Key Benefits:
Law of 11 September 1997, laying down new rules on social employment provision (Social Employment Act)
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 lay down new rules on social employment, inter alia with regard to the target group, the indication of the indication, arrangements for assisted working, the legal status of the workers and the funding;
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:
1 The following shall be understood in this Act and the provisions which are based thereon:
Disabled persons: the ability to perform work, due to physical, mental or mental disabilities;
'labour-handed category' means a group of persons belonging to the target group, who is disabled in the same order;
College: college of mayor and aldermen;
Employment contract: a contract of employment as referred to in Article 610, 1st paragraph, of Book 7 of the Civil Code ;
target group: persons, who are not yet entitled to the retirement age, intended for Article 7a, first paragraph, of the General old-age law , have been achieved and which by physical, mental or mental limitations are capable of regular employment only under adapted conditions;
indicated: according to an indication decision or a reindication decision as intended in Article 11 to the target group and on the day before the entry into force of Article II, Section A, of the Entry into Act of the Act of Participation have a service referred to in Article 2, first paragraph , or Article 7 ;
'annual work year' means the equivalent of a service related to a full working week completed throughout the calendar year by an inoperative resident or assimilated, based on the average of the 12 months of work. end-month stocks;
Our Minister: Our Minister of Social Affairs and Employment;
Employee Insurance Implementation Institute: the Employee Insurance Implementation Institute, named in Chapter 5 of the Act implementing organisation of work and income ;
Employee: the inscription of a service as referred to in the Article 2, first paragraph , or Article 7 .
2 If in the case of a common scheme as referred to in the Common Arrangements Law the implementation of this law has been fully transferred to the board of a public body as referred to in Article 8 of that Act , that board shall apply for the application of this Act, with the exception of Articles 8 and 14, first paragraph , in the place of the relevant colleges.
3 In the case of, or under general management, detailed rules are laid down for determining the target group and the labour-handed categories.
1 The college may offer to a resident who is indicated a employment service for the provision of labor under adjusted circumstances.
2 The College may appoint a legal person governed by private law for the purposes of the implementation of this Law. The College shall regulate in the designation decision the content of the legal relationship between itself and the legal person concerned.
3 The City Council sets out by regulation rules on how residents are being indicated or their representatives are involved in the implementation of this law, governing in any case, the way in which:
(a) regular consultations shall be held with such residents or their representatives;
b. to allow these residents or representatives to sign up for the agenda of this consultation;
c. they shall be provided with the information necessary for appropriate participation in the consultation.
1 The labour specified in Article 2, first paragraph The aim is to maintain or promote the worker's ability to work, with a view to the ability to engage in work in normal circumstances.
2 In the context of adaptation of the circumstances, Article 2, first paragraph , account shall be taken of the relevant advice contained in the indication decision or a re-entry decision.
The College shall facilitate the integration into the employment process of the employees of whom it has been established by means of a recitation decision that they are able to perform work under normal conditions. The College shall cooperate with the Staff Insurance Implementing Institute.
The College shall pay compensation for the work of his or her employee or for goods or services supplied as a result of his or her employment, which must not adversely affect the conditions of competition unjustied.
1 The worker is obliged to work on the maintenance or promotion of his occupational skills and to the acquisition of work under normal conditions, to the extent that he is considered capable of doing so.
2 If necessary by derogation from Article 670 of Book 7 of the Civil Code the College shall, on its own initiative, include the service provided that:
(a) his employee does not cooperate in any re-indication in accordance with rules laid down in or pursuant to general rules of administration;
(b) his employee no longer belongs to the target group, as soon as an alternative reception option is actually available or is not available for him, or if he/she is not available, or as soon as he has refused an offer of appropriate employment under normal circumstances;
c. his employee does not comply with the first member.
1 If an employer with a resident who is indicated enters a service for employment under adjusted circumstances, and the inaction in the employment of the person, including guidance in his workplace, is adequate shall be provided the college may:
a. Provide a grant to the employer; and
(b) provide compensation to the accompanying organisation for the necessary costs of the labour application including the counselling of the inoperative at his place of work.
2 A periodic subsidy under this Article shall be granted by way of derogation from Article 4:32 of the General Administrative Law , granted as long as the service lasts and the entry into the labour of the person concerned, including counselling in his place of work, is adequately provided.
3 If necessary by way of derogation from the second paragraph, the periodic grant and the periodic compensation for the necessary costs of guidance in the workplace shall be terminated:
a. If the employee no longer belongs to the target group, as a result of an untouchable recitation decision, as soon as an alternative reception option is actually available or is not available for him or as soon as he is physically available he has refused an offer of appropriate employment under normal circumstances;
(b) if the employee does not cooperate in any re-indication in accordance with rules laid down in or pursuant to general rules of administration;
c. if the employee does not comply Article 6, first paragraph .
4 If necessary by derogation from Article 670 of Book 7 of the Civil Code the employer may cancel the service if the periodic grant is no longer granted under the third paragraph.
5 In the case of, or under general management, detailed rules may be laid down regarding the application of the first paragraph.
6 The nomination for a general measure of directors to be adopted under the fifth paragraph shall not be made earlier than four weeks after the draft has been submitted to both Chambers of the States General.
1 The Implementing Institute shall conduct employee insurance on request from the college periodically reindication of indictates according to the relevant Article 6, second paragraph, part a The rules laid down and adopted by decision of the indicts are:
a. Whether they belong to the target group;
b. After it has been established that an incised to the target group belongs:
1 °. the period of validity of the indication;
2 °. the classification of the indicated into one of the labour-handed categories, determined by the gravity of the adjustment of conditions and productivity.
2 At the request of the college, the Implementing Institute shall conduct employee insurance in accordance with the provisions of Article 6, second paragraph, part a , laid down rules, reindication of the worker who did not perform the stipulated work during an uninterrupted period of at least 13 weeks because he was prevented from illness due to illness and who had not been able to do so Understanding of the College will not be able to perform work on a sustainable basis under adapted conditions. The first paragraph shall apply mutatis mutandis.
3 A restatement decision shall be issued within 16 weeks of receipt of the application.
4 By way of derogation from Article 7:10, 1st paragraph, of General Law governing law the Implementing Institute shall decide within 16 weeks of the day following that on which the time limit for the submission of the notice against an indication decision or a restatement decision has expired.
5 In the case of, or under general management, rules may be laid down in respect of the task assigned to, or pursuant to this Article, the performance of the tasks assigned to the Implementing Institute, and the means of exercise thereof.
6 The nomination for a general measure of directors to be adopted under the fifth paragraph shall not be made earlier than four weeks after the draft has been submitted to both Chambers of the States General.
1 The college may withdraw the indication decision or a reindication decision of a person if:
a. Person shall refuse appropriate employment in service subject to appropriate circumstances;
(b) the services of the person concerned by the college have been restated on the basis of Article 6, second paragraph, part a or c , or by the employer, intended in Article 7 In connection with the application of Article 7, paragraph 3 (b) or (c), from the moment when the denunciation is untouchable;
(c) the service of the person concerned by the college or employer, as referred to in Article 7 , is op-ed for an urgent reason in the sense of Article 678 of Book 7 of the Civil Code and the employee can be accused of making a reproach from the moment that the denunciation is inviolably untouchable;
(d) the service concerned has ended at the request of the person concerned; or
e. data subject is not available to accept a employment service for employment under adapted circumstances.
2 The indication decision or the retractable decision shall lapse:
a. per the day the person concerned is the pensionable age, as referred to in Article 7a, first paragraph, of the General old-age law , reached; or
(b) if the person concerned dies.
3 The college shall revoke the indication or reentry decision of a person concerned upon written request of the person concerned to the college by the date of that request.
1 The College and the Implementing Institute shall provide employees ' insurances without charge to our Minister without charge any information which he needs for the provision of information and policy-making in respect of this Act.
2 In the case of ministerial arrangements, rules may be laid down for the content, methods and timing of the information.
1 Other colleges, the Article 2, second paragraph , designated legal persons and the Implementing Institute workers ' insurances shall be empowered on their own initiative and shall be obliged, on request, free of charge, to the college and to the Article 2, second paragraph , provide a designated legal person with all the information and information necessary for the implementation of this Act.
2 The College and the Article 2, second paragraph A designated legal person shall have its own own movement and, upon request from the administration, be required to provide, free of charge, for the execution of this law to administrative bodies the information necessary to comply with or pursuant to the law of the tasks assigned to these administrative bodies.
3 In the case of, or under general management, detailed rules may be laid down for the application of the first and second paragraphs.
4 Each shall be sent to the college, the implementing institute and the workers ' insurances, on request, on request. Article 2, second paragraph , designated legal person, free of charge, all information and information necessary for the implementation of this Act in respect of himself, in whose service or for the benefit of whom he has worked, or has worked, or who is in his service or has worked or has worked for his/her behalf.
5 The college of mayor and aldermen, the implementing institute workers ' insurance and the under Article 2 (3) , designated legal person shall use the civil service number specified in: Article 1 (b) of the general provisions Act civil service number , when processing personal data for the implementation of this Act, if necessary for the implementation of this Act or for the execution of other laws using that civil service number.
The officials appointed by a decision of the College shall be responsible for monitoring compliance with or under the terms of this Act.
As from the date of entry into force of this Law, the service shall be deemed to exist on the day preceding that date under the Social Employment Act, which shall continue until that date and which shall continue after that date. as a service for the purposes of this Act.
1 Article 11, first paragraph , mutatis mutandis, shall apply to the person who, on 31 December 1997, has a service under the Social Employment Act as it was worded as of that date, if it requests a reindication during that employment.
2 With regard to the benefit of the college for the implementation of the Chapter 2 and 3 on the calendar years prior to the entry into force of Article II, Section A, of the Entry into Act of the Act of Participation remain the Articles 8 , 9 and 9a and the provisions based thereon, such as these, on the day before the entry into force of Article II (A) of the Act of Entry into the Act of Participation, of the Act.
3 On an application for indication that at least 16 weeks prior to the day of entry into force of Article II, Section A, of the Entry into Act of the Act of Participation has been filed and has not been decided on that day of entry into force, shall be decided on the basis of the Social Employment Act and Article 30d of the Law structure implementing organisation work and income and the provisions based thereon, such as those in the midst of that day before its entry into force.
4 In a statement of objection or appeal addressed to a decision taken by the implementing institution workers ' insurances on an application as referred to in paragraph 3 and on which on the day before the entry into force of the Staff Regulations, Article II, Section A, of the Entry into Act of the Act of Participation is decided not yet irrevocably, shall be decided on the application of the Law on Employment and Social Security. Article 30d of the Law structure implementing organisation work and income and the provisions based thereon, such as those in place on the day before the entry into force of Article II (A) of the Act of Entry Into Force of the Act of Entry into Participation of the European Union.
After three years after the entry into force of this Law, and thereafter every four years thereafter, our Minister shall send to the States-General a report on the effectiveness and effectiveness of this Act.
The Social Employment Law shall be repealed.
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: Social Employment Law.
Burdens and orders that are in the State Sheet will be placed, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.
Given in Gravenhage, 11 September 1997
Beatrix
The Minister for Social Affairs and Employment,
A. P. W. Melkert
Published the sixteenth October 1997The Minister of Justice,
W. Sorgdrager
