Key Benefits:
Law of 16 November 2001 establishing rules for the establishment of a new balance between work and care in the broadest sense (Law on work and care)
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 have taken the view that it is desirable to lay down rules establishing a new balance between work and care in the broadest sense;
In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:
For the purposes of this Act, unless otherwise provided, the following definitions shall apply:
a. Employer: the person who makes another contract under civil law or public contract employment;
b. employee: the other, referred to in subparagraph (a).
1 Unless otherwise provided, the application of this law shall mean pay: the allowance fixed by time space for the employer to be paid to the employee for the employment of the employer.
2 For the purposes of this Act, if the salary is otherwise than to be fixed by time, the average wage shall be that where he had not used a right to leave provided for by that law, the worker shall be treated as an average wage. could have been made during that time.
1 For the purposes of this Act, the following definitions shall apply:
a. Incapacity Fund: the Fund, intended to Article 112 of the Social Insurance Financing Act ;
b. General unemployment fund: the fund, which is intended to be used in the Article 93 of the Social Insurance Financing Act ;
c. Employee Insurance Implementing Institute: The Employee Insurance Implementation Institute, named in Chapter 5 of the Act implementing organisation of work and income ;
d. Military official: the military official referred to in Article 1, first and second paragraph, of the Military Staff Act 1931 ;
e. Our Minister: Our Minister of Social Affairs and Employment.
2 For the purposes of this Act, cohabitation is unmarried if two unmarried persons conduct a joint household attitude. A common household as referred to in the first sentence is referred to if the persons concerned have their main residence in the same dwelling and show care for each other through the provision of a contribution to the costs of the In other ways, domestic care is provided in each other's care.
3 For the purposes of this Act, life-threatening illness means the health situation which is so serious that, according to objective medical standards, the person's life is at serious risk in the short term.
4 For the purposes of this Act the following definitions shall apply: the condition of a person making it necessary for the purpose of self-reliance, participation, protection or reception, which is not in the context of an aid be offered and which transcends the usual assistance.
For the purposes of this Act and the provisions based thereon, a collective agreement shall be treated as an arrangement by, or on behalf of, a competent administrative body.
For the purposes of the application of the Articles 4: 7 and 5:16 a derogation shall be made by, or on behalf of, a competent administrative body or a different arrangement on which the employer has reached agreement in writing with the works council, or in the absence thereof, with the Staff representation, for five years from the time of entry into force, if no period of not more than five years has been determined. If no period of time is set by amendment of the system of which the derogation referred to in the first sentence is part of the period referred to in that sentence, a further period shall be fixed at the date of entry into force of the change.
1 The female worker is entitled to maternity leave and maternity leave in connection with her birth.
2 The right to maternity leave shall consist of six weeks before the day after the probable date of confinement, or from 10 weeks before that day if it is a pregnancy of more than one child, as indicated in one to the employer submitted written statement by a doctor or midwife, up to and including the day of delivery. Maternity leave shall take place no later than four weeks before the day following the probable date of confinement or at the latest eight weeks for that day if it is a pregnancy of more than one child.
3 Maternity leave shall take effect on the day following delivery and shall be 10 consecutive weeks by the number of days of maternity leave to the probable date of confinement, or, if previously, up to and including the period of maternity leave. The actual date of confinement has been less than six weeks.
4 For the purposes of the third paragraph, days on which the female worker is based on the application of the Article 29a, 2nd paragraph, of the Law of the Health (b) sickness benefit has been granted during the period which it is entitled to maternity leave, but has not yet entered the period of leave, marked as days on which it has enjoyed maternity leave.
5 If a child is admitted to a hospital during maternity leave due to his medical condition, maternity leave shall be extended by the number of recording days from the eighth day of admission to the last day of the period of maternity leave. Maternity leave to a maximum of ten weeks. The extension of maternity leave provided for in the first sentence shall apply only in so far as the hospitalization takes longer than the number of days for maternity leave resulting from the actual date of confinement on the basis of the third paragraph shall be extended.
6 By way of derogation from paragraph 3, the female worker may ask the employer to divide the leave period after 6 weeks in which entitlement to that leave has been entered. The female worker may take this part of the leave during the 30-week period, which begins the day after the leave is split up. The request shall be made no later than three weeks after the leave has been granted.
7 The amount of maternity leave distributed and recorded at a later date shall be equal to the working time per week at the time of the maternity leave following the actual date of confinement.
8 The employer shall vote no later than two weeks after the request referred to in the sixth paragraph is made to the request, unless a serious business or service interest has been opposed.
9 Where the fifth paragraph applies, the request, referred to in paragraph 6, shall, on the expiry of the period after the expiry of the extension, shall be as set out in the fifth paragraph.
If, on the day of confinement or during maternity leave, the female worker dies and an instrument of birth of her child is drawn up, her partner shall, if the worker is as intended to be Article 3: 6 , right to the remaining maternity leave with the maintenance of pay.
2 For the purposes of this Chapter, the partner shall be deemed to be:
a. at the time of the death of the mother had been married to her or entered into a registered partnership; or
b. The child has acknowledged.
3 The duration of the remaining leave leave shall be calculated in accordance with Article 3:1, third and fifth member . Article 3:1, sixth paragraph, shall apply mutatis mutandis to the inclusion of the remaining maternity leave, with the exception that the term 'female worker' shall be replaced by each of the following:
4 The partner, that employee is as intended in Article 3: 6 Also has the right to leave with the maintenance of pay if the mother of the child was an equivalent as referred to in Article 3:6, a self-employed person or a professional contract of employment as referred to in Article 3 (1). Article 3:17, 1st paragraph , or had no right to maternity leave or benefit as referred to in the Section 2 of Chapter 3 .
(5) The employer may charge the workers ' insurances to the payment institution under the first or fourth paragraph within six weeks of the expiry of the remaining maternity leave. The employer shall provide a copy of the act of birth of the child and of the act of death of the mother. Wages shall be paid by the Insurance Institution to the employer without having been adopted by a decision, if it may reasonably be assumed that there is no need for a decision.
6 If the request referred to in paragraph 5 is not made in due time, the reimbursement of wages paid under the first or fourth paragraphs shall be granted only in so far as the period for which such a pay is charged is to be granted in accordance with the year prior to the date of the request. The Implementing Institute of Workers ' Insurance may derogate from the first sentence in special cases for the benefit of the employer.
7 If the mother was a selfemployed person or a selfemployed person on a contract of employment, the duration of the leave shall be equivalent to the duration of the remaining entitlement to benefit, which is to be awarded by the person concerned. Section 2 of Chapter 3 . If the mother had no right to maternity leave or benefit as provided for in Section 2 of Chapter 3, the spouse's leave of absence shall end ten weeks after the date on which the child was born. Article 3:1, fifth paragraph , shall apply mutatis mutandis.
8 The partner reports on the death of the mother and the withdrawal of the leave no later than the second day following her death from his employer. The partner shall, within four weeks of the death of the mother, provide the employer with a copy of the act of birth of the child and of the act of death of the mother.
1 The worker is entitled to leave without any wages in connection with the adoption of a child.
2 The right to leave relating to adoption shall be made up for a period of twenty-six weeks and shall not exceed four consecutive weeks. The right shall consist of four weeks prior to the first day of commencement, or to take, of the actual entry for adoption, as indicated in a document submitted by the employee to the employer indicating that a child has been submitted for adoption. adoption is or will be included.
3 If, as a result of an adoption request, two or more children are actually taken up for adoption at the same time, the right to leave exists only in respect of one of those children.
4 By way of derogation from the second paragraph, first sentence, the employee may request the employer to spread the leave for a period of twenty-six weeks. The employer may reject this request, if serious business or service interests are opposed to it.
5 The first, second, third and fourth members and the Articles 3:3, 3rd paragraph , 3: 4 and 3: 5 shall apply mutatis mutandis to the employee who takes up a foster child as intended for Article 5:1, second paragraph, point (d) .
1 The female employee reports to the employer:
(a) the day from which it will take maternity leave no later than three weeks before that day;
b. her delivery at the latest on the second day following that of confinement.
2 The person employed on the basis of Article 3: 1 or 3:1a The employer shall notify the employer of the day on which the child is admitted to the hospital due to his medical condition during the abovementioned leave and when the child has been taken out of the hospital. At the latest on the last day of the leave provided for in the first sentence, the hospital shall, at the request of the worker, issue a certificate stating the entire duration of the child's inclusion in the hospital during leave. The employee shall immediately communicate this statement to the employer.
3 The worker shall report to the employer on the taking of leave in connection with adoption if possible no later than three weeks before the day on the day on which the leave is to be taken, indicating the amount of leave. The notification shall be accompanied by documents proving that a child has been or will be taken up for adoption.
Days or parts of days when the worker is not working on leave provided for in the course of the period Articles 3: 1 , 3:1a and 3: 2 , can not be marked as a holiday.
1 Save as otherwise provided in paragraph 2, this section may not be waived to the detriment of the worker.
2 In the case of exceptional circumstances as referred to in the Coordination law of emergency conditions Our Minister of Defence can deviate from the military official or deviate from the Articles 3: 1 , 3:1a and 3: 2 .
For the purposes of this paragraph, the following definitions shall apply:
a. employee: the employee, intended in Article 1:1, part b , with the exception of those on the basis of the First Section, Section 2, of the Health Act no worker within the meaning of that Law is;
b. treated: the person who is not an employee as intended for the purpose of Article 1:1, part b , but
1 °. on the basis of the First Section, Section 2, of the Health Act , with the exception of Article 8a (a) worker within the meaning of That Act ; or
2 ° on the basis of Chapter 7 of the Law on Employment and Income to Work is entitled to the wage-related benefit of the employment repayments allowance in part of the labour force;
c. Employer: the employer, referred to in Article 1:1, part a , or the Articles 10 , 11 or 12 of the Health Act .
2 For the purposes of this paragraph, the following definitions shall apply:
a. employee: the employee, intended in Article 1:1, part b , which is voluntarily insured as intended in the Second Section, Chapter IV, of the Health Act ;
(b) assimilated: the person who is not an employed person as referred to in subparagraph (a) but is voluntarily insured as intended for the purpose of the Second Section, Chapter IV, of the Health Act .
1 The female worker has, during the period of maternity and maternity leave, in accordance with Article 3:1, second, third and fifth members -Right to benefit.
2 The employee has during the period that the leave in connection with adoption or the recording of a foster child is enjoyed in accordance with Article 3:2, second paragraph or fifth paragraph -Right to benefit.
1 The female assimilated person has the right to benefit in relation to pregnancy and childbirth for at least 16 weeks, in accordance with the second and third paragraphs.
2 The right to receive benefits in connection with pregnancy begins six weeks before the day after the probable date of confinement, or ten weeks before that day if it is a pregnancy of more than one child, as indicated in a written notice A certificate from a doctor or a midwife, to the date of confinement. If the female assimilated person wishes to receive the right to benefit in connection with pregnancy at a later date, but no later than four weeks before the day after the probable date of confinement or no later than eight weeks before the day of the day, if It is a pregnancy of more than one child.
3 The right to benefit in connection with childbirth begins on the day after the birth and for 10 weeks is increased by the number of days in which the benefit is given in connection with pregnancy up to and including the probable date of confinement, However, if previously, up to and including the actual date of confinement, less than six weeks has been provided.
For the purposes of applying the third paragraph, days over which female treated sickness benefit has benefited from sickness benefit during the period of entitlement to benefits in connection with pregnancy, but which has not yet entered that benefit, shall be considered as a period of application of the third paragraph. which she has benefited from in relation to pregnancy.
5 If a child is admitted to the hospital during the period of entitlement to benefit due to birth due to his medical condition, the right to benefit in connection with childbirth shall be extended by the time the child is in the hospital. hospital has been in place from the eighth day of recording to the last day on which entitlement to benefit has been made up to a maximum of ten weeks. The extension of the right to benefit in respect of confinement provided for in the first sentence shall apply only to the extent that the hospitalization provided for that provision exceeds the number of days in which the benefit is given in connection with childbirth. shall be renewed as a result of the actual date of confinement given by the third paragraph. Article 3:3, second paragraph , shall apply mutatis mutandis.
1 The assimilated person has the right to benefit in connection with the adoption of a child.
2 The right to receive benefit may not exceed four consecutive weeks for a period of twenty-six weeks. The period of twenty-six weeks shall begin or take place in four weeks before the first day of commencement of the entry for adoption, as indicated in a document submitted by the employee to the employer, from which the person concerned shall be indicates that a child has been or will be taken up for adoption.
3 If, as a result of an adoption request, two or more children are actually taken up for adoption at the same time, the right to benefit only applies to one of those children.
4 The first, second and third members shall apply mutatis mutandis to the employee who takes up a foster child as intended Article 5:1, second paragraph, point (d) .
1 A right to benefit as referred to in the Articles 3:7, 1st paragraph , and 3:8, 1st and Fifth Member The woman whose birth is likely to take place may also be admitted to women within a period of 10 weeks from the date of the fact that she is no longer a worker or an equivalent as specified in the Treaty. Article 3:6, 1st paragraph .
2 A right to benefit as referred to in the Articles 3:7, 2nd paragraph , and 3:9, 1st Member The person who, on the first day when a child is actually adopted for adoption, is less than 10 weeks is not an employee or assimilated person as intended for the purpose of Article 3:6, 1st paragraph .
3 The second paragraph shall apply mutatis mutandis to the person taking up a foster child as referred to in Article 5:1, second paragraph, point (d) .
1 The female worker or assimilated person wishing to receive benefits in connection with pregnancy and childbirth shall make an application to that effect through the employer at the Institute for the purpose of carrying out the benefits. workers ' insurances shall, not later than two weeks before the date of commencement of maternity leave, the date on which it wishes to have the right to benefit. The application shall be notified:
a. the probable date of confinement;
(b) the date on which the period of maternity leave starts or the date on which the assimilated entitlement is to have the right to benefit.
If the maternity leave of the female worker or the right to benefit is extended on the basis of the Article 3:1, Fifth paragraph , below 3:8, 5th Member , the employer shall inform the Implementing Institute for the insurance of employees. The employer shall supply workers ' insurances to the Implementing Institute at the request of the female employee or assimilated by the hospital, to be issued by the hospital, Article 3:3, 2nd paragraph .
2 The Implementing Institute workers ' insurance may ask the employer, at the latest within one year of the date on which the benefit has ended, a certificate from a doctor or a midwife about the probable date of confinement, which is (i) no later than two weeks before the date of commencement of maternity leave two weeks before the date on which the female worker wishes to have the right to benefit.
3 The employee or assimilated, who wishes to qualify for the award of a benefit in connection with adoption or foster care, shall make the application to that effect through the employer at the Implementing Institute for the insurance of employees no later than two weeks before the date of entry on leave in relation to adoption or foster care, the date on which he wishes to have the right to benefit. The application shall be accompanied by documents proving that a child is or will be taken up for adoption or foster care and where such inclusion has been or will take place for adoption or foster care. The application shall state the date on which the leave in connection with adoption or foster care is to be reported or the date on which he wishes to have the right to benefit.
4 If the application is not made in due time, the benefit is granted only in so far as the period of entitlement to benefits relating to pregnancy and childbirth, adoption or foster care falls in the year prior to the period of application of the the date of application. The Implementing Institute of Workers ' Insurance may derogate from the first sentence in special cases to the benefit of the worker or the like.
1 If the female assimilated, who wishes to qualify for the award of a pregnancy and childbirth benefit, does not have an employer, she shall make the application to that effect to the 'Employee Insurance Implementation Institute'. no later than two weeks before the date on which it wishes to have the right to benefit. Article 3:11, first paragraph, second sentence , is applicable. If the right to benefit of the female assimilated, referred to in the first sentence, is extended on the basis of Article 3:8, fifth paragraph , it shall inform the Implementing Institute for the insurance of workers ' insurance. Article 3:3, second paragraph, second sentence , shall apply mutatis mutandis. The female equivalent shall provide workers ' insurance to the Implementing Institute with the certificate to be issued at its request by the hospital, referred to in Article 3:3, second paragraph.
2 If the equivalent, who wishes to qualify for the award of benefit in connection with adoption or foster care, does not have an employer, he shall make the application to that effect to the Implementing Institute for the insurance of workers at the latest two weeks as from the date on which he wishes to have the right to benefit. Article 3:11, third paragraph, second and third sentences , is applicable.
3 If the application is not made in due time, the benefit is granted only in so far as the period of entitlement to benefits relating to pregnancy and childbirth, adoption or foster care falls in the year prior to the period of application of the the date of application. The Implementing Institute of Workers ' Insurance may derogate from the first sentence in special cases for the benefit of the equivalent.
4 For the purposes of this Article, 'assimilated persons' means the person entitled to benefit on the basis of Article 3:10 .
1 The benefit referred to in this paragraph shall be per day of the daily wage.
2 For the purpose of calculating the benefit to which entitlement under this paragraph is calculated, 1/261 of the salary referred to in paragraph 1 shall be regarded as a daily wage of the same type. Chapter 3 of the Social Insurance Financing Act , that the worker or the equalted, intended in Article 3: 6 , or the person concerned, Article 3:10 , during the period of one year, ending on the last day of the second return period preceding the period of issue in which entitlement to benefit under this paragraph arose, earned in the course of employment from which it is entitled. the amount, but not more than the amount specified in the Article 17, first paragraph, of the Social Insurance Financing Act , in relation to a pay period of one day.
3 By way of derogation from the second paragraph, if the equivalent is intended to be Article 3:6, 1st paragraph , directly prior to entitlement to benefit under this law or to the person concerned, intended Article 3:10 Prior to entitlement to benefit under this Act, a right to benefit has had a right to benefit on the basis of the Disease law , the Unemployment law , with the exception of Article 18 and Chapter IV , or the Law employment and income to work , for the height of the dagloon assumed by the daily wage as defined under the Law of the Law, Unemployment Act, or Work and Income to Work, and revised.
4 In the context of the adoption and review of the daily date referred to in the second and third paragraphs, the general measure of management shall, inter alia, lay down the rules governing the adoption and review of the daily wage system. where the services referred to in the second paragraph have lasted less than the year referred to in that paragraph and the setting of the dagloon for the voluntary insured, intended to Article 3:6, 2nd paragraph -From this law.
5 On a dagloon drawn pursuant to this Article, Article 16 of the Health Act applicable mutatis mutandis.
6 If entitlement to benefit is given on the basis of the Unemployment law from:
a. Equals treated as equivalent on the basis of the Articles 3:6, 1st paragraph , of this law and 7, part a, of the Disease Act ; or
b. The person concerned, intended to Article 3:10 , which prior to the benefit under this Act is a benefit based on the Unemployment law has had,
is based on the Unemployment law as it was used for the entry into force of Article XXVI, Part S, of the Act of Work and Security , then stay Article 3:13 As it was before the entry into force of Article XIV, part B, of the Collecting Act SZW 2015 applicable in the second paragraph " on the basis of the Articles 15 and 16 of the Health Act and the following provisions read as: pursuant to Articles 15 and 16 of the Law of the Law and the provisions based thereon, such as those provisions adopted on the day before the entry into force of Articles XXVI, part S and XXVIII, part A, of the Act of Work and Security .
7 If entitlement to benefit is given on the basis of the Unemployment law of the assimilated, regarded as equivalent on the basis of the Articles 3:6, 1st paragraph , or 3:10 of this law and 8, part a, of the Disease Act , and that person immediately prior to the benefit on the basis of the Disease law (i) a right to benefit under the Unemployment Act was based on the Unemployment Act, as it was before the entry into force of the Act. Articles XXVI, Part S and XXVIII, part A, of the Act ' s work and certainty, then remains Article 3:13 of this law, as it was before the entry into force of Article XIV, part B, of the Collecting Act SZW 2015 and from Article XXVIII, Part A, of the Act of Work and Security applicable.
8 The sixth to eighth paragraphs shall be repealed with effect from a date to be determined by royal decree.
1 Payment shall be made as a rule in periods of one month.
2 The allowance is paid in respect of each day, but not on Saturdays and Sundays.
3 The Articles 40 , 41 , 47a , 48 and 85 of the Health Act shall be applicable mutatis mutandis.
1 Is an address in the Netherlands known by the claimant or recipient of a pregnancy and childbirth benefit to the Workers ' Insurance Implementation Institute, whereas in the basic registration persons are automatically admitted to be left to an unknown country of residence, the Implementing Institute shall request employee insurance to allow him to unregister the different registration in the basic registration persons within a reasonable period of 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 Implementing Institute shall suspend 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 of the Mayor has been completed and the person referred to in paragraph 2, in the basic registration of persons, remains of its own motion with information on the departure from the Netherlands, it shall be reduced Implementing institute worker insurance is the payment of the benefit to stay abroad or an address in the Netherlands is included in the basic registration persons.
1 In respect of a benefit under this paragraph, the following articles of the Disease law and the provisions of the corresponding provisions based on those articles:
a. In respect of entitlement to benefit: Articles 19a , 19b , 19c and 87 ;
b. For the purpose of revision or revocation: Article 30a ;
c. to the following of death: Articles 1 (2) to (7) , and 35 ;
d. For the purpose of summoning and questioning: Article 37 ;
(e) on waivers in connection with objections: Article 43 ;
f. in the case of measures: Article 45, first paragraph, parts e, h, i, j and r, and second to sixth members ;
g. In relation to the intelligence obligation: Article 49 ;
h. for the purposes of the implementation: Articles 51 , 53 up to and including 55 and 59 ;
(i) for the period within which it must be decided upon the objection: Article 74 ;
(j) on appeal in cassation: Article 75c ;
k. [ Red: expired;]
l. concerning the applicability of the General Term Act : Article 89 ;
m. In order to recover: the Articles 33 to 34a ;
n. for the purpose of alienation, pledge and power of attorney to receive: Article 50 ;
In respect of administrative fines, the Articles 45a , 45g and 45h ;
p. for the purpose of renouncing the hearing of the person concerned: Article 72d .
2 Penal provision of Article 84, first paragraph, of the Act structure implementing organisation work and income shall apply mutatis mutandis.
3 By way of derogation from the first paragraph, the worker and the equalted, Article 3:6, 2nd paragraph , Article 43 of the Health Act does not apply mutatis mutandis and are of Article 55 of the Health Act only the first sentence of the first paragraph and the seventh paragraph shall apply mutatis mutandis.
4 Article 35, third paragraph, of the Health Act shall apply mutatis mutandis whether or not the right to benefit would have ended with effect from the day following the death of one month after the death.
For the purposes of this paragraph, the following definitions shall apply:
a. Professional contract of employment: the worker referred to in the Article 1:1, part b , which is based on Article 6, first paragraph, part c, of the Law on sickness , no worker in the sense of That Act is;
(b) self-employed person: the person who is the pensionable age, intended to Article 7a, first paragraph, of the General old-age law , has not yet reached it, which:
1. is resident in the Netherlands and benefits from an undertaking unless it does not actually drive the company for its own account;
2. does not reside in the Netherlands and which benefits from taxable profits as referred to in Section 7.2, of the Income Tax Act 2001 , unless it does not actually drive the company for its own account;
3 °. otherwise than paid out in service income from present labour;
4 °. otherwise than in employment, carried out for the benefit of a body in which it has a significant interest;
5 °. is a major shareholder and the work is to be established exclusively for the account and the risk of the company of the legal person of which he is a managing director, a major shareholder;
6 °. other than in the service or self-employed person as referred to in points 1 to 5 °, works in the undertaking of a spouse or registered partner;
c. profit from company: the taxable profits from the company, intended in Section 3.2.1 of the Income Tax Act 2001 , together with the entreprenial deduction, for the purpose of section 3.2.4 of that Act , and the SME profit exemption, intended to section 3.2.5 of that Act ;
d. 'Service' means a service for the purposes of the Disease law ;
e. significant importance: significant as intended Chapter 4 of the Income Tax Act 2001 ;
f. income from present employment: the combined amount of:
1 °. the taxable wage of present employment, as referred to in Article 4 (1). Section 3.3 of the Income Tax Act 2001 ;
2 °. the taxable wage in respect of employment in the Netherlands, as referred to in Article 3 (2). Section 7.2 of the Income Tax Act 2001 ;
3 °. the taxable result from other activities, referred to in Section 3.4 of the Income Tax Act 2001 , except as far as efficacy is concerned as intended in the Articles 3.91, first paragraph, parts (a) and (b) , and 3.92 of the Income Tax Act 2001 ; and
4 °. the taxable result from other activities in the Netherlands, referred to in Section 7.2, of the Income Tax Act 2001 , except as far as efficacy is concerned as intended in the Articles 3.91, first paragraph, parts (a) and (b) , and 3.92 of the Income Tax Act 2001 .
2 This means that our Minister, in agreement with our Minister of Finance, shall be subject to rules as to what is meant by the major shareholder referred to in paragraph 1 of the first paragraph.
1 The female employment professional has during the period of benefit of maternity leave in accordance with the conditions laid down in Article 3 (1) of the Treaty. Article 3:1, second and third paragraphs -Right to benefit. Article 3:1, fifth paragraph, and Article 3:3, second paragraph, second sentence , shall apply mutatis mutandis.
2 The selfemployed woman has the right to benefit in respect of pregnancy and childbirth for at least 16 weeks. Article 3:1, fifth paragraph , and Article 3:3, second paragraph, second sentence , shall apply mutatis mutandis.
3 The right to receive benefits in connection with pregnancy begins six weeks before the day after the probable date of confinement, or ten weeks before that day if it is a pregnancy of more than one child, as indicated in a written notice A certificate from a doctor or a midwife, to the date of confinement. If the female self-employed person wishes to do so, the right to benefit in connection with pregnancy shall begin at a later date, but not later than four weeks before the day after the probable date of confinement or no later than eight weeks before that date, if It is a pregnancy of more than one child.
4 The right to benefit in connection with childbirth begins on the day after delivery and is 10 consecutive weeks plus the number of days in which the benefit is given in connection with pregnancy up to and including the probable date of confinement, However, if previously, up to and including the actual date of confinement, less than six weeks has been provided.
For the purposes of application of the fourth paragraph, days over which the female selfemployed person has received sickness benefit during the period of entitlement to benefits in connection with pregnancy but which has not yet entered that benefit shall be regarded as days before the date of expiry of the period of application of the fourth paragraph. which she has benefited from in relation to pregnancy.
6 No right to benefit has the foreigner who does not lawfully stay in the Netherlands stay within the meaning of Article 8 (a) to (e) and (l) of the Aliens Act 2000
7 In the case of a general measure of management, a derogation from the sixth paragraph may be made to:
(a) aliens who have been lawfully employed in the Netherlands or who have been engaged in the work;
b. aliens who, after having been lawfully resident in the sense of Article 8 (a) to (e) and (l) of the Aliens Act 2000 legitimate in the Netherlands stay as intended in Article 8 (g) or (h) of the Aliens Act 2000 .
8 If necessary by way of derogation from the sixth and seventh members and the provisions based thereon, the right to benefit shall be granted to the person for whom this right derives from the application of provisions of a Treaty or of a decision of a Member State. international law organisation and no entitlement to benefits for the person to whom the legislation of another power is applicable under a treaty or a decision of an international organisation.
9 By way of derogation from the sixth paragraph and of the Article 3:17, 1st paragraph , extension or limitation is given to the insured person's circle.
10 The self-employed person, the contract of employment, or the person whose employment relationship is equivalent to a service as defined by the contract Article 4 or 5 of the Health Act , and that partner is as intended in Article 3:1a, 2nd paragraph , if the mother dies during the period in which the right to benefit is payable on the basis of Article 3: 7 , 3: 8 or 3:18 (i) entitlement to benefit during the remaining number of weeks for which the mother would still be entitled to benefit, subject to the condition that Article 3:1, Fifth paragraph , shall apply mutatis mutandis.
11 The self-employed person, the contract of employment or the person whose employment relationship is equivalent to a service as defined in Article 4 or 5 of the Health Act , and that partner is as intended in Article 3:1a, 2nd paragraph , is entitled to benefit if the mother, who was not entitled to maternity leave or benefits as intended in the course of Section 2 of Chapter 3 , dies before ten weeks after the date of birth of the child. The right shall exist as from the date of death and shall end 10 weeks after the day of birth of the child, subject to the condition of Article 3:1, Fifth paragraph , shall apply mutatis mutandis.
1 The female self-employed person or female employment professional may benefit from a right of benefit on the basis of Article 3:18 , together with the right to benefit from the holiday allowance, benefit from a pension in the form of a replacement.
2 The allocation of benefits in respect of replacement, as provided for in paragraph 1, shall be possible only:
a. Where a person is employed in the course of a contract of employment of a female self-employed person or of a female person, during the period of entitlement to benefit, and
(b) The person who works as a replacement shall be made available by an institution of a legal personality, whose purpose is to make available the labour force under its statutes.
1 The female self-employed person or the female employment professional who wishes to receive benefits in connection with pregnancy and childbirth, makes the application to the Implementing Institute for that purpose. workers ' insurance no later than two weeks before the date of entry into service of maternity leave. The application shall be notified:
(a) the probable date of confinement, on presentation of the certificate of a doctor or of an obstetrician stating that date;
b. the date on which the maternity leave, or the right to benefit, is intended to be Article 3:18, 2nd paragraph , enter;
(c) whether it wishes to benefit from the benefit in the form of a pension in respect of substitution.
2 If the application is not made in due time, the benefit is granted only in so far as the period in which entitlement to benefits relating to pregnancy and childbirth is granted falls in the year preceding the application. The Implementing Institute of Workers ' Insurance may derogate from the first sentence in special cases to the benefit of the female self-employed or of the female professional contract.
3 The application for the benefit, referred to in Article 3:18, 10th or 11th member , does the partner, intended to Article 3:1a, 2nd paragraph , no later than two weeks after the date of death at the Employee Insurance Implementation Institute. A copy of the act of death of the mother and of the act of birth of the child shall be attached to the application.
4 The Employee Insurance Implementing Institute may be in special cases for the benefit of the partner, intended in Article 3:1a, 2nd paragraph , different from the time limit specified in the third paragraph.
5 The female self-employed person, the female employment contract or the partner, intended to Article 3:1a, 2nd paragraph , who is an independent or professional contract of employment or the person whose employment relationship is equivalent to a employment relationship as defined in Article 4 or 5 of the Health Act provide, where appropriate, to the Employee Insurance Implementation Institute, the declaration, intended Article 3:3, 2nd paragraph .
1 The allowance for pregnancy and childbirth is given in accordance with Article 8 of the Incapacity Insurance Act calculated on the basis of the basis on the basis of the corresponding application of the Third member of that Article for the entry into force of his incapacity for work as a person of professional life, the effective date of entitlement to benefit is replaced by the following:
2 The benefit referred to in paragraph 1 shall be equal to 100% per day of the benefit.
3 If necessary by derogation from the second paragraph and from Article 3:29, third paragraph, point (b) , the benefit in connection with pregnancy and childbirth is 100% of the minimum wage, Article 8, first paragraph, part a, of the minimum wage law and minimum holiday allowances If, in the calendar year preceding the year in which the right to benefit arises as a self-employed person, the female self-employed has spent at least the number of hours specified in the work for one or more undertakings. Article 3.6, first paragraph, of the Income Tax Act 2001 .
4 The allowance for the death of the mother is for the partner, intended to be in Article 3:18, 10th or 11th member , 100% of the minimum wage, meant in Article 8, first paragraph, introductory wording and part a, of the minimum wage law and minimum holiday allowances .
The exchange of benefits for replacement shall be the basis of the Article 3:23 , first paragraph, together with the amount of the premiums and the income dependent on income as referred to in the Article 42 of the Zorginsurance Act , that the Implementing Institute would be liable for the payment of workers ' assurances on payment as a benefit in connection with pregnancy and childbirth.
1 Payment shall be made as a rule in periods of one month.
2 The allowance is paid in respect of each day, but not on Saturdays and Sundays.
3 The benefits of replacement shall be paid to the institution referred to in Article 3:21, second paragraph, part b.
4 The Article 55, second to fifth paragraphs , 55a , 57 , 62 and 66 of the Incapacity Insurance Act shall be applicable mutatis mutandis.
1 In respect of a benefit under this paragraph, the following articles of the Law for incapacity for the self-employed and the provisions of the corresponding provisions based on those articles:
a. In respect of entitlement to benefit: Articles 7a , 7b , 7c , 19, fourth and fifth members , 19a , 21a , 21b , 21c and 101g ;
b. For the purpose of revision or revocation: Article 18 ;
c. for the benefit of the holiday benefit: the Articles 25 to 27 , 40 and 60 ;
d. For the purpose of summoning and questioning: the Articles 41, first paragraph , and 42 ;
(e) on measures: Articles 45 , Article 46, first paragraph, parts d and k , and 47 ;
f. In relation to the intelligence obligation: Article 70 ;
g. for the purposes of the implementation: Article 81 ;
h. in respect of the time limit within which the statement of objection must be decided: Article 96, first paragraph ;
(i) on the appeal in cassation: Article 98 ;
j. [ Red: Expiring;]
k. for recovery purposes: Article 63 On the understanding that, by way of derogation from the first paragraph of that Article, a general measure of administrative action may provide that a replacement benefit is not to be recovered under the conditions laid down in that Article;
l. on disposition of alienation, pledge and power of attorney to receive: Article 66 ;
m. in respect of administrative fines: Articles 48 , 54 and 54a ;
n. to refrain from hearing the person concerned: Article 95b .
2 Penal provision of Article 84, first paragraph, of the Act structure implementing organisation work and income shall apply mutatis mutandis.
3 Article 56 of the Incapacity Insurance Act shall apply mutatis mutandis to a benefit under this paragraph with the exception of the benefits of substitution.
4 In respect of death, the Articles 1 (2) to (7) , 61 and 67, part b of the Incapacity Insurance Act of corresponding application, provided that:
a. the Third paragraph of Article 61 shall be applied regardless of whether the right to benefit would have ended with effect from the day following the death of one month;
b. if a benefit has been granted in the form of a benefit in respect of replacement, the death allowance is paid according to the First paragraph of Article 61 , as was the benefit granted as a benefit in connection with pregnancy and childbirth or adoption. The Seventh paragraph of Article 61 continues to be out of application.
5 The Implementing Institute shall act in accordance with Article 45 of the Incapacity Insurance Act if the female employment professional or self-employed person does not comply with the requirement, Article 3:22, first paragraph .
6 At the institution specified in Article 3:21, second paragraph, part b , is Article 70, first paragraph, of the Law on incapacity for the self-employed applicable mutatis mutandis.
The Employee Insurance Implementing Institute may lay down control rules. These rules may not go beyond what is strictly necessary for the proper implementation of this section.
1 If a person, over the same period under the same paragraph, is entitled to benefits related to pregnancy and childbirth as well as to a benefit in connection with adoption or foster care, the person shall be awarded the benefit of the benefit not disbursed or paid in respect of any substitution related to adoption or foster care.
If, under the same paragraph, a person is entitled to a benefit in respect of adoption as well as to a benefit in connection with foster care, the person is to receive benefits in connection with foster care or replacement. -related to foster care not paid.
2 If a person over the same period is entitled to a benefit on the basis of Paragraph 1 as a benefit on the basis of Section 2 of this section, he shall be awarded the benefit on the basis of Section 2 to the extent that they are paid on the basis of Paragraph 1 of this section exceeds. If the benefit is given on the basis of Paragraph 1 is refused, in whole or in part, on the basis of any act or omission which the person concerned may be accused of, for the purposes of applying this paragraph, as if such a refusal has not taken place.
3 If a female self-employed person or a female employment professional has a right to benefit under a contract covering the same period of time, or Paragraph 1 , as per a benefit based on Section 2 of this section, by way of derogation from the second paragraph, the benefit is both on the basis of both Paragraph 1 , as the benefit on the basis of Section 2 provided that the female self-employed person or the female employment professional is not voluntarily insured as intended for the purposes of the Second Section, Chapter IV, of the Health Act and to the extent that:
a. activities of a female self-employed or a female employment professional are carried out; and
b. the benefit on the basis of Paragraph 1 and benefit on the basis of Section 2 together not more than 100% of the sum of the income from or in relation to employment received by the female self-employed person or the female employment professional on the day immediately preceding the day on which the right to a right of employment was granted. Allowance based on Section 2, Section 1 , and the benefit on the basis of Section 2, Section 2 It's coming.
4 If an equalted person referred to in Article 3:6, first paragraph, part b, below 2 ° , over the same period, also from other provisions, has a right to one or more benefits on the basis of Paragraph 1 The benefit of such a treated person shall be paid in so far as the benefit does not exceed 100% of the daily income of the daily wage or salary-related benefit of the employment repayments benefit. Part of the work equipment.
5 If a person over the same period has both right to a benefit on the basis of Paragraph 1 of this section as for incapacity benefit on the basis of the Incapacity for work insurance the former benefit must be paid in so far as it does not exceed the highest of the daily wages paid to those benefits together with the benefit of the incapacity for work.
6 If a person over the same period is entitled to a benefit on the basis of Section 2 of this section as for incapacity benefit on the basis of the Law for incapacity for the self-employed , it will be:
(a) if the basis of the former benefit is lower than the basis of the incapacity for work or is equal to that, the former benefit, in so far as it does not exceed the incapacity for work shall be the basis of the incapacity for work;
(b) where the basis of the former benefit is higher than the basis of the incapacity for work, the former benefit, in so far as it does not exceed the basis of the incapacity for work the former benefit;
(c) where entitlement to the first benefit arises during the period of 52 weeks referred to in Article 7, second paragraph, of the Law on incapacity for the self-employed By way of derogation from parts (a) and (b), the former benefit paid to the extent that it exceeds the incapacity for work.
7 For the purposes of application of the third to fifth paragraph, invalidity benefit shall be granted on the basis of the Incapacity for work insurance , incapacity benefit on the basis of the Law for incapacity for the self-employed , benefit on the basis of Paragraph 1 of this section and benefit on the basis of Section 2 of this section also means the holiday benefit to which entitlement to incapacity benefits and benefits is payable, in so far as that holiday benefit has been calculated over the same period.
8 If the invalidity benefit is refused, in whole or in part, on the basis of any action or omission which the person concerned may be accused of, the invalidity benefit shall be paid for the purpose of applying the fourth and fifth paragraphs. taken as if such refusal had not taken place.
1 In the self-employed person referred to in Article 3:17 a, as that stated on the day prior to the entry into force of this Article II, Section D, of the End Access Insurance Act WAZ , whose probable or actual date of confinement falls within 40 weeks of the date of entry into force of the that Article but within 40 weeks of the entry into force of that article in fact a child has been adopted or committed to adopt or foster care, Chapter 3, Section 2, paragraph 2, as in the previous day before the entry into force of that provision, remains in Chapter 3. Article II, Section D, of the End Access Insurance Act WAZ applicable in respect of that confinement or that inclusion.
2 On the employment contract referred to in Article 3:17 (b), as in the previous day of the day preceding the entry into force of this Directive, Article II, Section D, of the End Access Insurance Act WAZ In fact, within 40 weeks of the entry into force of that Article, a child being taken up for adoption or foster care remains Chapter 3, Section 2, paragraph 2, as it was before the date of entry into force of that Article. Article II, Section D, of the End Access Insurance Act WAZ applicable in respect of such inclusion.
3 By way of derogation from paragraphs 1 and 2, the benefits to be paid under this Article and the cost of execution in respect of such benefits shall be borne by the Incapacity Fund.
1 If the female employee at the time when the Law of 17 December 2014 modernising arrangements for leave and working time (Stb. 565) is already in effect with maternity or maternity leave, remaining on that leave. Section 1 and Section 2 (1) of this Chapter applicable as from the day prior to the date of entry into force of the said Act.
2 Where the female person is the self-employed person, the female self-employed person and the female employment professional at the time of entry into force of the law referred to in paragraph 1 a benefit in relation to her pregnancy or childbirth remains on that benefit Section 2, paragraphs 2 and Chapter 3, of this Chapter applicable as of the day preceding the date of entry into force of the abovementioned paragraph 1 Law .
3 The right to leave provided for in Article 3:1a, first or fourth member , and the right to benefit, in accordance with Article 3:18, 10th or 11th member , shall apply to the partner referred to in Article 3:1a, second paragraph, if the mother enjoys maternity leave or benefit as referred to in Article 3.18, before the date of entry into force of this Article. Article I, Section Ca, of the Law of 17 December 2014 on Modernisation Arrangements for leave and working time (Stb. 565) and the mother dies after that time.
1 The employee is entitled to leave with the maintenance of pay for a short period, to be calculated in fairness, when he cannot perform his work because of:
a. Unforeseen circumstances which require an immediate interruption of labour;
b. very special personal circumstances;
c. an obligation imposed by law or by government, with no pecunious compensation, the fulfilment of which could not take place in its free time;
d. the exercise of the right to vote.
2 Under very special personal circumstances, in any case:
a. childbirth of the spouse, registered partner, or the person with whom the employee is living unmarried;
b. the death and funeral delivery of one of his housemates or one of his blood and relatives in the straight line and in the second degree from the sidelines;
(c) emergency, unforeseeable or reasonably non-working time to plan a doctor's or hospital visit by the employee or the necessary accompanying persons, intended to be carried out by the person concerned. Article 5: 1 ;
d. necessary care on the first day of disease of the persons specified in: Article 5: 1 .
After giving birth to the spouse, the registered partner, the person with whom he lives unmarried or the person to whom he/she recognises the child, the worker shall be entitled to leave with the retention of pay for two days during a period of four weeks. on which he is engaged in employment. The right exists from the first day in fact that the child actually lives at the same address as the mother.
1 The employee shall notify the employer in advance of the fact that he shall include the leave provided for in Articles 4: 1 and 4:2, giving the reason. If this is not possible, the employee shall notify the employer of the leave as soon as possible and give the reason.
2 The military official's leave shall not commence or end in any event as soon as the employer makes known to him that he/she shall, against the taking up of the leave, continue to pursue such a serious service in such a way that he/she the importance of the military officer to the standards of reasonableness and equity should be taken into account.
The employer may, in retrospect, require the employee to make it likely that he has not been able to carry out his employment on account of one of the reasons set out in Articles 4: 1 and 4:2.
(1) If the worker is a member of the worker under any statutory insurance or by virtue of any insurance or fund in which the participation is agreed upon or arising from the employment contract or public contract, a The amount of the allowance shall be reduced by the amount of the benefit.
2 The salary shall be reduced by the amount of expenses incurred by the employer as saved by the worker by the failure to perform his work.
1 Days or parts of days on which the worker is not engaged on leave, as referred to in Article 4 (1), may only be considered a holiday if the worker is to be regarded as holidays, except that the person concerned may not be regarded as having been paid for the period of employment of the worker. employees are at least entitled to the legal minimum of holiday entitlements.
2 Days or parts of days on which the employee is not engaged in his work because of leave, as referred to in Rule 4:2, may not be considered as a holiday.
From Article 4: 1 , as regards the pay payment, and the Articles 4: 2 to 4: 6 may be waived only at the expense of the worker by collective agreement or by means of an arrangement by or on behalf of a competent administrative body or, where a collective agreement or arrangement is not applicable, or there shall be no provision, if the employer has reached agreement in writing with the works council or, failing that, with the staff representation, on the understanding that the worker shall, by way of derogation from Article 4: 6 at least right to the legal minimum of holiday claims.
1 The employee is entitled to leave for the necessary care in relation to sickness of a person as referred to in the second paragraph.
2 For a person referred to in paragraph 1, the following definitions shall apply:
a. the spouse, the registered partner or the person with whom the employee is living unmarried;
b. a child to whom the worker as a parent is in a family-friendly relationship;
c. a child of the spouse, registered partner, or the person with whom the employee is living unmarried;
d. a foster child who, according to the basic registration, resides at the same address as the employee and that he is a foster parent as intended in Article 1.1 of the Youth Act provides;
e. a blood relative in the first or second degree;
f. the person who, without the existence of an employment relationship, is part of the household of the employee; or
g. the person with whom the employee otherwise has a social relationship, to the extent that the care to be granted arises directly from that relationship and should reasonably be granted by the employee.
The period of leave shall not exceed twice the working time per week for any period of 12 consecutive months. The period of 12 months shall begin on the first day on which the leave is to be enjoyed.
The employee shall notify the employer in advance of the fact that he shall include the leave provided for in Article 5: 1, stating the reason. If this is not possible, the employee shall notify the employer of the leave as soon as possible and give the reason. In that notification, the worker shall also indicate the extent, manner of the entry and the likely duration of the leave.
1 The period of leave shall be at the time when the employee reports the record to the employer.
2 The period of leave shall not commence or end in any case as soon as the employer makes known to the worker that he/she shall, against the taking up of the leave, continue to pursue such a serious business or service in such a way as to enable it to continue to do so. The interests of the worker must be taken into account by standards of reasonableness and fairness.
3 An employer who after a notification by the employee, who is not a military official, has reached him and does not rely on a serious business or service interest, cannot do so either.
The employer may, in retrospect, require the employee to make a probable record that he has not done his work in connection with the necessary care of a person as referred to in Article 5:1.
1 insofar as the wages are not more than the amount specified in the Article 17, first paragraph, of the Social Insurance Financing Act In respect of a wage period of one day, the worker, who is otherwise than on the basis of a public employment contract, shall retain the period of leave provided for in this Regulation. Article 5: 1 , up to 70% of wages, but at least on the statutory minimum wage for him.
2 The first paragraph shall apply mutatis mutandis to the worker, who carries out employment on the basis of a public contract.
(1) If the worker is a member of the worker under any statutory insurance or by virtue of any insurance or fund in which the participation is agreed upon or arising from the employment contract or public contract, a The amount of the allowance shall be reduced by the amount of the benefit.
2 The salary shall be reduced by the amount of expenses incurred by the employer as saved by the worker by the failure to perform his work.
If both the conditions laid down in Article 4: 1 and the conditions laid down in Article 5: 1 are fulfilled, the leave referred to in Article 4: 1 shall end after one day.
The worker shall be entitled to leave without the maintenance of pay for any of the following:
a. the care of a person as intended in Article 5:1, second paragraph , which is life threatening ill; or
b. the necessary care of a person as intended in Article 5:1, second paragraph -who is sick or needy.
In any period of 12 consecutive months, leave shall not exceed six times the working time per week. The period of 12 months shall begin on the first day on which the leave is to be enjoyed.
1 The worker must submit to the employer, in writing, the request for leave of at least two weeks before the date of commencement of the leave, giving the reason, the person who needs care, the time of entry, the size, the intended duration of the leave and the distribution of the hours over the week or the otherwise agreed period.
2 The employee shall, upon request, provide the employer with additional information in writing on which he can reasonably and in the short term be provided to establish that the person concerned has been satisfied that the Article 5: 9 applicable conditions. The employer shall make a written request for the provision of additional information within one week of the application for leave of absence from him.
3 The employer is willing to accept the request for leave from the employee, unless he/she has such serious business or service to the inclusion of the leave so that the employee's interest is sufficient for reasons of reasonableness and fairness. It must be
4 An employer who does not rely on a serious business or service interest may not do so either later, unless it concerns a military official.
5 If the employer intends not to grant the request for leave or not, he shall consult with the employee on his request. The decision on the request for leave shall be notified in writing by the employer to the employee. If the employer does not wish to accept the request or not, it shall be communicated to the worker, giving the reasons for the request.
6 If the employer has not given notice of the request in writing to the employee one week before the date of commencement of the leave, then the leave shall be taken in accordance with the worker's request. As long as the employee has not complied with a request from the employer for information as referred to in the second paragraph, the period referred to in the first sentence shall be extended by the number of days the employee has not complied with the request of the Employer.
1 The leave referred to in Article 5: 9 does not apply until at least two weeks have elapsed after the worker is referred to the request for leave of absence Article 5:11 has submitted.
2 By way of derogation from the first paragraph, leave may be made at the employee's request at an earlier time if the employer agrees to the matter.
1 The leave shall end with the expiry of the duration for which the leave has been granted.
2 If, before the expiry of the period referred to in paragraph 1, the person for whose care has been granted leave, or no longer is no longer in a circumstance as referred to in Article 3 (2), Article 5: 9 , the leave shall end from the day following that on which this circumstance occurred.
If the request for long-term care leave is granted, the duration of the short-term care leave provided for in Article 5: 1 at the request of the employee, with due regard to the worker Article 5:12, second paragraph , in whole or in part, are to be considered as long-term care leave.
Days or parts of days when the worker is not working on leave provided for in the course of employment Article 5: 1 or Article 5: 9 , can not be marked as a holiday.
This chapter may be waived only at the expense of the worker by collective agreement or by means of an arrangement by or on behalf of an administrative body empowered to do so or, if no collective agreement or arrangement of employment does not apply or contains no provision in this area where the employer has reached written agreement in writing with the works council or in the absence thereof, with the staff representation provided that the worker is in the case of a worker who is not in the business of the person concerned. Derogation from Article 5:15 at least right to the legal minimum of holiday claims.
1 The worker who, as a parent in family law, relates to a child, is entitled to leave without any pay. If the worker comes from the same time to more than one child in family law, there is a right to leave in respect of each of those children.
2 The worker who, according to the basic registration of persons, lives in the same address as a child and who has taken care of that child as a child on a lasting basis, is entitled to leave without pay without any loss of pay. If, for the purpose of adoption, the worker has taken care and education of more than one child with effect from the same date, there shall be a right of leave in respect of each of those children. In all other cases where the conditions laid down in the first sentence are fulfilled for more than one child with effect from the same date, only one time shall be allowed.
3 If the work is carried out outside the Netherlands, the worker shall be entitled to the leave provided for in this Article, unless there is a serious business or service interest against it.
The employer may not disadvantage the worker by reason of the fact that the worker is entitled in or out of the law of the right to leave provided by the worker. Article 6: 1 , makes or has provided assistance in this respect.
1 The number of hours of leave to which the worker is entitled is twenty-six times the working time per week.
2 If the employment relationship is terminated before the leave is fully enjoyed, the worker shall, if he has a new employment relationship, claim to the new employer the remaining part of the leave with due regard to the employment relationship. this chapter. In that case, the employer shall be obliged to issue to the worker, at the latter's request, a certificate indicating the number of leave the employee still has.
No right to leave as referred to in Article 6: 1 shall exist after the date on which the child has reached the age of eight years.
1 The employee reports the intention to take leave at least two months before the time of leave of leave, in writing to the employer, indicating the period, the number of hours of leave per week or if working time on another person. period agreed upon during that period and the distribution of the period during the week or the otherwise agreed period.
2 The dates of entry and the end of the leave may be made subject to the date of confinement, the end of the period of maternity leave or the commencement of care.
3 The employer may, after consultation with the employee, change the method of leave required by this method of leave on the basis of a serious business or service interest, to four weeks before the time of leave.
4 The third paragraph shall not apply to the person who, after the leave, is intended to Article 4: 2 , for a period of four weeks, for three days during which he or she is engaged in employment, uses his right to leave as referred to in Article 4 (2). Article 6: 1 . The last sentence of Article 4: 2 and Article 4:3, second paragraph shall apply.
1 The employer agrees to a request by the employee not to take the leave or to continue uncontinued as a result of taking maternity leave, intended in accordance with the rules. Article 3:1, 1st paragraph , the leave provided for in Article 3:1a, first paragraph or fourth member , or adoption leave, in accordance with Article 3:2, first paragraph . The employer does not need to comply with the request as from an earlier date than four weeks after the request.
2 The employer shall consent to a request by the employee not to take the leave or to continue uncontinued as a result of unforeseen circumstances, unless a serious business or service interest is opposed. If the employer agrees to the application, the right to leave shall be suspended. The second sentence of the first paragraph shall apply.
Days or parts of days on which the employee does not perform his work because of leave, as referred to in Article 6:1, may not be considered as a holiday.
From the Articles 6:1, 3rd paragraph , 6: 4 , 6:5, 1st member , as regards the time of the notification, and the second paragraph, and 6:6, second member It may be waived only at the expense of the employee in the case of collective agreements.
Subject to Artide 6: 8, this chapter may not be deviated from the employee.
If at the time when the employee Law of 17 December 2014 amending the Law of Work and Care and the Law Adjustment Working Time in Connection with Increasing the Use of These Laws, as well as Technical Adaptation of the Labor Time Law and Update of the Law transitional law in relation to the Law of Work and Care (Stb. 565) enters into force, its intention to include parental leave, is intended to Article 6: 1 , has reported to his employer and has agreed to the implementation thereof, remain on that leave the articles of Chapter 6 applicable as from the day prior to the date of entry into force of that law.
For the purposes of this Chapter:
a. Life-line arrangement: a scheme as referred to in Article 39d of the Law on Pay Taxation 1964 ;
b. executor: a bank, an insurer or an administrator of an investment firm as referred to in Article 19g, third paragraph, of the Law on Wage Tax 1964 As specified in this Article on 31 December 2011.
1 The employee is under and under the conditions of Act on payroll tax 1964 shall be entitled to take part in a life-flow scheme each calendar year.
2 The employer shall pay the salary withheld at the request of the worker in respect of a system of life to the performer designated by the worker.
3 In the request referred to in paragraph 2, the employee shall notify the employer of the amount of the salary to be kept and paid in each calendar year.
4 The employer shall grant the request in the latest from the beginning of the third calendar month following its submission.
5 The worker may make the request referred to in paragraph 2 only once a year, on the understanding that the employee may at any time request that the deductions and assignments be terminated.
This chapter cannot be derogated from at the expense of the worker.
Our Minister, in agreement with our Minister of Justice and Our Minister of Internal Affairs and Kingdom Relations, shall, within three years of the entry into force of this Law to the States-General, send a report on the effectiveness and effectiveness of the effects of this law in practice.
This Law shall enter into force on a date to be determined by Royal Decree which may be adopted in a different way for the various articles or parts thereof.
This law is cited as: Law labor and care.
Burdens and orders that it will be placed in the Official Gazette, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.
Issued in Gravenhage, 16 November 2001
Beatrix
The Secretary of State for Social Affairs and Employment,
A. E. Verstand-Bogaert
The Minister of Justice,
A. H. Korthals
The Minister of Home Affairs and Kingdom Relations,
K. G. de Vries
The Secretary of State for Defence,
H. A. L. van Hoof
Published the twenty-ninth of November 2001The Minister of Justice,
A. H. Korthals
