, X and Y of Article XXVI of the Act of Work and Security entered into force.
2 Article 64, fifth, sixth and eighth paragraphs , does not apply to the holiday and holiday allowances, to the extent that the part of the year referred to in Article 64, first paragraph, part c, is for the day on which the parts V, X and Y of Article XXVI of the Act of Work and Security entered into force.
3 In so far as the benefit is provided in Article 61a , relates to the period prior to the day of entry into force of the parts V, X and Y of Article XXVI of Law and security , the maximum amount referred to in Article 61a, first paragraph, shall not be a place.
Chapter IV and the provisions based thereon, such as these, on the day before the Act of 6 December 2007 amending Chapter IV of the Unemployment Act, to achieve some simplifications and grant death grant add (Stb. 2007, 545) shall continue to apply in respect of a right to benefit whose first day of the period, referred to in Article 64, first paragraph, part a , is situated on or before that date but on or after 1 October 2006.
1 Article 78a shall expire at a time to be determined by royal decree.
2 Article 78b shall expire at a time to be determined by royal decree.
1 With respect to the service relationship which entered prior to 1 January 2012 and for which an application for labour cost subsidy was submitted before 1 January 2012, the Articles 78a and 78b of this law, the provisions based thereon and Article 30e of the Act structure implementing organisation work and income As they were in place on 31 December 2011.
2 This Article shall expire five years after the day on which Article V, Section E of the Law of 21 May 2012 amending the Law Structure Implementing Organisation Work and Income related to Adjustment of the Services of the Implementing Institute workers ' insurances to employers and job-seekers and the removal of the Council for Work and Income as a legal entity governed by public law with a statutory task and of the Unemployment Act and any other laws relating to the termination of the employment commitment of the re-integration budget Unemployment law and wage cost subsidies is in operation has been.
Article 16, third paragraph As in the case of Article 1 (C) of the Simplification Act of the Act of Law, UWV continues to apply to the employee, whose employment has ended by dissolution at the request of the employer and the employer. date of the request for dissolution shall be the date of entry into force of this Article of that Law.
1 To the employee who, before the entry into force of Article I, Parts O and P of the Simplification Act, UWV with the consent of the UWV works as referred to in Article 77a, first paragraph , engaged:
a. Stay Article 35aa and the following provisions, such as those in place on the day before the entry into force of that Act, shall apply; and
b. is Article 35ab Not applicable.
Article 2 This Article shall expire 5 years after its entry into force.
1 Chapter II and the related provisions such as these in the day prior to the date on which the Article XXVI, Part S, of the Act of Work and Security has entered into force, shall continue to apply to a right to benefit which is the first day of unemployment for the day of its entry into force.
2 In the case of a general measure of management, provision may be made for a right to benefit on the basis of Chapter II as that chapter was used on the day before the date on which the Article XXVI, Part S, of the Act of Work and Security has entered into force, by way of derogation from paragraph 1, to be converted by the UWV into a right to benefit under this Act as it is to be replaced by the entry into force of this Act. Article XXVI, Part S, of the Act of Work and Security On the understanding that the duration of the benefit is not reduced by conversion, and the conversion is not earlier than half a year from the date of entry into force of this Article.
1 By way of derogation from Article 130z if a right to benefit is given on the basis of Chapter II , as that chapter was the day before the date on which Article XXVI, Part S, of the Act of Work and Security has entered into force, is in existence or reborn after that entry into force and exists or arises a right to benefit under that law, as it reads after that entry into force, the former right by the UWV to be converted into a right to benefit of this law as it reads after its entry into force, it being understood that the duration of the payment is not reduced by conversion and after conversion Article 24 of this Law and the provisions based thereon remain applicable as they did before the entry into force of the Act. Article XXVI, Part H of the Act of Work and Security .
2 In the case of a general measure of management, detailed rules shall be laid down concerning the conversion referred to in paragraph 1, determining the manner in which the dagloon is to be calculated in relation to such conversion.
1 This Act and the applicable provisions such as these in the day prior to the date on which the Article XXVI, Part S, of the Act of Work and Security has entered into force, shall continue to apply to a right to benefit on the basis of Article 18 which arose before the entry into force of Article XXVI, Section C, of the Work and Security Act.
Article 2 This Article shall expire on a date to be determined by Royal Decree.
1 This Act and the applicable provisions such as these were published on the day before the date of entry into force of the Act. Article XXVI, Part S, of the Act of Work and Security , continue to apply to a right to benefit on the basis of Chapter IV if the day from which an employer is in a condition as specified in Article 61 is located before the day of entry into force of Article XXVI, Parts V, X and Y, of the Act Work and Security .
Article 2 This Article shall expire on a date to be determined by Royal Decree.
1 This Act and the applicable provisions such as these in the day prior to the date on which the Article XXVI, Part S, of the Act of Work and Security has entered into force, continue to apply to benefits arising for the entry into force of Article XXVI, Section C, of the Act of Work and Security if unemployment has occurred in connection with the granting of a waiver of the prohibition reduce the working time under Article 8, third paragraph, of the Extraordinary Decision Labour Relations 1945 and as a result, a benefit is received on the basis of Chapter II of this law.
Article 2 This Article shall expire on a date to be determined by Royal Decree.
Article 42b, first paragraph , does not apply to the extent that the earlier right had ended on the basis of Article 20, first paragraph, parts a, b, c and d As that ushered on the day before the date on which the Article XXVI, Part S, of the Act of Work and Security has entered into force and has not entered into force pursuant to Article 21, as it was said on the day before its entry into force, for exceeding the time limits referred to in the latter Article.
The employer, which is required to act as Article 13 does not comply with, shall be punished with custody of up to one month or a fine of the second category.
A conduct contrary to a general measure of management issued under this Law, where expressly referred to as a criminal offence within the meaning of this Article, shall be subject to custody of a maximum of one month or less. the fine of the second category.
The Articles 131 and 132 Criminal offences described are offences.
This Act shall enter into force on a time to be determined by law or by law.
This law may be cited under the title " Unemployment law '.
Burdens and orders that are in the State Sheet will be placed, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.
Issued in Gravenhage, 6 November 1986
Beatrix
The Secretary of State for Social Affairs and Employment,
L. de Graaf
The Minister for Social Affairs and Employment,
J. the King
Issued on the 18th of November 1986The Minister of Justice,
F. Korthals Altes
