Minimum Wage And Minimum Holiday Allowance Act Law

Original Language Title: Wet minimumloon en minimumvakantiebijslag

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Law of 27 November 1968, dealing with a minimum wage and a minimum holiday benefit

We JULIANA, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc., etc., etc.

Allen, who will see or hear these, saluut! do know:

As we have considered, it is desirable to regulate with the law on minimum wage and minimum holiday benefit;

This is the case. We, the Council of State, and with the mean consultations of the States-General, have been well-liked and understood to be right and to be understood by this:

Chapter I. General provisions

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Article 1

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  • 1 For the application of the status of, or under this law, determined by:

  • 2 For the application of whether to be determined under this law under collective agreement ' provisions of a collective agreement which, by virtue of the provisions of Article 2 of the Law on the general binding and the non-binding of provisions of collective bargaining agreements (Stb. 1937, 801) are declared universally binding.


Article 2

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  • 1 For the application of the event or under this law, the service refers to the employment contract of civil law.

  • 2 Under service means the labor ratio of the person, who is under contract with another to pay the provision of contracts to the agreement of such other-or to the client of those-with third parties, provided that he provides the conciliation procedure only for the latter, does not grant such a mediation one for him. In general, he would not normally be assisted by more than two other persons.

  • 3 Under service does not understand the employment relationship of the person, who is by or because of the Empire or the competent authority of a province, the municipality, the water, the property and the cattle polder, a civil service contract has been taken into service.


Article 3

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  • 1 In or under a general measure of directors can be arranged, according to which the labor ratio of the person, who conducts against pay personal labor, who does not an activity which is subsidiary to him, and whose employment relationship cannot already be regarded as a service under the preceding provisions but may be socially equal, is also to be regarded as a service of employment. Means

  • 2 If we consider this to be related to the special nature of the employment relationship or special nature of the work relationship?bijzondere where there is a general measure of management, the employment relationship of persons belonging to a designated category may not be regarded as a service relationship.


Article 4

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  • 1 For the application of the event or under this law, "employee" means the natural person, who is in service.

  • 2 Who does not fulfill his service within the Empire is considered as an employee only if he resides within the State and his employer is also resident or established within the State. To the extent that an employer has a permanent establishment within the State for the exercise of his business or profession, or has a permanent representative resident or established within the State, he shall be treated as such for the purposes of the preceding sentence: an employer established within the State.

    • 3 In the case of, or under a general rule, persons who do not have access to the living within the State, including as an employed person, to the extent that they fulfil their service outside the State.

    • 4 For the application of the previous members, ships and aircraft, which have their home port within the Empire, will be compared to from the employer and the crew considered as part of the Empire.


    Article 5

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    • 1 For the application of the event or under this law, the term "employer" means the person, to whom a worker is in employment.

    • 2 In case, referred to in Article 2, second paragraph, the employer means the person, with whom the contract for the grant of conciliation has been concluded.

    • 3 Where application is given to Article 3, first member, it is also provided with or under general measure of management defined by the employer in the cases in question.


    Article 6

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    • 1 For the purposes of applying to or under this law, "pay" means the monetary income arising out of the service, except:

      • a. earnings from overtime;

      • b. holiday benefits;

      • c. earnings benefits;

      • d. cash benefits on special occasions;

      • e. cash benefits resulting from the receipt of one or more benefits after a period of time or condition;

      • f. fees to the extent that they can be deemed to be designed to combat necessary costs incurred by the worker in relation to his employment;

      • g. special allowances for breadwinners and family heads;

      • h. cash benefits under a savings wage scheme as referred to in Article 32 (1) of the Act on payroll tax 1964.

      • i. end-of-year benefits;

      • j. an employer's contribution to the sickness insurance premium of a person referred to in Article 2, second paragraph, part a, of the Health insurance law.

    • 2 For general management measures, exceptions other than those referred to in paragraph 1 may be exceptions. shall be set.

    • 3 Our Secretary of State can determine which income is to be classified as benefits or fees Referred to in the first member under c-i.

    Chapter II. Minimum wage

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    Article 7

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    • 1 The employee who has reached the age of 23 has worked for the employment by him on employment, towards the employer right to a wage at least up to the amount, at or determined by the following articles under the name minimum wage.

    • 2 If, to that end, our judgment is based on land the development of collective labour agreements of the age at which a right to a wage arises at least until the amounts set out in Article 8, first paragraph, may be taken by a general measure of management shall be determined that workers below the age of 23, who have attained the age of 22 years or the age of 21 years, also have the right referred to in paragraph 1.

    • 3 In the case of a general management measure, employees, or employees, may be associated with the measure appropriate category-below the age of 23 years or, where application is applied to the second paragraph, below the age determined under that paragraph, which has reached a lower age designated by the measure, also applies it in the first paragraph Have a right.

    • 4 Rewards, which the employee receives from third parties for employment, by him in the service, are, as far as they are of the conditions of employment, for the purposes of applying it to or from the first, second or third members, shall be deemed to have been received by the employer.

    • 5 Loon to which the employee is entitled over a period of time, during which he does not perform any labor, becomes for the application of the case the terms of the first, second or third paragraphs, as remuneration for the employment of the person concerned are employed in that employment. Any sums which may be reduced by that provision shall be deemed to have been received by the employer for the purposes of applying it or of the first, second or third Member States.


    Article 7a

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    • 2 The first paragraph does not apply to the employee who typically carries out services exclusively or almost exclusively on less than four days a week for the benefit of the household of the natural person to whom he is in service.


    Article 8

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    • 1 The minimum wage is over each payout delay of:

      • a. one month or a multiple of one month: € 1264,80 [ Red: as of 1 July 2016: € 1,537,20], respectively, an equal multiple of this;

      • b. a week or a multiple of a week: € 291,90 [ Red: per 1 July 2016: € 354,75], respectively, an equal multiple of this;

      • c. a different time period: € 58,38 [ Red: as of 1 July 2016: € 70,95] multiplied by the number of working days included in that period. 'Working day' means a day on which the employee has performed or is entitled to pay as referred to in Article 7, fifth paragraph.

  • 2 Where this law refers to the amounts specified in the previous paragraph, if applicable to article 14, the as most recently stated, are regarded as amounts of amounts referred to in


Article 9

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The payoff of the pay workers whose employment is not based on a contract of employment, shall be effected in respect of the amount of the minimum wage each time after a quarter, unless the parties have agreed to a shorter payout delay.


Article 10

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  • 1 Our Minister may, at the request of an employer or a legal personality, provide employers or employees with the minimum wage of up to one designated by him category of workers in an undertaking or a branch of business or occupation for a period to be determined by a period of time to be determined by a company or profession, which is lower than the amounts applicable under Article 8 , if, in its opinion, the existence of, or the extent of, activity in that undertaking or that branch of business or occupation is seriously threatened. Conditions may be attached to such a finding. A request shall not be decided until it has been established that the applicant has held consultations with employers 'or employers' representative organizations in the matter in the opinion of Our Minister.

  • 2 Our Minister may decide on the application referred to in paragraph 1 in respect of categories designated by him. Persons belonging exclusively to or principally engaged in household or personal services, in the household of natural persons, also of their own motion.

  • 3 A decision to apply the first or the second member to employees in a branch of business or profession in the State Gazette known.


Article 11

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If by public law arrangement or collective agreement a period of reckoning, which includes multiple payout periods, is determined, becomes such period of charge for the application of Article 8 as pay-out period. A period of reckoning may comprise not more than 12 months.


Article 12

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  • 1 If employer and employee have agreed a work duration, which is shorter than the normal working time, the amount is, that is, under the items 8-11 for the employed person as a minimum wage shall be reduced proportionately.

  • 2 Under normal working time, the term "work duration", as a rule, is generally considered to be a working time. Complete service.

  • 3 Our Minister may, of its own motion or at the joint request of a legal personality, be the organisation of employers and (i) such organization of workers in respect of an employed person belonging to a category designated by its decision, establishing a different working time as normal working time.

  • 4 To the extent that the pay is not fixed by time for time space but depends on the results of the work done, is the use of the period of employment determined by or under this law: the period of time which is reasonably involved in the performance of the work performed.


Article 13 [ expired on 01-07-1986]

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Article 14

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  • 1 The amount, named in article 8, first paragraph, under a, will be reviewed by Our Minister from 1 January each time according to:

    • a. half of the development of the contract wages as it has been estimated for the year concerned, as evidenced by the publication in the Macro-Economic Approvals of the previous year; and

    • b. the difference between the development of the contract wages, as defined in the Central Economic Plan for the preceding year, was estimated and the evolution of the contract wages as they were for the previous year, It is apparent from the publication in the Macro-Economic Approvals of that year that it has been further estimated.

  • 2 The amount referred to in Article 8, first paragraph, point a, shall be applicable from 1 each. Re-reviewed by Our Minister, in accordance with the difference between half the development of the contract wages as they were for the year concerned, as evidenced by the publication in the Macro-Economic Approvals of the previous year. estimated and the development of contract earnings as estimated for the year in question, as evidenced by the publication of the Central Economic Plan for the year in question.

  • 3 For the purposes of first and second members, contract wages mean the average of the amount of the contract. percentage development of contract wages in market sector, premated and subsidised sector, and in government, as it is known by the Central Planning Office.

  • 4 If the application of the first, or the second member, would result in a decrease in the amount specified in article 8, first paragraph, point a, that amount is determined unchanged. In so far as this does not apply to the first, or the second paragraph, the percentage shall be taken into account at the next review and, where necessary, by the subsequent revisions.

  • 5 The amount listed in Article 8 (1) (a)can be effective from 1 January and from 1 January to 1 January. By way of derogation from the first to the fourth paragraph, the general measure of management shall be determined by means of an above-average wage development scheme so as to be likely to be detrimental to employment, or to any a volume development of the social security schemes in such a way as to make it necessary to increase the premium or to increase the tax burden.

  • 7 If, as of 1 July, the fifth paragraph, or the sixth paragraph, first sentence, applied, the application has been made, shall continue to apply the first paragraph, point (b), from the following year from 1 January of the following year.

  • 8 If a general management measure referred to in the fifth paragraph is prepared, Our Minister will present the draft of the measure with the corresponding note of explanatory note to the two Chambers of the States-General. The nomination of the measure may be made after a period of 10 days has elapsed from the date of presentation, or so as to have indicated as much earlier as both Chambers that no further information is required.

  • 9 The amount revised in accordance with the first up to fourth and sixth paragraphs shall be rounded to the nearest multiple From € 0,60 If the residual amount is € 0.30, rounding to top shall be completed.

  • 12 If it is foreseeable that a general management measure referred to in paragraph 5 does not apply in due time before 1 January 1 July, the Minister can provide that the amounts already set out in Article 8, first paragraph, are still in force for a period of time to be determined by the decision. no more than three months remain in force and may be established by a general measure of management in connection with that period.

  • 13 Our Minister shall, for the first time at the latest in 1994, verify that there has been no later than four years after the expiry of a period of no more than four years. present circumstances which would make a particular change to the amounts, listed in Article 8, first paragraph. In the case of a general measure of management, amounts may subsequently be set as the amounts set out in Article 8, first paragraph. The eighth paragraph shall apply mutatis mutandis.

  • 15 When a special amendment or reduction is associated with an application of the thirteenth and fourteenth member, the first to the sixth and the tenth member, the amounts referred to in Article 8 (1)shall be re-established in a single general measure of management, subject to the provisions of the from the first to the sixth and the 10th paragraph, the amounts revised in accordance with the thirteenth and fourteenth paragraphs shall be taken into account.

Chapter III. Minimum Holiday Quick Start Guide

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Article 15

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  • 1 The employee is entitled to the employer entitlement to a holiday allowance at least up to an amount equal to 8% of his employer's coming salary, as well as the benefits to which the employee benefits. he, during the service under the Health Act, Chapter 3, Section 2, Section 1, of the Act for Work and Care and the Unemployment law , except that the amount to which the sum of this wage and these benefits exceeds the triplicate of the minimum wage is not taken into account.

  • 2 The sum referred to in paragraph 1 shall be deemed to exceed the triplicate of the minimum wage if it is the sum of the minimum wage. The average amount of the period covered by the payment period for which the rate of payment is paid is more than three times the amount of the minimum wage set out in Article 8 .

  • 3 Rewards that the employee receives from third parties for work, by him in the service, is, as far as they are (i) working conditions, for the application of the previous members, shall be considered to be a wage of the employer.

  • 4 Concurrent with the application of Article 14, thirteenth paragraph, Our Minister will check if the development of the level of the holiday supplement agreed in collective agreements would make it desirable to increase the minimum holiday allowances. In the case of a general measure of management, the percentage referred to in paragraph 1 and the percentage referred to in Article 16, second and third paragraphsmay then be increased; a Minimum amount shall be fixed for the right of the worker to his employer under the first paragraph.


Article 16

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  • 1 Except for the second, third and fourth members, can be determined by a public contract or a collective agreement that the employee has no right to the holiday benefit or entitlement to a lower amount of the holiday benefit than the Article 15 results.

  • 2 If the sum of the pay, to which the employee is entitled to the previous one-year period of one year at the end of the year preceding the preceding period In so far as the worker has acquired right over that period, the benefit is less than 108% of the amount which the employee has obtained from that period as a minimum wage, the worker shall have the right to the benefit of the worker. Moreover, the amount of the payment of an annual holiday benefit of the amount to which the sum mentioned above exceeds 108% of the sum of the sum mentioned above.

  • 3 To the extent that the employee is entitled to benefits under the Health Act, Chapter 3, Section 2, Section 1, of the Work and Care Act, and the Unemployment Act during service The worker has acquired, in respect of these benefits to the employer, the amount of the annual benefit, plus at least 108% of the amount to which the employee is entitled to pay the benefits. benefits under the Health Act and the Unemployment Act calculated on the minimum wage, has or would have acquired the benefits.

  • 4 Where application is given to Article 15, fourth paragraph, the employee has a period of time as referred to in paragraph 2, at least, to a sum equal to the salary or salary, or benefits under the Health Act, of this amount, Section 2, Section 1, of the Work and Care Act and the Unemployment Act, to which the employee acquired right, or claim over that period, is not lower than the sum of the minimum amount established under Article 15 (4)and the minimum wage and benefits under the Health Act and the href=" /jci1.3 :c:BWBR0004045 &g=2016-07-17&z=2016-07-17"> Unemployment law calculated on the minimum wage, on which the employee is entitled, or would have acquired, over that period of time.

  • 5 If the salary agreed by the employer and employee exceeds the triage of the minimum wage, may also be written agreement shall stipulate that the worker is not entitled to a holiday benefit or has a right to a lower amount of the holiday benefit. Article 15, second paragraph, shall apply mutatis mutandis.

  • 6 In cases where the employer who is committed to his employees is subject to a public-law scheme or collective employment contract, or any provisions of a collective agreement which had been made binding on the basis of the first paragraph of Article 15 (1), also employed workers in respect of the contract of employment, or who does not exist may, by written agreement, derogate from Article 15 to the latter in respect of the latter.

  • 7 If the employee is entitled to pay over a period of time during which he does not perform any labor, benefits are provided under the Sickness Act, Chapter 3, Section 2, Section 1, of the Work and Care Act, and the Unemployment Act, which is the wage under that provision shall be reduced, for the purposes of this Article, to be borne by the employer as a charge of the employer.


Article 17

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  • 2 By law governed by public law, or written agreement, in respect of the time of payment of the first member of the public derogation, provided that any payment shall be made at least once in any calendar year.

  • 3 At the end of the service, the employee is paid the amount of the holiday benefit to which he/she is at that time of service. right has acquired right.


Article 18

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  • 1 Where provided under public law or collective agreements, the employer may fulfil its obligations to the employee relating to the the payment of holidays shall either be borne by a fund to the employee either by a fund or by payment of the payment of the holiday to a fund for which the employee acquires the right to a holiday benefit, provided that the amount is paid, on which the employee, by the transfer, acquires this payment, upon that fund, is not less than the amount to which the employee is entitled under the Articles 15 and (a) href= "#HoofdstukIII_Artikel16"> 16 has a right.

  • 2 A fund as referred to in paragraph 1 shall be set up according to the terms set out in article 631, third member, under c, of Book 7 of the Civil Code.

  • Chapter IV. Verification of compliance

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    § 1. Supervisors Prompt

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    Article 18a

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    • The verification of compliance with this law and the related provisions are in charge of the decision of Our Minister, under the terms of which the Secretary of State is responsible for the application of the law. him resorting officials.

    • 2 With respect to categories of employment designated by Our Minister, are supervised to the observance of this law and the provisions based thereon or to the responsibility of officials other than those referred to in the first paragraph. In the case of officials who are appointed by another Minister, the decision to designate such officials shall be taken by our Minister and other Minister.

    • 3 Of a decision referred to in paragraphs 1 and 2 shall be communicated by placement in the State Gazette.

    • 4 The official designated under the first or second member is at all times entitled to seizure of such susceptible objects. He may, for that purpose, claim extradition against any written evidence issued by him. Once the importance of investigation of the infringement so permits, the property seized shall be returned to the person in which it was seized.


    § 2. Administrative fine

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    Article 18b

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    • 1 If violation is marked:

      • a. the fulfilment by an employer of the obligation to pay for book payment of the minimum wage as provided for in Article 7 and 7aby an employer, or not to be insufficiently satisfactory; class="li">

        b. the fulfilment by an employer of non-compliance or insufficient compliance with the obligation to satisfy the minimum holiday benefit referred to in Article 15; and

      • c. [ Red: This part has not yet entered into force.]

    • 2 As a violation also, do not, if requested by the employer, make it available to the supervisor in a timely way from:

      • a. a declaration provided for in Article 626 of Book 7 of the Civil Code, or other documents showing the information required by that Article; class="li">

        b. documents showing the pay and holiday allowances paid to the employee; and

      • c. documentation showing how many hours the employee has worked.

  • 3 For the purposes of applying the second paragraph, the employer identifies the person in or for whose enterprise, company or establishment a person carries out or has done or has carried out, or has carried out, a person for reasonable suspicion on the basis of facts and circumstances. In such cases, the person referred to in the first sentence shall be regarded as an employed person for the purposes of applying the second paragraph. What is specified in the first sentence is subject to false proof.


Article 18c

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  • 1 An official appointed by Our Minister to this end shall impose the administrative penalty on his/her behalf and on his behalf. obligations to rest which result from this Act, in so far as its non-compliance has been designated as an infringement.

  • 2 The offences committed to or under this Act apply to any person with or in respect of whom the offence was committed.


Article 18d [ Expired per 01-07-2009]

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Article 18th

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Article 18f

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  • 2 Without prejudice to the first member, the official appointed under Article 18c, first paragraph, shall increase the administrative penalty to be imposed by 100% of the amount of the penalty determined on the basis of the sixth member, if, within a period of five years preceding the date of the determination of the offence, a previous infringement, consisting of failure to comply with the same legal obligation or failure to comply with, or under General government measure to designate similar obligations, has been established and the administrative penalty has become irretrievable because of the earlier offence.

  • 3 The increase of the administrative penalty, referred to in the second member, is 200 percent if both the violation and the earlier offense, referred to in that member, at or under general measure of management are designated as serious violations.

  • 4 Without prejudice to the first paragraph, the on-ground from Article 18c, first paragraph, designated official, the administrative penalty to be imposed of 200% of the amount of the penalty established under paragraph 6, if within a period of five years prior to the date of detection of the infringement, two times a previous infringement, consisting of failure to comply with the same legal obligation, or failure to comply with or pursuant to general measure of administration Similar obligations have been noted and the administrative fines have become irretrievable because of the previous infringements.

  • 5 By way of derogation from the second and fourth paragraphs, the five-year period in those paragraphs shall be 10 years if the irrevocable penalties, referred to in those paragraphs, have been imposed on a serious matter designated by or pursuant to general management measure violations.

  • 6 Our Minister lays down policy rules that include penalty amounts for each violation. Article 5:53 of the General Administrative Law Act applies if an article is made by or under this law under which a administrative fine may be imposed. imposed, not complied with.


Article 18g

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The one to whom an administrative fine has been imposed on the official designated by Article 18c (1), if requested to do so, on the basis of the information reasonably available for the execution of the administrative penalty. administrative penalty.


Article 18h

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If a It shall be repaid to the recipient within a period of six weeks after it has been established that the administrative fine has been wrongly imposed.


§ 2a. Shut-down of work

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Article 18i

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  • 1 An agent designated by Our Minister to this effect may, after an infringement of a prescription on or under this law has been established that has been established administrated administrated administrated administrated by a written warning to the employer that, in the event of a repeat of the offence or of a subsequent infringement of the same legal obligation as specified in the alert, the failure to comply with similar obligations under or pursuant to general measures of management may be ordered by him to cease operations for a period of not more than three months or not to be suspended may be caught. Article 18a, second paragraph, shall apply mutatis mutandis.

  • 2 If a warning as referred to in paragraph 1 has been issued and a recurrence of the offence or a subsequent offense as referred to in paragraph 1 has been detected, the official, referred to in the first member, may an order referred to in paragraph 1 shall be imposed on the employer, which shall be replaced by the date specified in the decision. This decision is not given until the first infringement, referred to in the first paragraph, has not yet been imposed on an administrative penalty.

  • 3 The finding of the violation, referred to in the first or second member, is recorded in a boo report.

  • 5 The official referred to in paragraph 1 shall have jurisdiction in the order referred to in paragraph 2, including the imposition of a charge under administrative force, to take the necessary measures, provide the necessary directions and call for the assistance of the strong arm.

  • 6 Any person to whom this is concerned shall be obliged to worn in accordance with an order referred to in the second paragraph and a measure or designation as referred to in paragraph 5.

  • 7 At or under general management measure, further rules relating to the first and second member states.


Article 18j [ Expandable by 01-07-2009]

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Article 18k [ Expat per 01-07-2009]

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Article 18l [ expired by 01-07-2009]

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Article 18m [ Expired by 01-07-2009]

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§ 3. Penalty payment under penalty level

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Article 18n

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  • 1 An official designated under him by Our Minister for that purpose may be an employer who is the person on the basis of Article 7 obligation to comply with what has been referred to in Chapter II as a minimum wage does not, or does not sufficiently satisfy, include an employer who is responsible for raising the minimum wage or minimum wage in violation of Article 13, as well as an employer who fails or fails to comply with an obligation under Article 15 , a charge of penalty payments imposition.

  • 2 The last penalty payment may apply for up to a period of 2 years.

  • 3 Our Minister sets policy rules about the burden under penalty payments.


  • Article 18o

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    If a Penalty payments have been incorrectly recovered, the amount of money paid shall be paid to the rightholder, plus the statutory interest, within six weeks after it has been established that the penalty payment has been unduly recovered.


    § 4. Data exchange

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    Article 18p

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    • 1 Governing bodies are empowered by their own movement and are required to be sent to our Minister and the officials within the meaning of article 18a, first and second member, provide, free of charge, any information and intelligence necessary for the execution and monitoring of compliance with or under this Act and it is necessary for a partnership between two or more of the aforementioned authorities.

    • 2 Our Minister and the officials referred to in Article 18a (1) and (2)shall provide other administrative bodies free of charge with all information and information obtained by carrying out or supervising the operation of the administrative authorities. compliance with or under this law, which is necessary for the performance of their legal task and is necessary for a partnership between two or more of the said authorities.

    • 4 The data provision, of the first and second paragraphs shall not take place if the personal life of the person concerned is thereby disproportionately impaired.

    • 5 The officials designated by Our Minister referred to in Article 18a, first member, may be free of charge to a legal entity eligible under the judgment of Our Minister full jurisdiction entrusted or co-responsible by the employers 'and employees' organisations to monitor compliance with collective agreements with regard to the imposition of administrative penalties for non-compliance with the obligations imposed on them by the institutions. Compliance with the Articles 7, 7a, 13, 15 , or 18b, second paragraph, of this law.

    • 6 If an employer has been fined to an employer, the relevant associations of notify employees and employers.

    • 7 The officials referred to in Article 18a, first and second member states, may be made to the eligible employees' and employers ' organisations, to a legal person who is the subject of the opinion of our Minister, Referred to in the fifth paragraph, or the foundation referred to in Article 14b (4) of the Law allocus labour force, the name and place of establishment of the employer to provide information about that employer in the performance of the supervision of compliance with or under this law , which is necessary for the purposes of the the supervision of the collective agreement by those organisations or legal persons or for the assessment of the validity of a certificate issued by the certifying institution.

    • 8 At or under general management measure, rules can be set about cases where and how in each case data will be provided.


    § 5. Disclosure of data obtained by monitoring the compliance of data

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    Article 18pa

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    • 3 When general governance measures are made, further rules relating to disclosure will be made, including the possible response of any interested person in connection with the the disclosure of his data, the time period to which such information is made available and the manner in which the disclosure takes place.

    • 5 The disclosure referred to in paragraph 1 shall be effected not earlier than after 10 working days end after the day on which the decision has been made known to the party concerned.

    • 6 disclosure is stated or contrary to a decision to impose an administrative fine or a decision referred to in Article 18i, second paragraph, whether or not a remedy exists.