Key Benefits:
Law of 16 December 2004, laying down rules on the financing of social insurance (Social Insurance Financing Law)
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 reduce the administrative and execution burden and simplify the rules on the levying and recovery of premiums for workers ' insurance by the Member States. Tax authority together with and in as many cases as possible as the payroll tax and its rules and, moreover, the financing of employees ' insurances together with the scheme of financing the public insurance-including the withdrawal of, among others, the Public insurance financing law -to be included in a single law;
In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:
For the purposes of this Act and the provisions based thereon, the following definitions shall apply:
a. Our Minister: Our Minister of Social Affairs and Employment;
b. UWV: the Employee Insurance Implementation Institute, named in Chapter 5 of the Act implementing organisation of work and income ;
c. SVB: the Social Insurance Bank, mentioned in Chapter 6 of the Act implementing organisation of work and income ;
d. Zorginstitute: the Zorginstitute Netherlands, named in Article 58, first paragraph, of the Zorginsurance Act ;
e. care authority: the Dutch Zorgauthority, intended in the Health Organisation Act ;
f. Old Age Fund: the Old Age Fund, mentioned in Article 82, first paragraph ;
g. Survivors Fund: the Night Trust Fund, named in Article 82, second paragraph ;
h. [ Red: Expiring;]
i. Fund long-term care: the Fund's long-term care, named in Article 89 ;
j. General Unemployment Fund: the General Unemployment Fund, named in Article 93 ;
k. Sectoral fund: a sector fund as referred to in Article 94 ;
l. Government Implementation Fund: The Implementation Fund for the Government, mentioned in Article 106 ;
m. Inincapacity Fund: the Disability Insurance Fund, named in Article 112 ;
n. [ Red: expired;]
o. employee: the worker in the sense of the Unemployment law , the Disease law , the Law employment and income to work or the Incapacity for work insurance ;
p. government employee: the employee referred to in Article 1 (j) of the Unemployment Act ;
q. Employer: the employer in the sense of the Unemployment law , the Disease law , the Law employment and income to work or the Incapacity for work insurance ;
r. Government employer: the employer, intended to Article 1 (i) of the Unemployment Act ;
s. civil service number: the number, intended in Article 1 (b) of the general provisions Act civil service number ;
sa. [ Red: expired;]
t. inspector or consignee: the staff member of the tax authority designated as such under the arrangement of our Minister of Finance;
u. wage period: the period of pay, specified in Article 25, 1st and 4th member, of the Law on Earnings Act 1964 ;
v. [ Red: Expiring;]
w. Work review cashier: the Werkrevaluation Greenhouse, mentioned in: Article 113a ;
x. WGA benefit: the employment repayments benefit, in part, of work, intended in Article 54 of the Act of Work and Income on Employment .
For the purposes of this Act and the provisions based thereon, the following definitions shall apply:
a. Public insurance: compulsory insurance on the basis of the General Old-age Law , the General Survivors Act and the Long-term care law ;
b. voluntary public insurance: the voluntary insurance scheme based on the General Old-age Law and the General Survivors Act ;
c. Workers ' insurances: compulsory insurance on the basis of the Unemployment law , the Disease law , the Law employment and income to work and the Incapacity for work insurance ;
d. voluntary workers ' insurances: voluntary insurance on the basis of the Unemployment law , the Disease law , the Law employment and income to work and the Incapacity for work insurance .
The financial means to cover the expenditure chargeable to the public insurance funds shall be obtained by the imposition of contributions and by contributions from the State.
For the purposes of this Chapter and Section 2 of Chapter 7 The following definitions apply:
a. general old-age insurance: the insurance referred to in the Chapter II of the General old-age law ;
(b) survivors ' insurance: the insurance referred to in the Chapter 2 of the General Survivors Act ;
c. long-term care insurance: the insurance, intended Chapter 2 of the Act for long-term .
1 Compulsory for the public insurance is the insured person within the meaning of the public insurance.
2 Where: Article 26b of the Law on Earnings Act 1964 The worker referred to in that Article shall be deemed to be a contributory person. In respect of this worker, the Article 10, first paragraph , the percentages referred to were applied to the wages in the sense of the Act on payroll tax 1964 .
The benchmark for the levy of the public insurance premium is the premium income of the contributory.
1 For the purposes of the levy, the premium for the public insurance premium is defined as the taxable income from work and property determined by the rules of the Chapter 3 of the Income Tax Act 2001 . The allocation of the common income components of the contributory and his partner shall be carried out in accordance with Article 2.17 of the Income Tax Act 2001 . In the event of both tax liability and his partner, the choice made shall be the choice of the person concerned. Article 2.17, second paragraph, of that Act , both for the income tax levy and for the public insurance premium.
2 For the purposes of the levy on the public insurance premium, the term 'premium income' means the taxable amount of earnings in the sense of the Act on payroll tax 1964 with the exception of final charging components, intended for Article 31, first paragraph, points (d) to (g) of that Act .
3 The premium income is not taken up to a higher amount than the amount indicated as the second amount indicated in column II of the tariff table in Article 2.10, 1st paragraph, of the Income Tax Act 2001 . By way of derogation from the first sentence, the premium income of an aid subject born before 1 January 1946 shall not be taken into account at any rate higher than the second amount indicated in column II of the tariff table in Article 2.10a, first paragraph, of the Income Tax Act 2001 .
The premium for public insurance is the premium for public insurance reduced by the applicable premium for the premium for the public sector.
1 The public insurance premium is fixed at the sum of the percentages specified in Article 11 of premium income.
2 To the premium provided for in paragraph 1 of this Article shall be from the first day of the month in which the insured person is entitled to the retirement age. Article 7a, first paragraph, of the General old-age law , will not reach the premium for general old-age insurance.
1 The percentage of the premium for general old-age insurance shall be determined by means of a regulation of our Minister. It shall not exceed 18,25.
2 The rate of the premium for survivors ' insurance shall be determined by means of a regulation of our Minister.
3 The premium rate for insurance long-term care is established by arrangement of Our Minister of Health, Welfare and Sport in accordance with Our Minister.
4 If an amendment of a premium rate starts at a time other than 1 January, the fixing shall be made in accordance with our Minister of Finance and may be subject to rules on the method of calculation of the premium premium for the whole calendar year.
1 The public insurance tax credit is the sum of:
(a) where the person concerned is liable for the general old-age insurance scheme: Chapter 8 of the Income Tax Act 2001 Calculated charging reduction for general old-age insurance;
(b) where the person concerned is subject to a contributory obligation to the survivor's insurance: Chapter 8 of the Income Tax Act 2001 calculated reduction in the amount of the survivor's insurance;
(c) where the person concerned is liable for the insurance of long-term care: the Chapter 8 of the Income Tax Act 2001 calculated charging discount for the insurance long-term care.
2 If the public insurance premium is levied by way of deduction, for the purposes of applying the first paragraph, the charging rebates shall be mentioned in: Article 8.2 of the Income Tax Act 2001 , which are not part of the standard payroll tax discount, Article 21c of the Law on Earnings Act 1964 , considered not to be part of the standard charging discount, for the purpose of Article 8.2 of the Income Tax Act 2001 .
3 The levy reduction referred to in paragraph 1 shall apply to the person who is a contributory officer of the entire calendar year. In the case of a ministerial arrangement, rules shall be laid down for determining the reduction of the levy in respect of the person who is a contributory part of the year.
By arrangement of Our Minister, in agreement with our Minister of Finance and Our Minister of Health, Welfare and Sport, further rules may be made with respect to this section.
1 By ministerial arrangement, amounts may be fixed as a national contribution to the Subsistence Fund and the Old Age Fund.
2 Our Minister for Health, Welfare and Sport may set annual amounts as a driver's contribution to the Fund for long-term care.
For the benefit of the Ageing Fund, the Survivors Fund and the Fund for long-term care, a national contribution shall be paid each year to the costs of the public insurance tax rebates. This contribution will be determined by our Minister according to the formula: BIKKt = (BIKKt-1 + A* Kt-1) *K/Kt-1 where:
BIKKt = the contribution to the cost of the levy rebates in favour of the fund in a given year;
BIKKt-1 = the contribution to the costs of the levy rebates in favour of the Fund in the previous year;
A = the share of the premium in favour of the fund under the combined levy rate, Article 8.1 (c) of the Income Tax Act 2001 , in the year for which the contribution is granted, reduced by the share of the previous year;
Kt = the total estimated cost of the tax rebates in the year for which the contribution is granted, in accordance with our Minister of Finance and of Public Health, Welfare and Sport;
Kt-1 = the total estimated cost of the tax rebates in the year preceding the year for which the contribution is granted, in accordance with Our Minister of Finance and of Public Health, Welfare and Sport.
1 For the purposes of this Chapter, pay shall be taken to mean pay and pay in accordance with the provisions of the Act on payroll tax 1964 .
2 To pay do not include:
a. This is from an earlier service referred to in the Act on payroll tax 1964 is enjoyed with the exception of benefits under employee insurance or waiting money as referred to in the Article 6, fifth paragraph, second sentence, of the Unemployment Act and the additions thereto from the person to whom the worker is in employment and with the exception of surcharges on the basis of the Supplements Act ;
b. Final charging components as referred to in Article 31, first paragraph, parts b to h, of the Wet op de payroll 1964 ;
c. a concession provided for in Articles 63a of the Work and Income to Work Assets Act and 65l of the Disability Insurance Act.
1 The salary, to which the premiums are levied pursuant to this chapter, shall not be taken into account by the same employer to any excess amount than that of our Minister, in agreement with Our Ministers of Health, Welfare and Sport, and of the financial year, relating to the amount fixed in the calendar year. Furthermore, the daily wage which underpins or is placed on the basis of workers 'insurance or voluntary workers' insurances shall not exceed the amount referred to in the first sentence in respect of a pay period. of a day, where the calendar year is set to 261 days.
2 The amount referred to in the first sentence of the first sentence shall be recited and fixed for pay periods in respect of which earnings are referred to in the first sentence of Article 16 is enjoyed in respect of which our Minister considers this, in agreement with Our Ministers of Health, Welfare and Sports and Finance, that it is necessary. The redirection of the pay period from one year to another wage period is Article 25, 1st and 4th member, of the Law on Earnings Act 1964 mutatis mutandis, with the exception of the application to the daily wage of the day referred to in the second sentence of the first paragraph. The daily wage shall be recited and determined for periods of pay for which our Minister considers it necessary.
3 The premiums levied under this Chapter shall be calculated per earnings period on the difference between the salary enjoyed by the employee in the calendar year up to that period of pay and the wages paid by the worker in that calendar year. has benefited from the period of pay preceding that period of pay, on the understanding that the salary enjoyed by the same employer is not eligible for payment by the same employer, the part which is higher than that laid down in application of the second paragraph of Article 3 (1). amount per pay period, multiplied by the number of pay periods of the calendar year.
4 By arrangement of our Minister, in agreement with our Minister of Finance, rules may be set for the determination of the eligible wage for overlapping pay which is enjoyed simultaneously from a salary Service within the meaning of the Act on payroll tax 1964 and of a former service within the meaning of that law. The rules to be laid down shall be based on a total salary in a calendar year, which shall not exceed the amount referred to in the first sentence of the first paragraph, taking into account not more than one time the amount and the second sentence of the second paragraph. and third members shall apply mutatis mutandis.
5 The rules of our Minister, in agreement with our Minister of Finance, may lay down detailed rules in any event for the fact that, in the case of one or more employers, in addition to pay out of employment, benefits are also payable on the basis of of workers ' insurance or on the basis of Chapter 3, Section 2, Section 1, of the Law of Work and Care will be received.
1 The amount referred to in Article 17, first paragraph , shall be revised with effect from the day on which and to the extent specified in the amount of Article 8 (c) of the minimum wage law and minimum holiday allowances shall be reviewed.
2 The day referred to in paragraph 1 and the amount revised in accordance with paragraph 1 shall be published by Our Minister in the Official Journal.
3 The amount revised in accordance with paragraph 1 shall enter the place of the amount referred to in the Article 17, first paragraph .
4 Only for the calculation of pay to which the premiums are charged shall remain the amount referred to in the Article 17, first paragraph , as applicable from 1 January of a calendar year, during that calendar year in force.
Article 17, first and second paragraphs , does not apply in the cases, intended in Article 26b, first sentence, of the Law on Earnings Act 1964 .
The employer may not recover the premium due to the employee. Any clause that derogates from the first sentence shall be null and void.
No premiums for the employees ' insurance are due from the first day of the month in which the insured person is entitled to the retirement age. Article 7a, first paragraph, of the General old-age law -Will reach.
For the purposes of this Chapter, by way of derogation, the Article 8, third paragraph, of the Law on Work and Income to Work co-employed as an employee within the meaning of the Work and Income Act considered the person who is enjoying life leave under the scheme of life, intended to be Article 39d of the Law on Pay Taxation 1964 .
1 If an amendment to a percentage of premium under ministerial arrangement is made pursuant to this chapter at a time other than 1 January, the fixing shall be in accordance with our Minister of Finance.
2 If a change by the UWV from a premium rate pursuant to this chapter starts at a time other than 1 January, approval is required from Our Minister and Our Minister of Finance. If our Minister and Our Minister of Finance refuse to approve them, they will determine the percentage ourselves.
3 Our Minister and our Minister of Finance may, in a case as provided for in this Article, lay down rules on the method of calculating the premium for the whole calendar year.
1 The financial resources to cover expenditure incurred by the General Unemployment Fund and the Sectoral Funds are obtained by taxing premiums.
2 The premium is distinguished in part which is for the benefit of the General Unemployment Fund and part which is for the benefit of the sectoral fund which administered the UWV separately for the sector concerned.
1 This section does not apply to public employees and to public employers to the extent that they are employers of public employees.
2 By way of derogation from paragraph 1, this Section shall apply to those who receive benefits on the basis of the Unemployment law , the Disease law , the Law employment and income to work , the Incapacity for work insurance , or Chapter 3, Section 2, Section 1, of the Law of Work and Care , or a surcharge on the basis of Supplements Act , if they receive that benefit or supplement in respect of a service as a public employee.
The premium is payable by the employer within the meaning of the Unemployment law .
The taxable amount of the premium is the salary.
The part of the premium which benefits from the General Unemployment Fund is fixed by ministerial arrangement at a percentage of the wage which may vary for categories of employers and employees and may be determined by the the extent to which measures have been taken by employers to promote the sustainable labour force participation of workers. Detailed rules may be laid down in the context of, or pursuant to, a general measure of management.
1 The part of the premium benefiting from a sector fund is set by the UWV at a rate of pay that for categories of employers and employees belonging to different sectors and sector components as intended. Article 95 may differ, and may be determined by the degree to which those employers have taken measures to promote the sustainable employment of workers. Detailed rules may be laid down in the context of, or pursuant to, a general measure of management, including the setting of conditions for the delimitation of the different categories of employers and workers.
2 By way of derogation from the first paragraph, rules to be laid down by general management of directors shall be governed by ministerial rules on the payment of benefits under the Unemployment law , the Disease law , the Law employment and income to work , the Incapacity for work insurance , Chapter 3, Section 2, Section 1, of the Law of Work and Care to the worker or assimilated, intended in Article 3:6, first paragraph, of that law , on a surcharge on the basis of the Supplements Act and on pay under a contract of employment as referred to in Chapter 2 of the Social Employment Act for the part of the premium which benefits from a sector fund an average premium rate. This shall be calculated on the basis of an average of the percentages fixed under the first paragraph.
3 The amount of the premium to be paid by the Sectoral Fund under paragraph 2 shall not exceed the amount of the premium fixed under paragraph 1. The remaining part of this premium is in favour of the General Unemployment Fund.
4 The second paragraph shall not apply in the case of the benefit of the UWV, plus the contributions due on the part of the employer, and the income dependent on income, as referred to in Article 4 (2). Article 42 of the Zorginsurance Act , pays to the employer, meant in Article 9 , 10 or 12 of the Unemployment Act and the Disease law , Article 11 of the Law on Employment and Income to Work and in Article 8 , 9 or 11 of the Disability Insurance Act (Wet op de Disability) -independently of the continued existence of employment with that employer, unless that employer is an employer of the person receiving a salary from a contract of employment as referred to in Article 1 (2). Chapter 2 of the Social Employment Act .
5 The second paragraph shall also not apply in the case of a self-risk-bearer the benefit of the benefit in question. Article 63a Disease Act , pays or benefits, intended in Article 82 in conjunction with 84 of the Work and Income to Work Assets Act , pays, independently of the survival of the service with that self-risk carrier.
6 A percentage determined by the UWV as referred to in the first paragraph shall be subject to the approval of our Minister. If our Minister abstains from his approval, he shall determine the percentage itself.
The financial means to cover expenditure incurred by the Public Implementation Fund shall be obtained from the expenditure on the expenditure referred to in Article 4 (1) of the Article 79 of the Unemployment Act , in the case of public employers and by the imposition of a premium.
The premium is payable by the public employer.
The premium shall be fixed at ministerial level at a rate of pay.
1 The financial resources to cover expenditure chargeable to the Incapacity Fund are obtained by levating the basic premium provided for in: Article 36 , the quota charge, for the purpose of Article 38h , and by a contribution of the empire as intended in Article 114, part f .
2 The financial resources to cover expenditure from the Office of Work shall be obtained by levying the expenditure on the Article 38 Differentiated premium.
1 The premium is payable by employers within the meaning of the Law employment and income to work It consists of a basic premium and a differentiated premium.
2 By way of derogation from Article 20 the employer may, in respect of an employee, be subject to a differentiated premium payable by him for the purposes of the Work Revaluation account, as referred to in Article 4 (1) of the Article 38 Where the worker is subject to conditions to be determined under a ministerial arrangement to an amount to be determined under that scheme, which may not exceed one half of the premium payable by the employer.
3 The quota levy is payable by employers within the meaning of the Law employment and income to work .
4 The quota charge shall not be payable if, in the calendar year preceding the calendar year on which the quota levy is levied, the employer has multiplied less than 25 with the average number of hours of leave per employee per person employed on an annual basis in the The Netherlands on leave to leave as intended Article 38b, fourth paragraph , in the payroll declaration on the basis of the Act on payroll tax 1964 is responsible.
5 In the case of a general measure of management, categories of workers may be designated, for whom the period of leave of the fourth member is deducted from the total number of hours of leave that the employer has received in the Wage declaration is responsible.
6 If the quota levy was due under paragraph 4 but in the calendar year on which the quota levy is charged, the employer shows that less than 25 multiplied by the average number of hours of leave per person employed on the basis of the quota levy annual in the Netherlands for hours of engagement as intended Article 38b, fourth paragraph , in the payroll declaration on the basis of the Act on payroll tax 1964 is responsible, the quota levy is not due.
7 The hours of leave to be taken into consideration for the purposes of paragraphs 4 and 6 shall be determined on the basis of the earnings reports of 1 May of the year on which the levy is levied not later than 1 May of the year on which the levy is levied. the following on the calendar year for which the quota levy is charged and the corrections to be made by that date. Only salary declarations and corrections shall be taken into account in respect of the calendar year preceding the calendar year on which the quota levy is levied for the calendar year over which the quota levy is charged. ed.
8 In the case of, or under general management, rules shall be laid down for the implementation of the fourth and sixth paragraphs, which shall cover in any case:
a. the average annual number of hours of leave per employee in the Netherlands, on an annual basis, in the relevant calendar year;
(b) the redirection of the total number of hours of leave by the employer if the employer has not had the status of employer during the calendar year in question.
1 The measure of the levy of the premium is the salary.
2 The criterion for the quota charge is the number of hours of leave provided for in the Article 38b, fourth paragraph .
In the case of a ministerial arrangement, a percentage equal to all branches of the holding and occupation shall be established for the calculation of the basic premium.
1 For the purposes of this Article:
Employers category: employers who, in the second calendar year, have entered, in the course of the calendar year in respect of which the premium is fixed, wages on which the premiums are charged under this Chapter which is equal to, more or less than than an average of the average of this salary to be determined by a general measure of management, paragraph 1 of Section 1 of this Chapter , per employee, in that calendar year.
2 The UWV establishes:
(a) for the calculation of the differentiated premium for the purposes of the Revaluation Cash; a rate of calculation applicable to all branches of the holding and occupation;
(b) for the calculation of the rate of calculation referred to in subparagraph (a), a percentage average for all branches of business and occupation.
3 Each year, with effect from 1 January, a premium shall be fixed at or reduced by the percentage of the percentage referred to in paragraph 1 (a). At or under general management measure it may be determined that the storage or discount to category of employer for the employer, either separately or by sector, as referred to in Article 95 , it shall be established, where the discount or premium may vary or be fixed at zero for employers by sector or sector. If an employer has applied the Articles 96 or 97 is affiliated to different sectors, for each business part of the employer where work is carried out belonging to a separate sector, the storage or discount applied as was that business part a separate Employer. For the employer for whom the discount or storage is determined separately, the inspector shall determine the discount or storage in the case of a statement of interest.
4 The inspector shall, in the case of a transfer of an undertaking within the meaning of Article 662 of Book 7 of the Civil Code As well as in the event of such a transfer in the event of bankruptcy, of the storage or reduction provided for in paragraph 3, the decision may again be taken by the employer who obtains, or a part thereof, an undertaking or a part thereof and the employer of the Employer transferring part of his enterprise.
5 The inspector sets, in case an employer has been granted permission to carry out himself the risk of payment of cash sickness benefit or WGA benefit and death benefits as referred to in Article 40, first paragraph The storage or reduction provided for in the third paragraph of Article 40 shall be re-established by the employer itself, and in the case where the risk referred to in the first paragraph of Article 40 is terminated or terminated, as referred to in the third paragraph, by the decision of the Court of First Instance. from the date of commencement of the risk or ended or is terminated.
6 In the case of, or under general management, rules shall be laid down concerning:
the arrangements for determining the rate of calculation referred to in paragraph 2 (a) and the average percentage referred to in paragraph 2 (b), taking into account the different charges relating to the working order of employment;
b. the method of calculating the storage and reduction of the storage and reduction provided for in the third and fourth paragraphs;
(c) the percentages which may not exceed the categories of employers, sector or sector, or the percentages required under this Article for at least the categories of employers, sector or sector; Apply.
7 The inspector is empowered to review a decision pursuant to this Article where the existence of any ground for the presumption that the decision has been taken on the basis of incorrect or incomplete information is present. A review to the detriment of the employer shall be possible only if this deficiency is due to the fact that the employer or the former employer may have been allocated or could reasonably have been known. The inspector shall determine the review in the case of a contested decision. The power to review shall be carried out no later than 1 January of any year to which the decision relates and shall expire on the expiry of five years from the end of the calendar year to which the decision relates.
8 Commission decisions taken pursuant to this Article shall be heard in the UWV and in accordance with the UWV.
1 By way of derogation from Article 38 is a benefit on the basis of the Law employment and income to work , the Incapacity for work insurance , the Disease law , Chapter 3, Section 2, Section 1, of the Law of Work and Care , the Unemployment law , on a surcharge on the basis of the Supplements Act and on the wage of a service on the basis of the Social employment law In the case of a differentiated premium, a replacement premium shall be payable for the purposes of the Reinsurance Business. A cash benefit under the Unemployment Act shall be treated as a waiting money as referred to in Article 3 of the Treaty. Article 1 (r) of the Public Employees Act under the employees ' insurance .
2 Except for the person receiving a salary from a service on the basis of the Social employment law the first paragraph shall not apply in cases where the UWV provides for the benefit, together with the contributions due on the part of the employer and the income dependent on income, as referred to in Article 4 (2). Article 42 of the Zorginsurance Act , pays to the employer, meant in Article 11 of the Law on Employment and Income to Work and in Article 9 , 10 or 12 of the Unemployment Act and the Disease law , independently of the continued existence of the employment relationship with that employer.
3 The first paragraph shall also not apply in the case of a self-risk-bearer the benefit of the benefit, Article 63a Disease Act , pays or benefits, intended in Article 82 in conjunction with 84 of the Work and Income to Work Assets Act , pays, independently of the survival of the service with that self-risk carrier.
4 In the case of, or under general management, rules shall be laid down on the manner in which the replacement premium referred to in paragraph 1 shall be established.
1 In this paragraph and the provisions based thereon, a work-limited means the person, other than the person who is determined by the college of mayor and aldermen, that he is exclusively living in a sheltered environment. custom conditions has potential for labor participation as intended in Article 10b, 1st paragraph, of the Participating Act and:
a. Those with support in the labour-circuit of the college of mayor and aldermen on the basis of Article 7, first paragraph, part a, of the Participation Act has been or is being directed, and who has been determined by the UWV exclusively at the request of the college of mayor and aldermen that he is unable to earn the statutory minimum wage, intended in Article 2 (c) of the Act of Participation ,
b. is indicated as intended in the Social employment law whether an indication decision is still in force on the basis of Article 11 of that Act , as that Article was worded as at 31 December 2014,
c. who are entitled to labour support or disability benefits under the law of the Law on incapacity for work of young handicapped persons has, unless this person does not have any potential for employment on a sustainable basis as referred to in Article 1a: 1 of that Act ,
d. which complies with an indication established by or on the basis of a general measure of management; or
e. whose own request is made by the UWV or is determined to be unable to earn the statutory minimum wage, is intended to be Article 2 (c) of the Act of Participation . In the case of a general measure of management, further rules shall be laid down in respect of the person referred to in the previous sentence.
2 For the purpose of applying this paragraph and the provisions based thereon, a working limit includes a person who, in the opinion of the UWV, arose for reasons of illness or defect before the age of 18 years of age or in the time he was stuttering as intended in Article 1: 4 of the Wet incapacity for the young handicapped has an obstacle to employment in employment, on the basis of Article 10 of the Act of Participation or Article 35 of the Act of Work and Income to Work receives a provision and without that provision is unable to earn the statutory minimum wage, intended in Article 2 (c) of the Act of Participation .
3 With regard to the assessment by the UWV, whether a person is a labour restricted as referred to in the second paragraph, rules shall be laid down by or pursuant to a general measure of management.
4 In this paragraph and in Article 122n and the provisions based thereon shall be understood as 'hours of leave': the hours on which earnings have been paid and included in the payroll declaration on the basis of Article 28, 1st paragraph, of the Law on Pay Taxation 1964 and which are also included in the police records on the basis of Article 33, second paragraph, of the Act implementing organisation of work and income .
5 In this paragraph and the provisions based thereon, the decision shall be taken to mean: Article 38h, first paragraph Decision, as well as the decision revised pursuant to Article 38h (5) thereof.
Under the arrangements of Our Minister, employers shall be used to implement this paragraph and Article 122n Classified with the general government sector or non-government sector.
1 The UWV shall ensure the establishment and the adequate functioning of the registration of labour restrictions and shall be the person responsible in the sense of the Personal data protection law with regard to the processing of data, including personal data referred to in the Personal Data Protection Act, for the purposes of this registration.
2 The UWV shall incorporate into the registration referred to in paragraph 1 the data on labour restrictions with a view to promoting the labour participation of such persons and for the purpose of establishing the quota charge, as referred to in Article 2 (1) (2) of the Treaty. Article 38h .
3 The College of Mayor and Aldermen provides the UWV on its own initiative and requires, on request, free of charge information on labour restrictions, intended to be used in the Article 38b, first paragraph, parts a, b, d and e, and second member , which are necessary for data processing purposes, referred to in the first paragraph.
4 The UWV provides the college of mayor and aldermen and the tax authorities on their own initiative and requires, upon request, data from the registration provided for in paragraph 1 which are necessary for the performance of their tasks.
5 The UWV is empowered data it processes for the execution of the Law on incapacity for work of young handicapped persons and for the performance of the task, specified in Article 30d of the Law structure implementing organisation work and income , to be processed for the purposes of the registration provided for in paragraph 1.
6 The UWV and the tax authorities are empowered to process the data, which they process in the police records on the basis of Article 33 of the Act implementing organisation of work and income also to be processed in so far as they are necessary for the promotion of labour participation of labour restrictions and for the determination of the quota levy referred to in Article 38h .
7 The UWV shall be empowered to notify the employer, at the employer's request, whether the employee designated by the employer or the person who might be employed in his service, on the basis of the civil service number, is included in the registration, Referred to in the first paragraph.
8 The college of mayor and wethouders and the UWV inform the person on whom the data relates to the processing of his data under this article before the data is recorded in the registration, intended in the first member, or shall be provided with a view to that commitment, unless this person is reasonably aware of that fact.
9 In the case of, or under general management, detailed rules shall be laid down, in any case concerning:
(a) the establishment, the data set and the method of obtaining the data for the purposes of the registration provided for in paragraph 1;
b. the validity period of registration of the person and the expiry date of registration of the person; and
c. the determination of the Article 38b, first paragraph, part a, first , for the purposes of the inclusion of persons included in the registration provided for in paragraph 1.
10 In the case of, or under general management, detailed rules may be laid down regarding automatic disclosure by the UWV of data from registration referred to in the first paragraph to employers.
1 The quota deficit referred to in the Article 38g , levy due if it is on the basis of Article 122n, first paragraph , for the employer in the relevant sector has been activated.
2 The quota levy is charged in respect of the calendar year over which the quota deficit is fixed, with the quota deficit determined by the number of jobs filled by labour restrictions, expressed in leave hours, in relation to the calendar year. Total number of jobs, expressed in time of leave, in that year, in accordance with the calculation formula, Article 38g, third paragraph .
3 The hours of payment to be taken into consideration for the purposes of paragraph 2 shall be determined on the basis of the earnings reports submitted by 1 May of the year following the calendar year referred to in paragraph 2, and the number of years of application of the second paragraph. corrections shall be made at the latest by that date. Only payroll declarations and corrections shall be taken into account in respect of the calendar year over which the quota deficit is determined.
1 By arrangement of Our Minister, in the calendar year preceding the calendar year over which the quota deficit is referred to in Article 38g In order to determine the quota deficit referred to in Article 38g, a percentage of quota for the general government sector shall be fixed for the corresponding calendar year by the non-government sector in accordance with the conditions laid down in Article 3 (1) of the Treaty. calculation formula referred to in the second paragraph. This scheme shall be used to publish the calculations under the second paragraph which resulted in the calculation of that percentage. The percentage shall be rounded down to two decimal places.
2 The percentages of quota shall be calculated according to the following formula:
where:
A = total number of jobs held by employers who are due under Article 34, third and fourth members, who are filled by labour restrictions as referred to in Article 4 (1) of the Treaty. Article 38b, first paragraph on the basis of the zero measurement on 1 January 2013 in the general government sector, non-government sector
B = the number of additional jobs for labour restricted as intended Article 38b, first paragraph for employers, to be achieved from the calendar year 2015 in accordance with the social agreement for the general government sector
C = average number of hours of leave of labour restricted as referred to in Article 38b, first paragraph in the general government sector and non-government sector together
D = the total number of jobs of employers in the general government sector is the non-government sector which is based on the Article 34, third and fourth paragraphs , quota levy payable
E = the average number of hours of leave of an employee to employers in the general government sector and non-government sector taken together Article 34, third and fourth paragraphs , quota levy payable
F = the number of labour restricted, Article 38b, second paragraph , in the general government sector, non-government sector
G = average number of hours of leave of labour restricted as referred to in Article 38b, second paragraph In the general government sector, the non-government sector.
3 In the case of, or under general management, detailed rules relating to variables A to E of the formula referred to in the second paragraph shall be laid down. In this respect, categories of workers whose jobs are deducted from the total number of jobs referred to in the second paragraph as regards variable D may be identified.
4 In the case of, or under general management, detailed rules relating to the variables F and G of the formula referred to in the second paragraph shall be laid down. The nomination for a general measure of management established in accordance with the preceding sentence shall not be taken more than four weeks after presentation to the two Chambers of the States-General.
5 By arrangement of Our Minister, employees may be employed in certain types of service for the application of the First and Second Member States and Article 122n, first paragraph , shall be treated in the same way as labour restrictions.
6 In respect of the employees referred to in paragraph 5, this Section shall apply mutatis mutandis.
1 For the purpose of determining the quota charge, Article 38h , the ratio deficit per employer shall be determined in accordance with the calculation formula referred to in the third paragraph.
2 For the purposes of this Article, not as a worker, and not as a working person, the person who works in a employment relationship shall not be regarded as an employed person. Article 2 of the Social Employment Act , unless this person has been designated under the fourth paragraph and has been made available to the employer.
3 The quota deficit shall be calculated according to the following formula:
where:
A = total hours of employment of employees of the employer in the calendar year over which the quota deficit is set
B = the percentage of the quota which is based on Article 38f, first paragraph , is fixed for the calendar year in the general government sector, the non-government sector to which the employer belongs.
C = number of hours of leave to be paid to the employer of labour restricted in the calendar year over which the quota deficit is set
D = the average annual number of work restrictions in the general government sector and the non-government sector together.
4 In the case of a general measure of management, categories of labour restrictions made available to the employer for him under his supervision and management shall be designated, which shall be established in accordance with or pursuant to that measure. Rules shall be considered to be labour and labour restrictions to which the third paragraph applies. For the purposes of paragraph 3, these categories of labour restriction shall not be considered as being in employment to the employer who has made them available to them. Detailed rules for the application of the third paragraph shall be laid down in connection with this paragraph or pursuant to this paragraph.
5 In the case of or under general management measure, categories of workers may be designated for which the hours of leave are deducted from the total number of hours of leave referred to in the third paragraph, as regards: Variable A.
6 In the case of, or under general management, detailed rules shall be laid down on the way in which a quota deficit is determined.
1 The inspector shall determine, by way of objection, the statement of the quota charge for the employer, in respect of whom a deficit is as referred to in the first paragraph of this Article. Article 38g is determined.
2 In any event, the Decision shall contain:
a. the determination that the employer is owed quota charges on the basis of Article 34, third and fourth paragraphs ;
(b) the calendar year on which the quota deficit is fixed to which the decision relates;
c. the total number of hours of leave to be delivered to the employer in the calendar year over which the quota deficit was established;
d. the number of those leave hours completed by labour restrictions;
e. the calculation of the quota deficit referred to in Article 38g, third paragraph ;
f. The amount of the quota charge.
3 The determination of the quota charge shall be made before 1 August following the calendar year over which the quota deficit is fixed.
4 The quota levy is the quota deficit multiplied by € 5,000.
5 The inspector is empowered to review a decision pursuant to this Article where the existence of any ground for the presumption that the decision has been taken on the basis of incorrect or incomplete information is present. A review to the detriment of the employer shall be possible only if this deficiency is due to the fact that the employer or the former employer may have been allocated or could reasonably have been known. The inspector shall determine the review in the case of a contested decision. The power to review shall expire on the five years following the end of the calendar year to which the decision relates.
6 Commission Decisions on the basis of this Article shall be taken to hear the UWV and in accordance with the UWV.
7 On the objection, appeal, appeal and appeal in cassation on the order of Chapter V of the General Law on State Taxation applicable mutatis mutandis. The objection, appeal, appeal and appeal in cassation relating to the decision cannot be based on the complaint that an employee is not included in the registration provided for in the Article 38d .
8 Section 4.1.3.2 of the General Administrative Law Act shall not apply in respect of the decision of the inspector following the objection to the decision referred to in the first and fifth paragraphs.
1 The inspector shall make the decision making the statement of the following statement to the recipient in order to make it available. Without prejudice to the provisions of this paragraph, the recovery of the quota charge shall be effected with the application of the Act of recovery 1990 and the Cost Bill-Income Tax Act It was a tax on the subject of a tax.
2 The decision is payable six weeks after the date of the decision.
The tax authorities are responsible for the levying of the quota levy and for the recovery of the levy.
Our Minister may fix amounts used annually or in the year in question as a driver's contribution, as referred to in Article 4 (1). Article 114, part f , for the benefit of the Disability Fund.
1 The inspector shall, on application to an employer in accordance with this Section, grant an application for an objection of an objection to the employer to carry out the risk of payment of:
a. Sickness benefit to the persons referred to in the Article 29, second paragraph, parts a, b and c, of the Disease Act , who were last to the employer in employment and the death benefits under that law to the survivors of such persons; or
b. WGA benefits and death benefits in accordance with Chapter 9 of the Law on Employment and Income to Work .
2 The employer shall, in an application as referred to in subparagraph (b) of the first paragraph, provide a written guarantee that a bank or an insurer is committed to the UWV, at the first request of the UWV to which the UWV wrote in writing States that the obligations arising from the risk of the risk are not met, those obligations arising from the risk of failure to fulfil their obligations. Our Minister's arrangement, in agreement with our Minister of Finance, can be used as a model to be used for the guarantee, meaning in the first sentence.
3 The public employer, referred to in Article 1 (k) of the Public Employees Act under the employees ' insurances In so far as it is designated by our Minister in agreement with our Minister of Finance, he is relieved of the obligation to produce a written guarantee as referred to in the second paragraph.
4 The consent referred to in paragraph 1 shall not be granted for three years after the employer's own bearing of the relevant risk referred to in paragraph 1 has ended or ended.
5 A bank referred to in paragraph 2 shall be understood to mean a financial undertaking which, following the Law on financial supervision in the Netherlands, the company of bank may exercise.
6 An insurer referred to in paragraph 2 shall be understood to mean a financial undertaking which, following the Law on financial supervision in the Netherlands, the life insurer or the non-life insurer may exercise.
7 The guarantee referred to in the second paragraph shall be given for an unlimited period. This guarantee extends to successors under the general title of the own-risk-bearer and to the risk of being transferred to the recipient employer, which is intended to be the subject of a Article 84, third paragraph, of the Law of Work and Income to Labor . This warranty may not be terminated by the relevant bank or insurer without written notice to the inspector.
8 The guarantee, referred to in paragraph 2, does not extend to a WGA benefit in respect of incapacity to work arising from a circumstance as referred to in Article 3 (1) of the Treaty. Article 3:38 of the Law on Financial Supervision , due to a circumstance resulting from one or more terrorist acts to the extent that the total damage caused by such acts in a calendar year in the event of injury or life insurers subject to the Law on financial supervision apply, is to be declared, is expected to be higher than the maximum reinsured by that carrier by the Dutch Herinsurance Corporation for Terrorism Group, or by a nuclear accident if Intended in Article 1, first paragraph, of the Non-Liability Kernonfallen Liability Act .
9 The authorisation referred to in paragraph 1 shall be granted by the inspector as from 1 January or 1 July of any year, provided that the application has been lodged for at least 13 weeks before the date in question. A start-up employer shall be authorised at his request from the date of commencement of the commencement of the employer's employer.
10 The risk borne by the employer as referred to in the first paragraph:
(a) shall end from the day on which the written guarantee referred to in paragraph 2 ends, as from the day on which the owner of the property is declared bankrupt or, in respect of the latter, the any natural persons debt restructuring scheme has been declared to be applicable or the day on which he ceases to be an employer;
b. The inspector shall end on 1 January or 1 July of any year, at the request of the employer, on an application by the employer, provided that this application has been lodged for at least 13 weeks before the date in question;
c. may be terminated by the inspector without an application from the employer, with immediate effect, on an objection which may be contested if the court or tribunal is subject to the emergency Chapter 3.5 of the Law on Financial Supervision has expressed its opinion on the insurer's sub-member bank.
11 In a case referred to in paragraph 10 (a), the inspector shall give notice, at the employer's request, in the case of a statement of objections.
12 The inspector is responsible for the withdrawal of the decision referred to in paragraph 1 where the existence of any ground for suspecting that the decision has been given on the basis of incorrect or incomplete information and that failure is due to it. of a fact which may be imputable to the employer or the former employer, or which could have been reasonably known. The inspector shall lay down the decision to withdraw the decision in the case of an objection. The power to revoke shall return no later than 1 January of any year to which the decision relates and shall expire on the expiry of five years from the end of the calendar year to which the decision relates.
13 If the period specified in Article 82, 1st paragraph, of the Law of Work and Income to Labor is amended to mean that the change means an extension of the period, the employer himself carries out the risk of paying the WGA benefit and the death allowance, intended in Article 74, 1st paragraph, of the Law of Work and Income to Labor , within a period to be determined by ministerial arrangement, a written guarantee to the inspector showing that a bank or an insurer is committed to the UWV, at the first request of the UWV, whereby the UWV wrote in writing States that the obligations arising from the risk of the risk are not met, those obligations arising from the risk of failure to fulfil their obligations.
14 If the thirteenth member is not or is not satisfied in a timely way, the employer itself shall end the risk referred to in paragraph 1 (b) from the day on which the change in the period referred to in paragraph 1 is to be made. Article 82, 1st paragraph, of the Law of Work and Income to Labor enters into force.
15 By ministerial arrangement further rules may be laid down with regard to the thirteenth and fourteenth Member States.
16 Commission decisions taken pursuant to this section shall be heard in the UWV and in accordance with the UWV.
17 In the case of a general measure of management, it may be stipulated that the authorisation referred to in the first sentence of the ninth paragraph and the termination referred to in paragraph 10 (b) shall be granted only on the one hand or the other on the one hand, with effect from 1 January. January of any year. In the case of a settlement of our Minister, in accordance with our Minister of Finance, the period of 13 weeks provided for in paragraph 9, first sentence, and the tenth paragraph, part (b) may be shortened in particular circumstances.
1 The self-risk carrier with regard to the WGA benefit referred to in Article 40, first paragraph, part b , and the start employer, intended in Article 40, ninth paragraph , which is pending the decision to be taken by the inspector on request, intended in Article 40, first paragraph, part b The costs mentioned under ministerial arrangement for an employee for the benefit of own risk may be subject to conditions to be determined under ministerial rules, up to a maximum of half of the worker's accounts.
2 The self-risk carrier which is intended to cover the risk Article 40, first paragraph , an insurance has concluded that the premium payable by him in respect of such insurance shall not be subject to any information on the employee to the extent that this does not result from the first paragraph. Any clause derogating from the first sentence shall be null and void.
1 In the case of, or under general management, rules are laid down for the fixing of the differentiated premium provided for in Article 38 , in the case of own-risk bearing on the basis of Article 40, first paragraph , and where Article 40, ninth paragraph, applies to the employer.
2 In the case of a general measure of management, detailed rules may be laid down in respect of this section.
To a municipality or to an administration of a public body under a common regime as referred to in Article 1 Article 1, second paragraph, of the Social Employment Act shall not be authorised as specified in: Article 40, first paragraph, introductory wording and part b , with regard to workers employed in a service related to the Social employment law .
1 The employer applies a discount to the total of the total of the Divisions 2 , 3 and 4 premiums due in respect of a service to an employee:
a. which immediately prior to the commencement of employment is entitled to a benefit based on the Unemployment law , the Incapacity for work insurance , the Law employment and income to work , the Law on incapacity for work of young handicapped persons , the Law for incapacity for the self-employed , the Law on incapacity for work in the military , the Participation Act , the Income Provision of the older unemployed , the Income Provision of the elderly and partially unemployed unemployed workers , the Law on income provision older and partly incapacitated self-employed workers and the General pension law political office holders , or on waiting money as intended in Article 6, fifth paragraph, of the Unemployment Act , or is entitled to income support on the basis of the Law on incapacity for work of young handicapped persons ; and
b. who at the time of employment in that employer is 56 years of age or older.
The reduction shall be applied in respect of the period of employment of that worker, but not more than the first three years from the beginning of such employment.
2 In the case of a general measure of management, it may be determined that the first paragraph shall apply mutatis mutandis to a employment relationship with an employee, who shall be the subject of a category of persons to be determined immediately prior to the entry into force of that provision. start of employment law on survivor's benefit on the basis of the General Survivors Act .
3 Before the reduction referred to in paragraph 1 is applied, the employer shall have an employee insurance contract, the Social Insurance Bank, the college of mayor and aldermen, or any other person. benefit, that the employee, referred to in the first or second paragraph, had prior to the date of commencement of the employment contract, entitled to a benefit referred to in paragraph 1 (a), or to the second paragraph.
4 The employer shall keep the certificate referred to in the third paragraph by the payroll administration.
The discount, for the purpose of Article 47, first and second paragraphs , amounts to € 7000 per year.
1 The employer applies a discount to the total of the total of the Divisions 2 , 3 and 4 premiums due in respect of a service with an employee who:
a. immediately prior to commencement of employment is entitled to a benefit on the basis of the Unemployment law or the Participation Act ;
b. entered into service with that employer on or after 1 January 2014, but before 1 January 2016;
c. at the time of service to that employer is 18 years of age or older but has not yet reached the age of 27 years; and
d. a contract with an agreed duration of at least six months and with a working time of at least 32 hours per week and in the case of a service caught on or after 1 July 2015, a working period of not less than 24 hours per week.
2 The reduction shall be applied in respect of the period of employment of the employed person referred to in paragraph 1, subject to the following:
a. That for service relations which have been established on or after 1 January 2014 but before 1 July 2014 the reduction may be applied to the duration of the service but not more than two years from 1 July 2014;
b. that for service relations which have been commenced on or after 1 July 2014 but before 1 January 2016 the reduction may be applied for the duration of the direlating but not more than two years from the beginning of that provision;
c. that the discount is no longer applied than up to and including the return period ending on 31 December 2017.
3 The reduction will no longer be applied once the first paragraph is no longer met, part d.
4 Before the reduction referred to in paragraph 1 is applied, the employer shall have the following:
(a) the written contract of employment with or the written public contract of the worker certifying that the first member of the contract is satisfied;
b. a statement from the Employee Insurance Implementing Institute or the College of Mayor and Alderman that the employee, referred to in the first paragraph, had prior to the date of commencement of employment entitlement to a benefit as Referred to in paragraph 1 (a).
5 The employer shall keep the contract of employment or the public employment contract and the declaration referred to in the fourth paragraph of the payroll administration.
6 Article 50a shall apply mutatis mutandis.
1 The discount, for the purpose of Article 48a , it shall be € 3,500 per year, except that the discount for the period 1 July 2014 to 1 January 2015 shall be € 1,750.
2 Article 50b, third paragraph , shall apply mutatis mutandis.
1 The employer applies a discount to the total of the total of the Divisions 2 , 3 and 4 premiums due in respect of a contract with an employee, who shall immediately prior to the commencement of employment:
a. is entitled to a benefit on the basis of the Law employment and income to work ;
b. has a right to work support or disability benefit on the basis of the Law on incapacity for work of young handicapped persons ;
c. is indicated as intended in the Social employment law whether an indication decision is still in force on the basis of Article 11 of that Act , as that article was before the date of entry into force of Article II of the Act of Import Participation Act ;
d. is not an employee referred to in parts b, c, f or g, has not reached the age of eighteen and has experienced or experienced an impediment in connection with illness or lack of education, and within five years of finalisation of that education shall carry out employment in employment;
e. is not an employee referred to in parts b, c, f or g, is eighteen years or older and in relation to illness or defect has or has experienced an impediment or has experienced in the following years of education and within five years of completion of that teaching the provision of employment in employment;
f. is a person who supports the labour-switching of the college of mayor and aldermen on the basis of Article 7, first paragraph, part a, of the Participation Act has been or is being directed to a service, and who has been determined by the UWV that he is unable to earn the statutory minimum wage meant in Article 2 (c) of the Act of Participation , unless the service has been entered into before 1 January 2016; or
g. Met an indication as intended Article 38b, first paragraph, part d , or employed in a service, designated on the basis of Article 38f, fifth paragraph , then after the quota levy on the basis of Article 122n, first paragraph , was activated for the employer in question, was a labour force as referred to in Article 38b, second paragraph.
The reduction shall be applied in respect of the period of employment of that worker, but not more than the first three years from the beginning of such employment.
2 The first paragraph shall apply by analogy to the worker referred to in paragraph 1 (a), who has resumed his or her work in whole or in part, or has been employed by the same employer for as long as he has been employed by the Member State concerned. the duration of employment but not more than one year after the employee has resumed his own employment in whole or in part, or has been employed by the same employer.
3 The first paragraph shall apply mutatis mutandis to the worker whose employment is determined to be on the first day after the end of the waiting period, as referred to in Article 3 (2). Article 23 of the Act of Work and Income to Labor or of the period referred to in Article 24 or -25, ninth member, of that law :
1 °. less than 35% incapacity for work,
2. on the first day of 11 weeks prior to that date, had no employment relationship with any employer other than his own, unless the employment relationship with that other employer already existed on the first day of the waiting period,
3. is unable to perform his or her own appropriate employment with the employer; and
4. within five years from that day, to carry out work in the employment service with an employer.
4 The UWV shall, at the request of the employee or the person who expects to engage in employment with an employer, make a statement or the applicant, in the view of the UWV, fulfils the conditions for the application of the first paragraph, part d or e.
5 Under ministerial arrangements, rules may be laid down for the data which the employer keeps to the payroll records certifying that the employee referred to in paragraph 1 meets the date of commencement of employment. to the first member.
1 The discount, for the purpose of Article 49 , amounts to € 7,000 per year.
2 By way of derogation from the first paragraph, the reduction shall be: Article 49 , € 2,000 per year if it concerns an employee as referred to in Article 49, first paragraph, parts b, c, f or g.
1 In the case of a general measure of management, it may be determined that the employer applies a reduction to the amount of the reduction Divisions 2 , 3 or 4 premiums due in respect of an employee's employment, where the employer has taken measures to promote the employment of that worker on a permanent basis.
2 By or under the general measure of management referred to in the first paragraph, the measures deemed to promote the sustainable employment rate shall be determined and the level of the reduction shall be subject to the extent to which the reduction in the rate of employment is employer who has taken action in respect of the worker.
3 In the case of a ministerial arrangement, rules may be laid down for the data which the employer keeps to the payroll records showing the extent of the measures taken in the first and second paragraphs of the measures taken.
1 The Articles 47 and 49 are not applicable, if the worker:
a. Work carried out in a service referred to in Article 2 of the Social Employment Act or in the sense of Article 10b, third paragraph, of the Participating Act , or
b. pensionable age referred to in Article 7 (a) of the General old-age law , has reached, with effect from the first day of the month in which this age has been reached.
2 Article 47 does not apply to a employment relationship with an employee, if the employer is involved in a service with the same worker Article 49 can apply or have applied.
1 The amount of the discount, referred to in Article 48 , 50 and 50a, second member , shall be reduced proportionately, if the average working time per week agreed to that employee is less than the full duration of the period during the period for which the premium is paid, which is set at 36 hours a week, and if no fixed working time has been agreed.
2 For an employee without a fixed agreed working time, the reduction in the amount of the discount is referred to in Article 48 , 50 and 50a, second member Determined on the basis of the number of hours on which the employer is due to pay during the period for which the premium is paid for a period of time to weeks.
3 If application of Article 48 , 50 and 50a, second member would result in a negative premium being levied, the premium would be set at zero.
1 By arrangement of our Minister, in agreement with our Minister of Finance, with regard to the premium discounts rules shall be set about the application of those reductions if the service is interrupted or consecutive and different service links from the same employer, or in the case of transfers of undertakings and for the employment of the service.
2 By arrangement of Our Minister, in agreement with our Minister of Finance, rules may be set for the good execution of Section 1 of this section , including for calculating the proportional reduction and the aggregation of premium rebates and premium exemption during the period for which premium is paid.
1 Upon application by an employer, the inspector shall, in accordance with the UWV and in accordance with the UWV, exempt from any premiums payable under this Chapter in the case of an objection to an objection which may be liable to an objection. a person entitled to benefit if:
a. The service shall last up to six consecutive weeks; and
(b) the employer has not previously entered into a employment relationship with that benefit in the calendar year; and
(c) exemption has not previously been granted for a service of that benefit in the calendar year.
2 For the purposes of application of paragraph 1, the relationship between the employer and the person entitled to benefit shall be considered as not to be interrupted, if that relationship does not exceed one another at intervals of not more than one another. Thirty-one days have been followed.
3 For the purposes of this paragraph, the beneficiary shall mean the person whose income from and in connection with employment in business and working life immediately prior to the commencement of the period referred to in the first paragraph of that paragraph Employment shall consist exclusively of an allowance or income provision on the basis of the Participation Act , the Income Provision of the elderly and partially unemployed unemployed workers , the Law on income provision older and partly incapacitated self-employed workers , the Unemployment law , the Law employment and income to work , the Incapacity for work insurance , the Law for incapacity for the self-employed , the Law on incapacity for work of young handicapped persons , the Income Provision of the older unemployed The Supplements Act or a benefit on the basis of comparable schemes or of a combination of such benefits and registered as a jobseeker for the UWV.
4 The third paragraph shall apply mutatis mutandis to the person entitled to employment support on the basis of the Law on incapacity for work of young handicapped persons .
1 The employer shall request the exemption before the end of the service. The application shall be signed by the beneficiary of the application.
2 The application shall, in any event, contain the civil service number of the benefit beneficiary.
1 By ministerial arrangement, categories of workers for the Tobacco and Agrarian sectors may be designated for which the employer is exempted from the premium in respect of a worker covered by that category. provided for in this paragraph, may be granted.
2 For designation, categories of workers, other than those referred to in paragraph 1, shall not be entitled to employment at the beginning of that employment on income from employment and are not a benefit beneficiary.
1 The inspector, after hearing the UWV and in accordance with the UWV, shall, in respect of the Tobacco and Agrarian sector, at the request of an employer, issue an exemption from the obligation to pay the premium for the purpose of objectionating to an employer. relating to a service with an employee falling within a category as referred to in the Article 53, first paragraph , which meets the requirements, specified in Article 51, first paragraph .
2 The Articles 51 and 52 shall be applicable mutatis mutandis.
Any arrangement by our Minister, in agreement with our Minister of Finance, may lay down detailed rules on the applications referred to in this paragraph and in order to ensure proper implementation of this paragraph.
1 The premiums referred to in the Article 34 , are not payable on the wages of persons to the extent that they are employed on the basis of Article 4, first paragraph, part i or j, of the Health Act .
2 The benefits provided on the basis of the Disease law and the Law employment and income to work in the case of a service referred to in Article 4, first paragraph, parts i and j, of the Health Act , the related costs of execution and the fees payable under any law on those benefits, and the remuneration, Article 46 of the Zorginsurance Act which cannot be deducted from those benefits, shall be borne by the State.
3 It is also borne by the State concerned that the costs directly related to the execution of Article 30a, of the Act implementing organisation work and income in the case of a person concerned, if, at the time of the start of the work of the re-integration undertaking referred to in the eighth paragraph of that article, a benefit referred to in the second paragraph is received from the State.
The State tax authority shall levy the public insurance premium and the premiums for the employees ' insurance.
1 The public insurance premium shall, without prejudice to paragraph 2 and on the reckoning of the premium levied pursuant to that paragraph, be levied by way of a corresponding application of the income tax rate applicable to the tax on income tax. rules with the exception of Article 3.154 of the Income Tax Act 2001 .
2 To the extent that the contributory person enjoys a withholding-like wage within the meaning of the Act on payroll tax 1964 , the public insurance premium shall be levied in accordance with the rules applicable to the levying of payroll tax, as applied for in respect of the levy.
3 In so far as the taxable person is subject to the payroll tax on the basis of Article 5a of the Law on payroll 1964 the second paragraph shall not apply.
1 The premiums for workers ' insurance shall be levied by corresponding application of the rules applicable to the charging of payroll taxes. Article 32d of the Law on payroll 1964 shall apply mutatis mutandis only if the person to whom the salary is paid is the employer of the worker.
2 In the invitation to make a declaration, Article 7, first paragraph, of the General Law on State Taxation , the information required for the purpose of determining the premium rates, as specified in the Annex, is to be added. Articles 27 , 28 , 31 , 36 and 38 , as well as for the purposes of data processing in the police administration, intended in Article 33, second paragraph, parts a and e, of the Act implementing organisation work and income , with regard to that requested data, the rules applicable to the charge of the payroll tax are applied mutatis mutandis.
3 The inspector shall decide, of its own motion or at the employer's request, that an objection may be made on the basis of the insured person's insurance.
4 The inspector is empowered to review the decision referred to in paragraph 3 where the existence of any ground for suspecting that the decision has been given on the basis of incorrect or incomplete information and that failure is a consequence of the failure to act in the Member States. a fact which may be imputable to the employer or which could reasonably have been known to the employer. The inspector shall set out the review of the decision in the case of a contested decision. The power to review shall be carried out no later than 1 January of any year to which the decision relates and shall expire on the expiry of five years from the end of the calendar year to which the decision relates.
5 On the appeal of the employer against the statement of objection by the inspector on the basis of the Articles 40 , 95 or 97 is Chapter V, Section 2 of the General Law on State Taxation applicable mutatis mutandis.
6 The inspector shall inform the employer, if necessary, of the decision taken by the UWV at the employee's request, on the basis of the worker's insurance.
7 If, in connection with a requested decision, information has been requested from a person or body outside the Netherlands and for that reason the decision is not within the time limit set out in the Section 4.1.3 of General Law governing the administrative law , the time limit may be extended for a maximum period of six months and shall be notified in writing to the applicant for that extension.
8 By way of derogation from the Articles 25 , 30 and 34, 1st Member , and by corresponding application of Article 13a, fifteenth and nineteenth member, of the Law on payroll 1964 , the premium is payable by the employee in the cases, referred to in Article 13a, fifteenth and nineteenth member, of the Law on payroll 1964.
9 The seventh paragraph shall apply mutatis mutandis to an application as referred to in the third paragraph and to an application or notification under the Articles 40 , 95 or 97 .
1 The State tax authority is seeking to pay the public insurance premium and the premiums for the employees ' insurance.
2 In the event of recovery of the public insurance premium, as appropriate Article 58, first paragraph, or second The rules applicable to the recovery of the income tax shall be subject to the payroll tax of a corresponding application.
3 In recovery of the premiums for worker insurance, the rules are in force for the recovery of payroll tax, with the exception of Article 38, first paragraph, part a, of the 1990 Act of Invorting , mutatis mutandis.
1 If an officer has failed to pay for the public insurance premium in respect of a given year, the SVB shall decide that it is a guilty act as intended for the purpose of the payment of the premium for the public insurance. Article 13 of the General old-age law , except where the contributory evidence shows that there are circumstances in which the non-payment of the premium is not attributable to him.
2 A decision as referred to in paragraph 1 shall in any event be taken if:
(a) the attack on the public insurance premium was fixed automatically because the contributory person has not cooperated or has not cooperated in establishing the premium income;
b. The public insurance premium cannot or cannot be recovered in full because it has been failed to comply with the Articles 2.38 , 2.39 and 2.43 of the Basic Registration Act obligations in force; or
(c) the decision-making agent makes the publication of the decision more difficult or impossible under the first paragraph because it has failed to comply with the provisions of the Articles 2.38 , 2.39 and 2.43 of the Basic Registration Act applicable obligations.
3 After the payments have been allocated to a tax liability in accordance with Article 7, second paragraph, of the Invording Law 1990 and before the SVB decides that the taxable person is negligent as referred to in paragraph 1, the part of the public insurance premium already paid by the contributory officer in a given year shall be the subject of the premium already paid by the premium. successively assigned to:
a. the premium, remaining payable for long-term care and survivors ' insurance;
(b) the premium, payable for general old-age insurance, where payment is allocated first to the oldest period.
4 If, within five years of the day after the date of the attack on the attack, the person who has taken a decision as referred to in paragraph 1 pays the amount due in whole or in part in respect of the amount of the attack, he shall be stored from 5% to the remaining premium payable for general old-age insurance. If a decision as referred to in paragraph 1 is taken more than four years and forty-eight weeks after the date of the attack, the period of five years shall be extended to four weeks from the date of that decision.
5 In case of payment of the amount due in paragraph 4, whole or part of the amount to be paid, after these payments have been allocated in accordance with the provisions of the Article 7, second paragraph, of the Invording Law 1990 , premiums in the public sector are allocated to:
a. the premium, remaining payable for long-term care and survivors ' insurance;
b. the storage referred to in the fourth paragraph;
(c) the premium payable for general old-age insurance, the payment being allocated first to the oldest period or the oldest periods within the five-year period referred to in the fourth paragraph.
6 In the case of total or partial allocation of a payment referred to in paragraph 4 to the premium for general old-age insurance, the decision on the basis of paragraph 1 shall be amended to the extent that it is to be taken into account in the case of the general old-age insurance scheme. retracted.
7 The SVB records the guilty negligence of the contributory officer. If, at the time of registration, the SVB does not disclose a current address of the premium subject, the four-week period referred to in the fourth paragraph shall be as from the date of registration. Where the person guilty of negligence is registered, the premium shall be subject to a premium of 5% as referred to in paragraph 4, if he or she pays the amount due in whole or in part for the amount due to be paid.
The appeal against a decision of the SVB on the basis of Article 61 may not be based on the allegation that the attack was found to be erroneously or to an excessive amount. The appeal may be based only on the fact that the attack or the judgment has not been received if the person concerned can make it possible to show that he has never received the attack or the decision and that there are no circumstances at all land from which it is not received from the attack or the decision is imputable to it.
Under the arrangements of our Minister, in agreement with our Minister of Finance and Our Minister of Health, Welfare and Sport, further rules may be made with regard to this chapter.
1 The SVB may, at the request of any peace of mind, exempt from one or more public insurance or all employees ' insurance obligations under the relevant laws and this Act:
a. the person, who has these peace of mind;
b. the legal person concerned, involving natural persons who have these peace of mind objections.
2 The SVB shall notify the inspector of the exemption or withdrawal of the derogation.
3 Section 4.1.3.3 of the General Administrative Law Act shall apply to requests to the SVB as regards the granting of a derogation as referred to in the first paragraph.
1 Where a derogation is granted under one or more public insurance, no premium shall be levied for any of the public insurance premiums, but shall be subject to an income tax or a premium substitute for all such insurance. payroll tax in accordance with Article 58 up to the amount of the premium referred to in Article 9 .
2 If an employer has been granted a waiver under the employees ' insurance contributions shall be taxed in accordance with Article 59 to the amount of premiums he applied for Chapter 3 would have been paid off, if it would not have been granted a waiver.
3 For the purposes of this Act, the Income Tax Act 2001 , the Act on payroll tax 1964 and the Act of recovery 1990 the premium tax shall be regarded as a premium for the public sector or for workers ' insurances.
The amounts payable to the State are the amounts of premiums for the public and workers ' insurance which have not been collected in accordance with the conditions laid down in Article 65 .
Our Minister's arrangement, in agreement with our Minister of Finance and Our Minister of Health, Welfare and Sport, lays down rules as regards:
a. terms, including a waiver;
b. any further consequences arising from a waiver;
c. the cases, in which a waiver is withdrawn and the consequences attached to that revocation.
The financial resources to cover expenditure on voluntary insurance schemes are obtained by taxing premiums.
For the purposes of this Section, the following definitions shall apply:
a. voluntary general old-age insurance: the insurance referred to in the Chapter IV of the General old-age law ;
b. voluntary survivor's insurance: the insurance referred to in Chapter 5 of the General Survivors Act .
1 The premium payable for the voluntary general old-age insurance or of the voluntary survivor's insurance is charged and collected by the SVB as indicated by the SVB.
2 A debt to the premium for voluntary insurance is outside the estate of the person who was admitted to that insurance. The debt is paid by the person, who receives benefits under the voluntary insurance in question.
1 The person who is admitted to the voluntary general old-age insurance or survivors ' insurance shall be entitled to a premium for such insurance in accordance with the rate to be determined by or on the basis of a general measure of management.
2 The nomination for a general measure of management to be determined under paragraph 1 shall not be taken until four weeks after the draft has been submitted to both Chambers of the States General.
The financial means to cover expenditure on voluntary workers ' insurances shall be obtained by the levything of a premium.
1 The premiums for the voluntary workers ' insurance are charged and collected by the UWV in the manner and timing indicated by that institute.
2 The UWV may lay down detailed rules with regard to the premium.
3 The rules laid down by the UWV pursuant to the second paragraph require the approval of our Minister.
1 The voluntary insurance premium on the basis of the Unemployment law is calculated on the dagloon, intended in Article 58, first paragraph, of the Unemployment Act .
2 The premium shall be a percentage to be determined by the UWV of the dagloon referred to in paragraph 1, on the understanding that the premium does not exceed the part of the premium provided for in the first paragraph of this Article. Article 27 (a) for the benefit of the General Unemployment Fund, plus the premium provided for in the Article 28, second paragraph .
1 The voluntary insurance premium on the basis of the Incapacity for work insurance is calculated on the dagloon, intended in Article 84, first paragraph, of the Disability Insurance Act .
2 The premium shall be a percentage to be determined by the UWV of the dagloon referred to in paragraph 1, on the understanding that the premium does not exceed that of the premium provided for in the first paragraph of this Article. Article 36 -basic premium.
1 The voluntary insurance premium on the basis of the Disease law is calculated on the dagloon, intended in Article 68, first paragraph, of the Law on sickness .
2 The premium shall be a percentage to be determined by the UWV of the daily dagloon referred to in paragraph 1.
1 The voluntary insurance premium on the basis of the Law employment and income to work is calculated on the dagloon, intended in Article 21, 1st paragraph, of the Law of Work and Income to Labor .
2 The premium shall be a percentage to be determined by the UWV of the dagloon referred to in paragraph 1, on the understanding that the premium does not exceed that of the premium provided for in the first paragraph of this Article. Article 36 Referred to as the basic premium plus a premium premium calculated on the basis of Article 38, second paragraph, part a , percentage referred to.
The person admitted to voluntary insurance is obliged to inform the SVB or the UWV of any facts and circumstances of which it is reasonably clear to him that they have an influence on the SVB or the UWV without delay. level of premium due.
By way of derogation from Article 7:10, 1st paragraph, of General Law governing law The SVB or 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.
Rules governing the establishment, collection and payment of the premium for voluntary insurance may be subject to or pursuant to general rules of management.
The rules of our Minister and Our Ministers of Finance and of Health, Welfare and Sport are subject to the rules governing the levy of contributions to the public and workers ' insurance premiums, and to the contributions of the the administrative penalties and charges related thereto to the Funds and the method of allocating such premiums, fines and interest to the Funds.
1 The SVB shall manage and administer separately the funds to cover the expenditure referred to in the SVB. Article 83, second paragraph , in the form of an old-age fund.
2 The SVB shall manage and administer separately the funds to cover the expenditure referred to in the SVB. Article 85, second paragraph , in the form of a Survivors Fund.
3 The Old Age Fund and the Survival Fund are part of the SVB.
1 For the benefit of the old-age fund:
a. General old-age insurance premiums and for the voluntary general old-age insurance;
b. State contributions as referred to in Article 14 ;
c. the storage specified in Article 61, third paragraph ;
d. Penalties provided for in: Article 17c of the General old-age law ;
e. the contribution in the cost of the tax rebates provided for in Article 15 .
2 The following shall be paid from the old-age fund:
a. the expenses of general old-age insurance and of voluntary general old-age insurance;
b. the burden of the scheme, contained in Chapter VIII of the General old-age law ;
c. income support costs, specified in: Article 33a of the General old-age law , and the execution costs associated with it;
d. the contribution, intended to Article 87a .
Our Minister proposes once a year a forecast of the funds needed to cover the burden of general old-age insurance for the next 10 years, distinguishing the yield from premium income for the first year. general old-age insurance and the national contributions referred to in Article 14 .
1 For the benefit of the Night Fund:
a. Survivors 'insurance premiums and voluntary survivors' insurance and the contributions to be received on the basis of Article 66a of the General Survivors Law and the provisions based thereon;
(b) the administrative penalties provided for in Article 39 of the General Survivors Act ;
c. the contribution in the cost of the tax credits, referred to in Article 15 ;
d. State contributions as referred to in Article 14, first paragraph .
2 The following shall be paid from the Night Fund:
a. the expenses of the survivors 'insurance and of voluntary survivors' insurance;
b. Expenses arising from Chapter 8 of the General Survivors Act and the provisions based thereon;
c. the burden of the allowances referred to in Article 29a of the General Survivors Act , and the execution costs associated with it.
1 Periodical is charged by the SVB as a contribution to the old-age fund which benefits from the Zorginsurance Fund, which is intended to be used for the purpose of the Fund. Article 39, first paragraph, of the Zorginsurance Act .
2 The contribution referred to in paragraph 1 shall be the difference between the percentage applicable in the calendar year, as referred to in Article 1 (1), Article 45, first paragraph, of the Zorginsurance Act , which is applied to pay, intended in Article 42, first paragraph, of the Zorginsurance Act and the percentage applicable in the calendar year referred to in Article 45 (2) of the Zorginsurance Act, which is applied to the contribution-income referred to in Article 45 (2), Article 43, second paragraph, of the Zorginsurance Act , multiplied by the burden of general old-age insurance and voluntary general old-age insurance.
3 The SVB lays down rules on the deadlines and arrangements for making the contribution referred to in paragraph 1 more affordable.
4 The rules laid down by the SVB pursuant to paragraph 3 require the approval of our Minister after consultation with Our Ministers of Finance and Health, Welfare and Sport.
The Care Institute manages and administered a separate Fund for long-term care.
1 For the benefit of the Fund, long-term care shall be:
a. The premium for insurance under the Long-term care law ;
b. The income related to the Long-term care law result from international agreements;
c. the contributions in the cost of care based on the Article 3.2.5 or 11.1.4 of the Act for long-term care be paid by, or on behalf of, the insured person or, where appropriate, by the institution competent to pay such benefits under a statutory scheme to which benefits or pensions under that scheme are to those insured Affordable;
d. The contributions to the costs of the tax credits, referred to in Article 15 ;
e. a driver's contribution as referred to in Article 14, second paragraph ;
f. by healthcare providers pursuant to a rule of the care authority on the basis of Article 37, first paragraph, introductory wording and point (d) of the Health Organisation Act Or at the appointment of the care authority on the basis of Article 76, second paragraph, of that Act paid amounts and by the healthcare authority of healthcare providers on the basis of Article 81, first paragraph, point (c) of that Act Amounts recovered, provided that those amounts are not transferred to the ZorgInsurance Fund or to third parties.
2 From the Fund, long-term care shall be paid:
a. the cost of care and of the remaining benefits that are due on the basis of the Long-term care law shall be provided as well as costs associated with the implementation of that law;
b. Expenditure on insurance under the Long-term care law which result from agreements, including international agreements;
(c) expenditure relating to insurance under the conditions of the Long-term care law to derive from any legislation other than that of the latter;
d. transitional duty, included in the Chapter 11, Section 4, of the Long-Term Care Act and benefits referred to in Article 3.1.2 of the Act of Import and Adaptation of the Sea Insurance Act ;
e. a benefit as referred to in Article 3.2.8, second paragraph, of the Act on long-term care ;
f. the costs incurred by the Social Insurance Bank for the performance of the task, referred to in Article 3.3.3, seventh paragraph, of the Act for long-term care ;
g. amounts as specified in Article 56a of the Health Organisation Act ;
h. The distribution amounts established by the College Board of Health Insurance under a Ministerial Arrangement, being parts of the amounts referred to in subparagraph (f) of the First Member, allocated to the relevant health insurance insurers.
1 The Care Institute does annual benefits from the Fund for long-term care to cover necessary expenses, done for execution of the in Long-term care law regular insurance, in accordance with rules to be set pursuant to or pursuant to general management measure. At or under this general measure of management, rules on the formation and use of reserves by Wlz practitioners as referred to in the Act on long-term care may also be laid down.
2 The care authority is competent to establish that expenditure was not justified in so far as it is not considered necessary for the execution of the insurance on the basis of the Long-term care law . The benefits referred to in paragraph 1, as well as the proceeds obtained, shall not be covered by expenditure determined by the care authority that they were not justified, unless the care authority decides otherwise.
3 On the benefits referred to in paragraph 1, advances may be granted in accordance with rules to be laid down by the Institute for the Sea of the Sea,
4 The rights or obligations arising from the provisions adopted pursuant to this Article shall be Title 4.2 of the General Administrative Law Not applicable.
The UWV separately manages and administrates the Article 99 the means of covering expenditure and expenditure, as referred to in the Articles 100 , 101 and 102 , in the form of a General Unemployment Fund, which is part of the UWV.
1 The UWV proposes for a sector as intended Article 95 , with the exception of the sectors to which only public employers belong, a sectoral fund.
2 The UWV manages the resources, intended to Article 103 , and the expenditure referred to in Article 104, first paragraph , jointly and administer these resources and expenditure relating to each sector fund separately.
1 By arrangement of our Minister, after consulting our Minister of Finance and after giving the UWV an opportunity to deliver an opinion on them, working life and working life is divided into sectors, with each sector being one or more includes branches of business or occupation or parts thereof and may be divided into sectors by sector, where each sector part covers the business activities of one or more employers.
Where a sector is classified by sector, the inspector shall, in respect of any employer affiliated to the sector concerned, determine, by way of an objection, the sector of the sector of the sector belonging to the employer, or sector part of the work that he is doing, duly.
3 The inspector is empowered to review the decision referred to in paragraph 2 if any fact gives rise to the presumption that the classification of an employer in a sector is incorrect and that failure is a result of a failure to comply with the rules of the Court of First Member State. the fact that the employer could have been allocated or could reasonably have been identified. The inspector shall determine the review in the case of a contested decision. The power to review shall be carried out no later than 1 January of any year to which the decision relates and shall expire on the expiry of five years from the end of the calendar year to which the decision relates.
1 An employer is automatically attached to the Article 95 established sector, which is the business of which he is engaged as an employer.
2 If an employer is engaged in activities which belong to different sectors, it shall be automatically associated with the sector to which the activity for which he or his employer is, as a general rule, the greatest amount of the premium pay or are likely to pay.
3 By way of regulation of our Minister, in agreement with our Minister of Finance, for the connection of one or more categories of employers to a sector of rules, there may be other criteria for this connection may be determined by reference to the first and second paragraphs.
1 The employer Article 96 to be affiliated to a sector or to be affiliated to a sector shall make a written notification to the inspector within two weeks.
2 The inspector shall inform an employer of any objections, in respect of which sector and from which date he/she shall be informed of the relevant decision. Article 96 is attached.
3 By way of derogation from Article 96, second paragraph The inspector shall decide, on an application for objection, that an employer is affiliated to a sector other than the sector, with effect from a date to be indicated by the inspector to be indicated by the inspector. to which the work he is doing, by the way, is doing.
4 The inspector is empowered to review the decision referred to in the second and third paragraphs, if any fact gives rise to grounds for suspecting that the connection to a sector is incorrect and that failure is a result of a failure to comply with the provisions of the Directive. the employer may be allocated or reasonably known. The inspector shall determine the review in the case of a contested decision. The power to review shall be carried out no later than 1 January of any year to which the decision relates and shall expire on the expiry of five years from the end of the calendar year to which the decision relates.
1 If one or more employers of one sector are transferred to another sector, the UWV may decide that part of the capacity of this Institute, which relates to the institution which it manages separately for that sector, may also decide on a (i) administered sector fund, transferred to the funds relating to a sector fund managed by it for another sector and administered by that institution.
2 With respect to the first paragraph, the UWV shall establish rules on:
a. The cases in which power is transferred;
b. method of calculation of power items;
(c) the time limits and the manner in which power is transferred.
3 The rules laid down by the UWV pursuant to the second paragraph require the approval of our Minister.
In favour of the General Unemployment Fund:
a. The premiums on the basis of the Articles 27 and 28, third member and the premium on the basis of Article 74 , in so far as it is not for the benefit of a sectoral fund;
b. the amounts, which the UWV receives by the application of Article 36 of the Unemployment Act , in so far as these amounts relate to benefits, which have been charged to that fund;
c. the amounts received by the UWV by the exercise of its competence on the basis of Article 66 of the Unemployment Act ;
d. The amounts received by the UWV by the application of Article 45a of the Health Act , in so far as they relate to cash benefits payable on the basis of Article 29, second paragraph, part d, of the Law on sickness ;
e. the amounts received by the UWV from the employer under the application of Article 8, third paragraph, of the Extraordinary Decision Labour Relations 1945 .
To be borne by the General Unemployment Fund:
a. the on-the-ground Unemployment law -benefits payable, excluding benefits, Article 104, first paragraph ;
b. On the basis of Article 29, second paragraph, part d, of the Law on sickness payments to be paid;
(c) the cost of execution, in so far as they relate to the benefits referred to in parts (a) and (b);
d. the contributions payable by the UWV pursuant to any Act on benefits referred to in subparagraphs (a) and (b) and the income-related contribution provided for in Article 42 of the Zorginsurance Act which cannot be deducted from such benefits;
e. the amounts, which are based on Article 104 (4) (i) by the 'UWV' under the General Unemployment Fund;
f. [ Red: expiring;]
g. The amounts of the premium exemption in the case of marginal labour, specified in Section 6 of Chapter 3 , where applied to premiums calculated on the basis of Article 27 ;
h. [ Red: Expiring;]
i. [ Red: Expiring;]
j. [ Red: Expiring;]
k. the costs related to the execution of Article 30a of the Act structure implementing organisation work and income in respect of persons who receive a benefit as referred to in parts a and b and the costs of the re-integration measures, Chapter VI of the Unemployment Act and Chapter IIA of the Health Act in respect of such persons;
l. fees to municipalities agreed to implement Article 30a, third paragraph, part a, of the Act implementing organisation work and income as regards persons receiving a benefit as referred to in points (a) and (b);
m. means of expenditure of the Socio-Economic Council as referred to in Article 54 of the Law on the Business Organisation .
1 The UWV, payable by the General Unemployment Fund, makes contributions to the State, which are granted to workers from abroad who are not Dutchman and who return to their country of origin or who are nationals of the State, or Emigrate to another country and to the time of departure for the benefit of the Unemployment law received.
2 The fees referred to in paragraph 1 shall be equal to or greater than the amounts paid by the workers referred to in the first paragraph on the basis of the Unemployment law have been able to receive if they had remained unemployed and did not leave to their country of origin or another country.
3 By ministerial arrangement, after consultation with our Minister, rules shall be drawn up regarding the contributions to be reimbursed to the State, as referred to in paragraph 1.
1 For the benefit of a sectoral fund:
a. The premiums on the basis of Article 28 , with the exception of premiums for the General Unemployment Fund under the third paragraph of that Article, and the premium on the basis of: Article 74 , in so far as it does not exceed the premium provided for in Article 28 (2);
b. the amounts, which the UWV receives by application of the Articles 27a and 36 of the Unemployment Act , in so far as these amounts relate to benefits which have been charged to this Fund;
c. the amounts, which are the UWV on the basis of Article 100, part d , which is charged to the General Unemployment Fund.
2 By ministerial arrangement, an annual contribution will be made in a calendar year for the benefit of the sectoral fund in which employers are based. Article 95 are classified, which, in the course of the exercise of their business or profession, are classified with the provision of a labour force to a third party, under a contract to be performed by the employer under his or her employer's contract, under third party and supervision of the third party, employing those workers on the basis of a contract of exit as referred to in Article 4 (2) of the EC Treaty Article 690 of Book 7 of the Civil Code , which also includes a clause as intended Article 691, 2nd paragraph, of Book 7 of the Civil Code is included.
1 The following shall be borne by a sectoral fund:
a. the on-the-ground Unemployment law paid to the worker in the first six months from the first day of unemployment, who, in the calendar week immediately preceding the entry of his labour loss in the sector for which the sectoral fund is concerned, has been employed to the effect that, for the purpose of determining the six-month period, periods in which the employee has no right to benefit are left out of consideration;
b. On the basis of Article 18 of the Unemployment Act payments to be paid;
c. [ Red: Expiring;]
d. [ Red: expired;]
(e) the cost of execution, in so far as they relate to the benefits referred to in parts (a) and (b);
f. the contributions payable by the UWV pursuant to any Act on benefits referred to in Parts A and b of this Regulation and the income dependent contribution, Article 42 of the Zorginsurance Act which cannot be deducted from such benefits;
g. [ Red: expired;]
h. [ Red: Expiring;]
(i) the amount of the premium exemption in the case of marginal labour, specified in Section 6 of Chapter 3 , applied to the sector premium.
2 The UWV is empowered to equate work in one sector with activities in another sector in specific cases for the purposes of paragraph 1 of Part A.
3 Article 21 of the Unemployment Act shall apply mutatis mutandis in respect of the period referred to in paragraph 1 (a) on which the benefit is charged to a sectoral fund.
The UWV brings what is borne by the sectoral fund to the General Unemployment Fund for so much this exceeds the amount applicable to the Sectoral Fund on the basis of Article 105, first paragraph , maximum fixed rate.
5 The sector fund may also be charged if this is determined by a general measure of management:
a. The WGA benefits to be paid by the UWV, referred to in Article 117b, third paragraph, part h ;
b. Benefits under the Health Act as referred to in Article 117b, third paragraph, part g ;
c. Benefits as referred to in Article 122f ;
d. the execution costs, which relate to these benefits under the Health Act and to these WGA benefits.
6 In the case of general management measures, detailed rules may be laid down for the benefits to be charged to the sectoral fund under paragraph 5.
7 By way of derogation from the first paragraph, subparagraph (a), benefits shall be paid on the basis of the Unemployment law which are paid during the first 13 weeks of the worker's incapacity to work because of illness, not to be charged to a sector fund. 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.
8 For the purpose of determining the six-month period referred to in paragraph 1 (a), periods in which the worker receives benefits as referred to in paragraph 7 shall be excluded.
1 The UWV shall fix, each year for each sector fund, a ceiling which shall be set out in a calendar year on the basis of Article 104 is to be charged to that sector fund.
2 When fixing the ceiling referred to in paragraph 1, the amounts to be charged to a sectoral fund shall not be taken into account; Article 104, first paragraph, part i .
3 The ceiling fixed by the UWV, referred to in paragraph 1, shall be subject to the approval of our Minister. If our Minister abstains from the ceiling set by the UWV, he shall fix it himself.
The UWV separately manages and administrates the Article 107 the means of covering expenditure and expenditure, as referred to in the Articles 108 , 109 and 110 in the form of an implementing fund for the government which is part of the UWV.
In favour of the Executive Fund for the administration of the State:
a. the amounts received by the UWV by the application of Article 79 of the Unemployment Act ;
b. The premiums on the basis of Article 31 ;
c. contributions on cash benefits and surcharges of persons referred to in the Article 24, second paragraph ;
d. the amounts received by the UWV by the application of the Articles 27a and 36 of the Unemployment Act , in so far as these amounts relate to benefits, which have been charged to that fund;
e. the amounts received by the UWV by the exercise of its competence on the basis of Article 66 of the Unemployment Act where the employer referred to in that Article is a public employer.
1 To be charged to the Authority for the Government of the European Union:
a. the on-the-ground Unemployment law payable cash benefits to the persons referred to in Article 24 ;
b. On the basis of Article 29, second paragraph, part d, of the Law on sickness payable cash benefits to the persons referred to in Article 24 ;
c. [ Red: Expiring;]
d. [ Red: expired;]
(e) the cost of execution, in so far as they relate to the benefits referred to in subparagraphs (a) and (b);
f. the contributions payable by the UWV under any law on benefits referred to in subparagraphs a and b of the UWV and the income dependent contribution, Article 42 of the Zorginsurance Act , which cannot be deducted from such benefits;
g. [ Red: expired;]
h. [ Red: Expiring;]
i. [ Red: Expiring;]
j. to grant to the employer, upon request, the employer compensation of the damage, which the employer suffers from the application of Article 23, first paragraph, of the Unemployment Act as well as the associated costs of execution;
k. the execution costs associated with work aimed at receiving amounts, premiums and contributions as referred to in Article 107 ;
l. [ Red: Expiring;]
m. [ Red: Expiring;]
n. The amount of the premium exemption from marginal labour specified in: Section 6 of Chapter 3 , applied to premiums, calculated on the basis of Article 31 ;
o. the execution costs related to the implementation of Article 32, fifth paragraph, of the Act implementing organisation of work and income ;
p. fees to municipalities agreed to implement Article 30a, third paragraph, part a, of the Act implementing organisation work and income as far as that Article shall be applied in respect of persons referred to in the Article 24 of the Unemployment Act .
2 The Government Implementing Fund shall also bear the costs directly related to the implementation of the Article 30a of the Act structure implementing organisation work and income in respect of a person concerned, if, at the time of the start of the work of the re-integration undertaking, referred to in the eighth paragraph of that article, receives a benefit as referred to in subparagraph (a) of the first paragraph, and the UWV thereof benefit with application of Article 79 of the Unemployment Act No stories can be found on the government employer.
3 The implementing fund for general government may also be charged if this is determined by a general measure of management:
a. The WGA benefits to be paid by the UWV, referred to in Article 117b, third paragraph, part h , to the persons referred to in Article 24 ;
b. Benefits under the Health Act as referred to in Article 117b, third paragraph, part g , to be paid to the persons referred to in Article 24 ;
c. benefits referred to in Article 122f , to be paid to the persons referred to in Article 24 ;
d. the execution costs, which relate to these benefits under the Health Act and to these WGA benefits.
1 The UWV shall, on the basis of the Public Implementation Fund, make contributions to the Kingdom of the Kingdom of the Kingdom of which employees are not nationals who are not nationals of the Netherlands and who return to their country of origin or Emigrate to another country and to the time of departure for the benefit of the Unemployment law received.
2 The fees referred to in paragraph 1 shall be equal to the amounts paid by the workers referred to in paragraph 1 on the basis of the Unemployment law may have been charged to the government implementing fund if they had remained unemployed and had not left for their country of origin or any other country.
3 By ministerial arrangement, after consultation with our Minister, rules shall be drawn up regarding the contributions to be reimbursed to the State, as referred to in paragraph 1.
By arrangement of Our Minister, in accordance with our Minister of the Interior and Kingdom Relations, an amount can be determined based on the Article 24 with application of the Articles 27 and 28, second and third members , to benefits under the Incapacity for work insurance or the Law employment and income to work to the public sector employees, according to a distribution to be determined by that scheme, to be transferred to the Government Implementing Fund or to the Sectoral Funds and the General Unemployment Fund.
The UWV separately manages and administrates the Article 33, first paragraph -means to cover expenditure in the form of a disability fund which is part of the UWV.
The UWV separately manages and administrates the Article 33, second paragraph -means to cover expenditure in the form of an Employment Fund which is part of the UWV.
In favour of the Incapacity Fund,
a. The premiums on the basis of the Articles 36 , 75 and 76 and the premium on the basis of Article 76a to the extent that it is not for the benefit of the Working Reoffice Fund;
b. the funds received by the UWV by application of the Articles 29a and 91i of the Incapacity Insurance ;
c. the funds received by the UWV by application of the Articles 57 and 90 of the Disability Insurance Act (Wet op de Disability) in relation to benefits referred to in Article 115, first paragraph, part a ;
d. The quota charge provided for in Article 38h ;
e. the funds received by the UWV by the application of the Law for incapacity for the self-employed ;
f. a driver ' s contribution to the amount estimated by our Minister in charge of expenses as referred to in Article 115, first paragraph, part c and part e to the extent that the execution costs referred to in the last part are related to the Chapter 3, Section 2, paragraph 2 , and the on- Article 3:30 of the Law of Work and Care payments to be paid;
g. the funds received by the UWV by the application of the Articles 86 and 91 of the Wet Work and Income to Labor Equity ;
h. The funds received by the UWV by application of the Articles 76 and 99 of the Act's Work and Income to Work ;
i. the contributions of the employer or the self-risk-bearer or the employee in the cost of the research, referred to in Article 32, first, second, third and fourth members of the Act implementing organisation work and income ;
j. the amounts received by the UWV by application of the Articles 38, 4th paragraph , 39a , 45a , 63a, third to fifth members , 63b, second member , 63c, second member , and 63rd, of the Disease Act .
1 To be charged to the Incapacity Fund, subject to compliance with the Articles 56 , 100 , 104 , 108 and 117b and Article 5: 3 of the Law on incapacity for work, young people with disabilities :
a. The UWV on the grounds of the Incapacity for work insurance payments to be paid;
b. The UWV on the grounds of the Law for incapacity for the self-employed payments to be paid;
c. on the basis of Article 3:1a and Chapter 3, Section 2 of the Law of Work and Care fees and benefits payable;
d. The UWV on the grounds of the Law employment and income to work payments to be paid;
e. on the basis of Article 29, second paragraph, part e, f and g , and Article 70 of the Act of Health cash benefits payable and benefits payable on the basis of Article 29, second paragraph, (a), (b) and (c) , granted to an employee directly to a service in which entitlement to benefit under Article 29, second paragraph, part e, f or g, existed and under the conditions of the Disease law to pay benefits to the insured person of the age specified in the Article 7 (a) of the General old-age law has reached;
f. the benefits payable by the UWV under any law on benefits referred to in parts a to e by the UWV and the income dependent contribution, Article 42 of the Zorginsurance Act , which cannot be deducted from such benefits;
g. the funds applied by the application of Article 118, part a , shall be transferred to the Werkrevaluation Cash;
h. the funds applied by the application of Article 118 (b) , be transferred to the Empire;
i. [ Red: Expiring;]
j. the re-integration instruments on the basis of Chapter IIB of the Law on Disability Insurance , Chapter 3A of the Incapacity Insurance Act and Section 4.2 of the Act on Employment and Income to Labour .
k. the amounts of the rebates older worker and employment worker and of the premium exemption, meant in Article 122c , and the amounts of the premium exemption provided for in Section 6 of Chapter 3 , to the extent that this premium exemption is applied to the basic premium, Article 36 ;
l. the amounts of the younger worker referred to in the Article 48b, first paragraph ;
m. the costs associated with the execution of Article 30a of the Act structure implementing organisation work and income ;
n. the subsidy, referred to in Article 32b of the Act structure implementing organisation work and income ;
o. on the basis of Article 83, 2nd paragraph, of the Law of Work and Income to Labor is removed from the UWV;
p. [ Red: Expiring;]
q. fees to municipalities that are agreed to implement Article 30a, third paragraph, part a, of the Act implementing organisation work and income in so far as they relate to the execution of a statutory disability insurance policy;
r. the execution costs related to the benefits referred to in parts a to e and benefits referred to in the Article 117b, first paragraph, parts a and b ;
s. the cost of the work, intended in Article 63a, fourth, fifth and sixth member, of the Disease Act as well as the damage, referred to in the seventh paragraph of that article, which is reimbursed to a self-risk carrier as referred to in Article 40, first paragraph, part a , and the execution costs associated with it;
t. the cost of research, referred to in Article 32, first, second, third and fourth members, of the Act implementing organisation work and income ;
u. the benefits under Article 29, second paragraph, (a), (b) and (c) of the Law on Disease Control , which is based on Article 63a, third paragraph, of that Act paid by the UWV and cannot be recovered from the self-risk carrier, intended in Article 40, first paragraph, part a , and the execution costs associated with it;
v. the contribution, intended in Article 103, second paragraph ;
w. cash benefits under Article 29, second paragraph, part a, b, or c of the Health Act , referred to in Article 117b, third paragraph, part j .
2 The UWV does not use the funds reserved for the Incapacity Fund to combat expenditure charged to the Incapacity Fund, rather than the authorisation of our Minister.
3 In the case of a general measure of management, it may also be borne by the Incapacity Fund:
a. Benefits on the basis of Article 29 (b), (b) and (c) of the Law on sickness awarded to employees, who were on the first day of incapacity to work in employment of self-risk carriers as intended Article 40, first paragraph, part a , to the extent that the self-risk carrier is based on Article 63b, 1st paragraph, of the Health Act does not bear the risk of payment of that benefit;
b. Benefits as referred to in Article 122f .
4 In the case of general management measures, detailed rules may be laid down for payments to be charged to the Incapacity Ceiling under the third paragraph.
In favour of the Working Re-office Fund:
a. Differentiated premium on the basis of Articles 38, second paragraph , and 38a, 1st Member , and the premium on the basis of Article 76a to the extent that it does not exceed the differentiated premium pursuant to Article 38 (2);
b. the funds received by the UWV with application of the Articles 76 , 83, third member , 84, second and fourth members , and 99 of the Wet Work and Income to Labor Equity in relation to benefits referred to in Article 117b, first paragraph ;
c. the funds applied by the application of Article 118 shall be transferred from the Incapacity Fund.
1 The following shall be borne by the Working Reinvestigation Fund by means of the UWV:
a. WGA benefits and the death allowance referred to in Article 74, 1st paragraph, of the Law of Work and Income to Labor during the period under which: Article 82, 1st paragraph, of the Law of Work and Income to Labor , on the day on which the right of benefit under that law arose from that day onwards;
b. Sickness benefit as referred to in Article 29, second paragraph, (a), (b) or (c) , and the death allowance, for the purpose of Article 35 of the Health Act ;
c. the contributions payable by the UWV under any Act on benefits referred to in Parts A and b of this Regulation and the income dependent contribution, Article 42 of the Zorginsurance Act .
2 If a WGA benefit is granted immediately after one based on the Article 24 of the Act on Employment and Income to Labour the period during which the insured person is entitled to pay, the period of the extension of that period shall be deducted from the period specified in paragraph 1.
3 The first paragraph shall not apply where:
a. is a WGA benefit on the basis of Article 72, 1st paragraph, of the Law of Work and Income to Labor paid by the UWV and not on a self-risk carrier pursuant to the third paragraph of that Article;
b. is a WGA benefit on the basis of Article 83, third paragraph, of the Act of Work and Income to Labor paid by the UWV and cannot be overtaken on a bank or insurer as intended in Article 40 ;
c. refers to a WGA benefit granted to an employee who was entitled to sickness benefit as a result of the provision of the WGA benefit from the employment insurance institution Article 29 (d), (e), (f), (f) or (g) of the Law on Disease Control or sickness benefit referred to in Article 29 (2) (a), (b) and (c), which was granted to an employee immediately following a service in which entitlement to sickness benefit as referred to in Article 29 (b), (f) or (g) existed;
d. it is a WGA benefit granted to an employee whose WGA benefit is granted in connection with a previous worker on the basis of the Law for incapacity for the self-employed or the Law on incapacity for work of young handicapped persons (i) a benefit granted, or the right to employment support awarded under the incapacity for incapacity for the young handicapped;
e. it is a follow-up benefit as referred to in Article 62, third paragraph, of the Act of Work and Income to Labor is to be paid by the UWV to the extent that the benefit exceeds the amount calculated on the basis of the first and second members of that Article ;
f. It is a wage-completion benefit as referred to in Article 60, first paragraph, part a, of the Law on Work and Income to Work If the benefit exceeds an amount equivalent to the amount of the follow-up allowance referred to in the first paragraph of Article 8 of the Article 60, first paragraph, part b, of that law where the insured person, without application of Article 62, third paragraph , would be entitled if he had not had a right to the payment of a wage supplement, intended to be in Article 60, first paragraph, part a, of that law , plus the premiums due on the basis of any law on the subject and the income dependent contribution, Article 42 of the Zorginsurance Act , and which are not to be deducted from them;
g. The benefits referred to in paragraph 1 (b) are granted to employees who, on the first day of incapacity for work, are employed in the service of own-risk media as referred to in Article 3 (1). Article 40, first paragraph, part a , for the payment of that benefit the own-risk-holder on the basis of Article 63b, 1st paragraph, of the Health Act does not carry the risk;
(h) benefits as referred to in paragraph 1 (a), which shall be based on Article 84, 8th paragraph, of the Law of Work and Income to Labor are not charged to the own-risk carriers;
i. the sickness benefit as referred to in Article 29, second paragraph, (a), (b) or (c) , with regard to that on the basis of Article 63a, third paragraph, of the Health Act paid by the UWV and cannot be recovered from the self-risk carrier, intended in Article 40, first paragraph, part a ;
j. is a WGA benefit awarded to an employee, who has been assigned to the service from which the WGA benefit has been awarded by the college of mayor and aldermen on the basis of Article 7, first paragraph, part a, of the Participation Act and where, in the event of a disease of that worker, the possibility of reimbursement as referred to in Article 8a, second paragraph, (b) of that Act As it was applicable on 31 December 2015, applicable to sickness benefit as intended for use in the Article 29, second paragraph, (a), (b) and (c) , which has been granted to that worker immediately after a specified provision of employment;
k. The sickness benefit is as referred to in Article 29, second paragraph, parts a, b and c, of the Disease Act awarded to an employee directly to a service in which entitlement to sickness benefit is given on the basis of Article 29, second paragraph, part (e), (f) or (g) of the Law on Disease Control existed.
4 The UWV does not control the funds set aside for the purposes of the Employment Fund in order to combat expenditure on the Employment Reserve than with the consent of our Minister.
5 The bank's bank account shall also be borne by the Working Reoffice.
a. The amounts of the rebates older worker and disabled worker and the premium exemption in the case of marginal labour, as referred to in Section 6 of Chapter 3 , applied to the differentiated premium for the purpose of the Reinsurance Business referred to in Article 2 (2). Article 38 ; and
b. The wage cost subsidy referred to in Article 37a of the Act of Work and Income to Labor provided that by 31 December 2011, if the benefit beneficiary, with whom the employer to whom the wage-cost subsidy is provided, concerns or has entered a service, on the day prior to that employment is entitled to payment of the benefits to be paid by the Reinsurance Business;
c. the costs associated with the implementation of Article 30a, of the Act implementing organisation work and income in respect of a pensioner, if, at the time of the start of the work of the re-integration undertaking referred to in the eighth paragraph of that article, it is entitled to a benefit payable by the Reinsurance Undertaking.
6 In the case of a general measure of management, detailed rules may be laid down in respect of this Article.
1 In the case of a general measure of management, rules may be laid down concerning the transfer of funds from the Incapacity Fund to the Work Reassessment Fund.
2 In the case of a general measure of directors, rules are laid down on the transfer of funds from the Disability Fund to the State for the purpose of financing benefits and reintegration provisions on the basis of the Law on incapacity for work, young people with disabilities , and the financing of benefits and re-integration facilities on the basis of Participation Act .
1 In the case of a general measure of administration, it is possible to determine that the colleges of mayor and aldermen make allowances to employees, who have prior to the service, by those colleges of mayor and aldermen on the basis of Article 7, first paragraph, part a, of the Participation Act have been supported in the labour-circuit compensation to the UWV, if the service has taken a time to be determined by that measure.
2 In the case of or under the general measure of management referred to in paragraph 1, it shall in any event be regulated:
a. which benefits under the employee insurance policy are concerned;
b. the target group of the employees;
c. the amount of the allowance;
d. method of remuneration;
e. for the benefit of which fund referred to in this section, the fees come.
3 A general measure of management to be adopted under this Article shall be submitted not earlier than four weeks after the draft has been submitted to both Chambers of the States General.
4 A general measure of management adopted pursuant to this Article shall enter into force only after it has been established that the workers referred to in the first paragraph provide above-average benefits on the basis of employees ' insurances.
1 The Health Institute, the UWV and the SVB manage and administer each fund, with the exception of the government and the sectoral funds, separately.
2 The UWV manages the government 's Implementation Fund and the sector funds jointly and administrates the government' s Implementation Fund and each sector fund separately.
3 If, in respect of a fund, the expenses appear to exceed the benefits, the deficit shall not be covered by another fund.
4 The Care Institute, the UWV and the SVB hold, each separately, the financial resources that are part of their funds in one or more current accounts with our Minister of Finance.
5 By way of derogation from paragraph 4, the Zorginstitute, the UWV and the SVB may hold a part of the financial resources referred to in paragraph 4 outside the current accounts referred to in paragraph 4.
6 By arrangement of Our Minister and Our Minister of Health, Welfare and Sport, in agreement with our Minister of Finance, after consultation with the Zorginstitute, the SVB and the UWV, rules on the size of the fifth paragraph referred to as part of the financial resources.
7 The rules of our Minister and our Minister for Health, Welfare and Sport may, in agreement with our Minister of Finance, be subject to detailed rules on the fourth paragraph.
1 The Health Institute, the UWV and the SVB are able, in order to carry out their legal tasks, to have the financial resources that they hold in charge of our Minister for Finance.
2 In agreement with our Minister of Health, Welfare and Sport, the UWV and the SVB, following consultations with our Minister of Finance, and after consultation with the Zorginstitute, are subject to rules on interest rates on the balance of the balance of the economy. from the Article 119, fourth paragraph The current accounts shall be reimbursed in the form of a financial compensation.
3 Our Minister of Finance brings in for management of the Article 119, fourth paragraph The current accounts do not charge any costs.
4 In the case of a shortage of financial resources, the Zorginstitute, the UWV and the SVB make use of the credit facilities provided by our Minister for Finance, or borrow the UWV and the SVB from a fund managed by them.
5 Our Minister of Finance informs each day the Zorginstitute, the UWV and the SVB regarding the Article 119, fourth paragraph , current accounts, in each case relating to:
a. The closing positions per day;
b. all daily changes in the number of changes or transactions recorded in the current current account.
6 The Care Institute, the UWV and the SVB inform Our Minister of Finance regarding the in Article 119, fourth paragraph Current accounts, in any case in relation to the forecasts of the balances of the relevant current account.
7 In agreement with our Minister for Finance and after consultation with our Minister for Finance and after consultation with the Zorginstitute, the UWV and the SVB, the Secretary of our Minister of Health, Welfare and Sport will be able to set out further rules on the fourth, fifth and sixth member.
8 By arrangement of Our Minister and Our Minister of Health, Welfare and Sport, in agreement with Our Minister of Finance, rules relating to the Board's health insurance, UWV and SVB can be established. funds relating to the allocation of the fund's assets to different components and to the standards determining the size of those items.
1 Each year before the settlement of our Minister, the UWV and the SVB send to our Minister, in respect of each fund, separately:
(a) a reporting of developments that have occurred up to that point in relation to the financial resources and the expenditure realised;
b. a budget of the expected expenditure from each individual fund in the first calendar year.
2 The rules of our Minister may lay down rules on the nature and establishment of the reporting and expenditure budget referred to in the first paragraph.
Our Minister's arrangement shall lay down rules on how and the conditions under which the national contributions to the UWV and the SVB are to be removed and laid down.
Our Minister and our Minister for Health, Welfare and Sport can, in agreement with our Minister of Finance, and after consultation with the Zorginstitute, lay down rules on how and the conditions under which our Minister of Health, Welfare and Sport, is the transfer of funds is made to the funds that are wholly or partly financed by the State.
1 The employer shall adjust the discount, Article 49, first paragraph , as well, in accordance with that paragraph, for the person responsible for the entry into force of the Article 1.5, Parts V and W, of the Act Inlining and Financing Law Work and Income to Labor , disabled person was on the basis of Article 2 of the Law on the integration of disabled persons If, on the day of the commencement of employment, that worker was disabled on the basis of Article 2 of the Law on the integration of disabled persons It would have been if the latter article had not been withdrawn.
2 Article 49, first paragraph , shall apply mutatis mutandis to the person applying for the entry into force of this Regulation. Article 1.5, Parts V and W of the Act Inlining and Financing Law Work and Income to Labor , the disabled person has become as intended in Article 2 of the Law on the integration of disabled persons , for as long as the service lasts but not more than one year after that person has completely or partially resumed his or her own employment or any other function with the same employer, or for one year after the job is put up for work adapted to the maintenance, repair or promotion of employment of that worker, if that person was disabled on the day of resumption and on the day of adaptation of the place of work land of Article 2 of the Law on the integration of disabled persons It would have been if the latter article had not been withdrawn.
3 With respect to the employer whose employee is after the day of entry into force of Article 2.10 of the Act of Inlining and Financing Law Work and Income to Labor and for the day of entry into force of Article 1.5 (V) of that Act , be entitled to a benefit on the basis of the Law employment and income to work , for:
a. the phrase "from the commencement of service" in Article 49, first paragraph ; and
b. the phrase "after that employee has completely or partially resumed his own labour or another function with the same employer" in the second member and in Article 49, second paragraph ;
read: from the day of entry into force of Article 1.5, Section V, of the Act Inlining and Financing Law Work and Income to Labor .
4 This Article shall not apply if the employee is employed in a provision of services Article 2 of the Social Employment Act .
The Articles 47 and 48a , as they say on the day prior to the entry into force of Article XVII, Parts C and D, of the Collecting Act SZW 2015 continue to apply in so far as the relevant premium rebate was applied on that day for the employment of an employee as referred to in Article 47, first and second paragraph, or Article 48a, first paragraph.
1 Article 47, introductory wording and part b , as that Article Marked on the day prior to the entry into force of the Law of December 29, 2008 to amend the Social Insurance Financing Act and any other social insurance laws in connection with the introduction of a premium discount for the service of persons entitled to benefit from 50 years of age and older and the holding of employees aged 62 and over (Stb. 598), continues to apply in so far as the relevant premium exemption was applied that day for the employment of employees aged 54.5 years and above, until those workers reached the age of 62.
2 The first paragraph shall not apply to the premium paid by the UWV to the employer on the basis of Article 11, second paragraph, of the Unemployment Act , Article 11, third paragraph, of the Health Act or Article 10, third paragraph, of the Disability Insurance Act (Wet op de Disability) except that the premium payable by the employer in that case remains applicable to the employer in that case.
The premium on the basis of Article 27 is established with effect from the year 2015 in relation to the development of charges for employers arising from the application of Article 47 and 122c reduced by 0.35% in 2015, 0.45% in 2016, 0.55% in 2017, 0.60% in 2018, 0.70% in 2019 and 0.75% in 2020.
1 The employer, on the day prior to the date of entry into force of Article III (C) (2) of the Restriction On Absenteeism and Incapacity For Work the risk contributes to the payment of the WGA benefit, referred to in Article 40, first paragraph, part b , as provided for in that Article, before that date is deemed to be at risk for payments as referred to in Article 40 (1) (b), with effect from that date, if he submits a guarantee as referred to in Article 40 (2), which are related to the carrying of this risk.
2 The employer shall submit the guarantee referred to in paragraph 1 at least 13 weeks before the date of entry into force, referred to in the first paragraph.
3 Carry the risk by the employer himself, intended in Article 40, first paragraph, part a Without prejudice to Article 40, paragraph 10 (b) shall be terminated by the inspector from the date of entry into force, referred to in paragraph 1, if the guarantee, referred to in the first paragraph, does not apply to a contested decision. at least thirteen weeks before that date was submitted by the employer.
In the case of, or under general management, rules for cash benefits are imposed on the basis of the Disease law to workers granted before the date of entry into force of the Article II of the Law on disability and incapacity for work safety net and WGA benefits , which were granted before that date to employees, who from the service from which the WGA benefit arose, were entitled to benefits under the Law on sickness, and execution expenses and other expenses related to those benefits, which were to be charged to the funds to be allocated to that measure.
The Articles 48a , 48b and 115, first paragraph, part l , due to expire from 1 January 2018.
All capital items specified by the UWV, in Chapter 5, of the Act implementing organisation work and income , managed and administered separately in the form of a incapacity for work as referred to in Article 3 (2). Article 113 As that ushered in the day before the entry into force of Article IV (G) of the Harmonisation and Simplification Law on Social Security Law , go to the Disability Fund, intended to Article 112 , in accordance with rules to be made by our Minister.
A municipality which itself is the risk, intended in Article 40, first paragraph , on 1 July 2011, at that date it also itself bears this risk to its employees as referred to in Article 40, 11th paragraph, as it was the day before the entry into force of this Article. Article IV (H) of the Harmonisation and Simplification Law on Social Security Law .
Article 64 As that ushered on day before the entry into force of Article IV (K) of the Law on Harmonization and Simplification of Social Security Law , it shall continue to apply to waivers granted pursuant to that Article.
Article 47, first paragraph, introductory wording and part b As that article was stated on the day prior to the entry into force of Article IXA of the Law lowering maximum structure and contribution rates pension and maximisation of pension income , continue to apply in so far as the relevant premium rebate was applied to employees on that day, who were 50 years of age or older but under 56 years of age.
If the proposal of the Law amending the General Survivors Law and the Act of Law on Citizen-War Victims of 1940-1945 submitted by Royal Message of 24 January 2014 related to a technical adaptation of the calculation of the Law of the Survivors survivor's allowance for single parents and clarification of the Unemployment Act (Chamber pieces 33 855) become law and Article IVa, section C, section 3, of that Act enters into force and at the latest on the day preceding the the date of entry into force of the appeal is brought against the statement of objections of the Inspector on the grounds of Article 40 , the law shall continue to apply as it applied on that day.
1 The quota charge referred to in Chapter 3, Section 4, paragraph 4a It will not be implemented after the introduction of a decision by our Minister, in agreement with the Council of Ministers, if it has been established that the number of jobs for labour restrictions is as defined in the Article 38b, first paragraph, and the fourth paragraph , to a sufficient extent has increased compared with the number of these jobs on 1 January 2013, with this being assessed separately for the general government sector as the non-government sector.
2 For the purpose of determining the increase referred to in paragraph 1, the number of jobs shall be determined by the Minister of Our Minister for labour restrictions referred to in the first paragraph, expressed in hours of leave on 1 January 2013 for the sector. government and the non-government sector shall be determined, in respect of the sector concerned for the calendar year concerned, as follows:
a. the cumulative number of additional jobs to be achieved for these labour restrictions expressed in hours of leave;
(b) the cumulative number of jobs achieved for these labour restrictions expressed in hours of leave; and
c. the result of the comparison between the cumulative number of jobs referred to in parts a and b expressed in leave hours.
3 For the purposes of paragraph 2, the person who does work shall not be considered to be employment-limited in the form of employment. Article 2 of the Social Employment Act Unless this person is designated by the fourth paragraph and the employer has been made available to the employer in the general government sector, the non-government sector shall be provided.
4 The rules of our Minister shall restrict categories of labour which have been made available to the employer in the general government sector by the non-government sector in order to carry out employment for him under his supervision and management; designating those rules to be laid down in accordance with that scheme shall be deemed to be labour restricted to which the second paragraph applies. For the purposes of paragraph 2, these categories of labour restriction shall not be considered as being in employment until the employer in the general government sector has at their disposal the non-government sector which has restricted these labour ed.
5 A ministerial arrangement adopted pursuant to paragraph 1 shall be submitted simultaneously to the two Chambers of the States-General. The ministerial arrangement shall not enter into force less than four weeks after the date of presentation.
Article 38h, eighth paragraph , with effect from 1 January of the fourth calendar year following the calendar year in which the quota levy is based on the Article 122n, first paragraph , has been activated, unless before that date a proposal of law has been submitted to the Second Chamber of the States-General, which contains a similar arrangement for the exclusion of the coercive system referred to in Article 38h, eighth paragraph.
Article 40, first paragraph, introductory wording and part a , remains outside the application to the sickness benefit on the basis of the Disease law , as well as the death allowance referred to in Article 35 of the Health Act , plus the amount of income dependent on the income, as referred to in point Article 42 of the Zorginsurance Act , that is or is paid to the insured against whom the first day of incapacity to work is situated on or after the day the insured person is the age, intended in Article 7 (a) of the General old-age law has been reached and before the day of entry into force of Article III (D) of the Act after the AOW pension age .
Rules governing the manner in which the tax authority, the UWV, the SVB, the Zorginstitute, the Care Institute, the Care Authority and the bodies involved in the implementation of the Directive may be subject to or pursuant to a general measure of management. Long-term care law , working together for the benefit of proper implementation of this law, the Law structure implementing organisation work and income , the public insurance, the workers ' insurance, the Law for incapacity for the self-employed , the Health insurance law and tax laws, as far as funding social insurance is concerned.
The SVB, the UWV, the Zorginstitute, the healthcare authority, the bodies involved in the implementation of the Long-term care law The tax authorities, the Central Planning Office and the Central Bureau of Statistics are responsible for their own movement and are obliged to meet each other and our Minister, our Minister of Finance and Our Minister of Health. Provide Welfare and Sport free of charge the gifts and information necessary for the implementation of this Act, the Law structure implementing organisation work and income , the public insurance, the workers ' insurance, the Law for incapacity for the self-employed , the Health insurance law and tax laws, as far as funding social insurance is concerned.
The UWV is responsible for the data provided by the tax authority, mentioned in the Article 73a, first paragraph , Article 73, fourth paragraph , or Article 73, seventh member, in connection with the first and second member, of the Act implementing organisation work and income issued general measure of management, to be granted to the in Article 73a, first paragraph , or Article 73, fourth paragraph, of the Act structure implementing organisation work and income (a) General measure adopted by the Governing Council, as a general measure. Article 73, first and second paragraph, of the Act implementing organisation of work and income mentioned third parties.
The Minister for Social Affairs and Employment shall return within five years of the entry into force of Article 38d to the States-General a report on the effectiveness and effects of this article in practice.
1 He who does not comply with the intelligence duty, intended to Article 77 , shall be held in custody for a period of not more than six months or a fine of the third category.
2 He who, by virtue of this law, entails paying contributions to a worker or former employee on the wage or salary of an employee or former employee without being permitted by this Law shall be subject to the custody of the person concerned. a maximum of one month or a fine of the second category.
3 The offences referred to in paragraphs 1 and 2 of this Article are offences.
For the placement in the Official Gazette, Our Minister draws up the numbering of the articles, paragraphs, sections and chapters of this law and brings the citations of articles, paragraphs, sections and articles in this Act. chapters with the new numbering in accordance.
The articles of this Law shall enter into force on a date to be determined by royal decree, which may be determined differently for the various articles or parts of such articles.
This law is cited as: Law financing social insurance.
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.
Given at The Hague, 16 December 2004
Beatrix
The Minister for Social Affairs and Employment,
A. J. de Geus
The Secretary of State for Social Affairs and Employment,
H. A. L. van Hoof
The Secretary of State for Finance,
J. G. Wine
The Minister for Health, Welfare and Sport,
J. F. Hoogervorst
Published the third of February 2005The Minister of Justice,
J. P. H. Donner
Chapter 1 General provisions |
1 |
Chapter 2 The financing of public insurance |
2 |
Section 1 Preliminary provisions |
2 |
Section 2 Premium of insured persons |
3 |
§ 1 Premium duty |
3 |
§ 2 Staff |
3 |
§ 3 Rate and charging discount |
4 |
§ 4 Supplementary rules |
5 |
Section 3 National contributions |
5 |
Chapter 3 The financing of workers ' insurances and the law on incapacity for work for the self-employed |
5 |
Section 1 Preliminary provisions |
5 |
§ 1 The concept of earnings |
5 |
§ 2 Instance and prohibition of narrative |
7 |
§ 3 Compulsory duty |
8 |
§ 4 Change of pretax change other than by 1 January |
8 |
Section 2 Financing of the Unemployment Act and Health Law |
8 |
§ 1 Premiums for the benefit of the Funds |
8 |
§ 2 General government |
8 |
§ 3 Compulsory employer and employee |
9 |
§ 4 Staff |
9 |
§ 5 Rate |
9 |
Section 3 Financing of the Unemployment Act and Law of Public Health |
10 |
§ 1 Resources to be carried by the public authorities |
10 |
§ 2 By keeping the government on the pay |
10 |
Section 4 Financing Law on disability insurance and Law on incapacity for work |
11 |
§ 1 Premiums and contributions in favour of the Funds |
11 |
§ 2 Compulsory employer |
11 |
§ 3 Staff |
11 |
§ 4 Rate |
11 |
§ 5 National contribution |
12 |
Section 5 Own-risk-bearing Health and disability-related law |
13 |
§ 1 General |
13 |
§ 2 Own-risk-bearing health law |
15 |
§ 3 Own-risk-bearing occupational incapacity insurance Act |
16 |
Section 6 Premium exemptions and premiums |
16 |
§ 1 Pre-allowance older worker |
16 |
§ 2 Employment disabled worker |
16 |
§ 3 Premium exemption in the case of marginal employment |
17 |
§ 4 Detailed rules |
18 |
Section 7 Premium levy in the employment relationship declaration |
19 |
Chapter 4 The collection and recovery of premiums |
19 |
§ 1 Levy |
19 |
§ 2 Inclaim |
20 |
§ 3 Debt-free negligence of the public insurance premiums |
21 |
§ 4 Supplementary rules |
22 |
Chapter 5 Gemoedsobjections |
22 |
Chapter 6 The financing of voluntary social security schemes |
23 |
Section 1 The financing of voluntary public insurance |
23 |
§ 1 Inguiding provision |
23 |
§ 2 Levy and collection |
23 |
§ 3 Premium duty and rate |
23 |
Section 2 Financing of voluntary workers ' insurance |
24 |
§ 1 Inguiding provision |
24 |
§ 2 Levy and collection |
24 |
§ 3 Unemployment law |
24 |
§ 4 Law on incapacity for work |
24 |
§ 5 Health Act |
24 |
Section 3 Additional provisions |
25 |
Chapter 7 The funds |
25 |
Section 1 General |
25 |
Section 2 People's Insurance |
25 |
§ 1 General Oldage Law and General Survivors Act |
25 |
§ 2 Long-term care law |
27 |
Section 3 Employee Insurance |
29 |
§ 1 Unemployment law and law of the law |
29 |
§ 2 Law on incapacity for work and incapacity for the self-employed persons |
36 |
Section 4 Integrated resource management |
39 |
Chapter 8 Slot and penalty provisions |
41 |