Unemployment law

Original Language Title: Werkloosheidswet

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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:

Chapter I. General provisions

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§ 1. General

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Article 1

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For the purposes of this Act and the provisions based thereon, the following definitions shall apply:


Article 1a

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  • 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.


Article 1b

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  • 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.

  • 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.


Article 2

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  • 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.


Article 2a [ Expestablished per 01-01-2001]

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§ 2. The employee

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Article 3

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  • 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.

  • 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.


Article 3a

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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.


Article 4

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  • 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.


Article 5

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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.


Article 6

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  • 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.


Article 6a [ Expired by 01-01-2005]

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Article 7 [ Expated by 01-01-2007]

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Article 8

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  • 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.


Article 8a

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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.


§ 3. The employer

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Article 9

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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.


Article 10

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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 .


Article 11

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  • 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.

  • 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.


Article 12

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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.


Article 13

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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.


§ 4. The wages

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Article 14

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  • 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.

Chapter II. Unemployment benefit

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§ 1. The conditions for entitlement to benefit

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Article 15

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Taking into account the Articles 16 to 21 and the provisions based thereon, the worker who is unemployed has the right to benefit.


Article 16

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  • 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 .

  • 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.


Article 16a

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  • 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.


Article 17

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  • 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.


Article 17a

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  • 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.


Article 17b

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  • (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.


Article 17c

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  • 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.


Article 18

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  • 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.


Article 19

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  • 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 .

  • 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 .

  • 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.


Article 19a [ Expired by 01-01-1998]

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Article 20

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  • 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.]


Article 21

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  • 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.


§ 2. The exercise of entitlement to benefit

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Article 22

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  • 1 The UWV sets out the right to benefit on an application or to benefit.

  • 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.


Article 22a

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  • 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.


Article 23

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  • 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.


Article 24

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  • 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.


Article 25

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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.


Article 26

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  • 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 26a

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Article 24, first paragraph, part b , does not apply to the inoperative referred to in Article 1, first paragraph, of the Social Employment Act.


Article 27

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  • 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.

  • 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.


Article 27a

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  • 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.

  • 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.


Article 27b [ Exfall by 01-07-2009]

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Article 27c [ Expired by 01-01-2013]

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Article 27d [ Expired by 01-07-2009]

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Article 27e [ Exfell by 01-07-2009]

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Article 27f [ Exfall by 01-01-2013]

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Article 27g

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  • 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.


Article 27h

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  • 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.


Article 27i

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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.


Article 28

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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.


Article 29

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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.


§ 3. Payment of the benefit

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Article 30

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  • 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.


Article 30a

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  • 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.


Article 31

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  • 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.


Article 32

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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.


Article 33

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  • 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.


Article 34 [ Verfalls per 01-07-2015]

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Article 34a [ Expired by 01-01-2007]

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Article 35

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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.


Article 35a [ Expat per 01-07-2015]

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Article 35aa [ Expale per 01-07-2015]

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Article 35ab [ Expired by 01-07-2015]

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Article 35b [ Expat per 01-07-2015]

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Article 35c [ Verfall by 01-10-2006]

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Article 36

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  • 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:

  • 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.


Article 36a

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  • 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.


Article 36b

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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.


Article 36c

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  • 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.


Article 36d

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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 .


Article 37

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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:


Article 38

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  • 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.


Article 39

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  • 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.


Article 39a [ Expaed by 31.12.1997]

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Article 40

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  • 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.


Article 41

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The benefit is not paid if it is usually less than an eighth part of the minimum wage per month.


Article 41a [ Expired by 01-01-1995]

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§ 4. The duration of the benefit

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Article 42

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  • 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.


Article 42a

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  • 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:

  • 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.


Article 42b

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  • 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.


Article 42c

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  • 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.


Article 42d

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  • 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.


Article 43

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  • 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.

  • 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. The amount of the benefit

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Article 44

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The benefit under this chapter is calculated on the basis of the daily wage.


Article 45 [ Verfalls per 01-07-2015]

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Article 46 [ Verfalls per 01-07-2015]

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Article 47

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  • 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'.


Article 47a

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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.


Article 47b

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  • 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.


Article 48 [ Verfalls per 01-01-2004]

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Article 49 [ Expired by 01-01-2004]

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Article 50 [ Expated per 01-01-2004]

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Article 51 [ Verfalls per 01-01-2004]

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Article 52 [ Expired by 01-01-2004]

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Chapter III. Voluntary insurance of unemployment benefit

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Article 53

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  • 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.


Article 54

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  • 1 The request for admission to voluntary unemployment insurance is filed with the UWV.

  • 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.


Article 55

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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.


Article 56

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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.


Article 56a

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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 .


Article 57

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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.


Article 58

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  • 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:

  • 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.


Article 59

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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 .


Article 60

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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.

Chapter IV. Overtaking of obligations arising out of employment in the event of an employer's lack of power

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Article 61

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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.


Article 61a

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  • 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.


Article 62

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  • 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.


Article 63

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  • 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.


Article 64

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  • 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.

  • 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.


Article 65

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  • (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.


Article 66

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  • 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.


Article 67

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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.


Article 68

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  • 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.

Chapter V. Expired.

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Article 69 [ Expired by 01-01-2002]

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Article 70 [ Verfall by 01-01-1996]

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Article 71 [ Expired by 01-01-1996]

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Chapter VI. Reintegration measures

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Article 72 [ Verfall by 01-01-2009]

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Article 72a

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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 .


Article 73

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The worker entitled to a benefit under this Law shall be entitled to support for labour-switching.


Article 74 [ Expaed by 30-10-2004]

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Article 75

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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.


Article 76

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  • (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.


Article 76a

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  • 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.

  • 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.


Article 77 [ Expired by 01-08-2009]

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Article 77a

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  • 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.

  • 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.


Article 78

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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.


Article 78a [ Verfall by 01-01-2012]

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Article 78b [ Verfall by 01-01-2012]

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Article 78c

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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.

Chapter VII. Story

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Article 79

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  • 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.


Article 80

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  • 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.


Article 81

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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 .


Article 82 [ Expired by 01-01-2006]

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Article 83 [ Verfall by 01-01-2006]

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Article 84 [ Verfalls per 01-01-2006]

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Article 85 [ Verfalls per 01-01-2006]

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Article 86 [ Verfall by 01-01-2006]

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Article 87 [ Verfalls per 01-01-2006]

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Article 88 [ Verfall by 01-01-2006]

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Article 89 [ Verfalls per 01-01-2006]

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Article 90 [ Verfall by 01-01-2006]

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Article 91 [ Verfall by 01-01-2006]

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Article 92 [ Verfall by 01-01-2006]

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Article 93 [ Expired by 01-01-2006]

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Article 94 [ Verfalls per 01-01-2006]

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Article 95 [ Verfall by 01-01-2006]

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Article 96 [ Verfall by 01-01-2006]

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Article 97 [ Verfalls per 01-01-2006]

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Chapter VIII. The fulfillment organization

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Article 98

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In the implementation of this Act the UWV is provided for.


Article 99

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The employee is insured at the UWV.


Article 100 [ Expestablished per 01-01-2002]

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Article 101

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  • 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.


Article 102 [ Verfalls per 01-01-2006]

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Article 103 [ Verfalls per 01-01-2006]

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Article 104 [ Verfalls per 01-01-2006]

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Article 105 [ Verfalls per 01-01-2006]

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Article 106 [ Expaed by 01-01-1995]

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Article 107 [ Expired by 01-01-1995]

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Article 108 [ Expired by 01-01-1995]

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Article 109 [ Expaed by 01-01-1995]

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Article 110 [ Expaed by 01-01-1995]

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Chapter IX. Procedural provisions

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Article 111

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Between Our Minister and Our Minister of Finance should be agreed upon rules as referred to in Article 12 .


Article 112 [ Verfall by 01-01-2006]

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Article 113 [ Expaed by 01-01-1995]

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Article 114 [ Expaed by 01-01-1995]

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Article 114a [ Expired by 01-01-1995]

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Article 115 [ Expaed by 01-01-1995]

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Article 116

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  • 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.


Article 117 [ Verfalls per 01-03-1997]

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Article 118 [ Expaed by 01-01-1995]

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Article 119 [ Expaed by 01-01-1995]

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Article 120 [ Expaed by 01-01-1995]

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Article 121 [ Expaed by 01-03-1997]

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Article 122 [ Expired by 01-01-1995]

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Article 123 [ Expaed by 01-01-1995]

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Article 124 [ Verfalls per 01-01-2002]

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Article 125 [ Expated by 01-10-2006]

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Chapter X Provisions relating to the General Law and Appeals Law in cassation

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Article 126

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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 .


Article 127

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  • 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.


Article 127a

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  • 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.

  • 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.


Article 127b [ Expired by 01-01-2005]

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Article 128 [ Verfall by 01-01-2013]

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Article 129

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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.


Article 129a

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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.


Article 129b

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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.


Article 129c

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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.


Article 129d

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  • 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.

Chapter XA. Experiments

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Article 130

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  • 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.


Article 130a [ Expaed by 29-03-2005]

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Article 130b [ Expired by 01-01-2005]

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Article 130c [ Expired by 01-07-2005]

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Article 130d [ Expired by 01-07-2005]

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Article 130e [ Expired by 01-07-2005]

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Article 130f [ Expired by 01-07-2005]

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Chapter XB. Transitional provisions

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Article 130g

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Article 130h

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  • 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.


Article 130i

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  • 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.


Article 130j

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  • 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.


Article 130k

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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 .


Article 130l

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  • 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 130m

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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.


Article 130n

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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.


Article 130o

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  • 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.


Article 130p

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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.


Article 130q

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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.


Article 130r

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Article 130s

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Article 130t

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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.


Article 130u

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  • 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.


Article 130v

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  • 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 130w [ Expat per 01-07-2011]

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Article 130x

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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.


Article 130y

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  • 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.


Article 130z

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  • 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.


Article 130aa

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  • 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.


Article 130bb

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  • 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.


Article 130cc

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  • Article 2 This Article shall expire on a date to be determined by Royal Decree.


Article 130dd

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  • Article 2 This Article shall expire on a date to be determined by Royal Decree.


Article 130ee

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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.

Chapter XI. Penalty and final provisions

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Article 131

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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.


Article 132

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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.


Article 133 [ Expaed by 01-07-2000]

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Article 134 [ Expaed by 01-07-2000]

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Article 135

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The Articles 131 and 132 Criminal offences described are offences.


Article 135a (Expired by 01-07-2009)

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Article 135b [ Expired by 01-01-2013]

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Article 136

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This Act shall enter into force on a time to be determined by law or by law.


Article 137

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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 1986

The Minister of Justice,

F. Korthals Altes