Key Benefits:
Law of 5 June 1913, on workers-sickness insurance
We WILHELMINA, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc., etc., etc.
Allen, who will see these or read hooren, salut! do n' t know:
We have therefore taken the view that it is important to ensure that workers are given a cash-out in the event of disease and to make provision for the supply of workers against sickness;
So it is that we, the Council of State, and with the mean consults of the States-General, have found and understand, as We approve, and understand the following:
1 For the purposes of this Act and of acts adopted in its implementation, the following definitions shall apply:
a. Our Minister: Our Minister of Social Affairs and Employment;
b. Employee Insurance Implementing Institute: The Employee Insurance Implementation Institute, named in Chapter 5 of the Act implementing organisation of work and income ;
(c) entities: legal persons, firms and partnerships, non-legal forms of cooperation which may be the same as associations of associations, undertakings of legal persons and target assets;
d. Stranger: what is meant by the Aliens Act 2000 ;
e. unpaid leave: a leave of leave between the employer and employee for part or the whole of the working time, in which the employee does not work with the employer;
f. law has been deprived of his liberty: the right of law has been deprived of his freedom, subject to the cases provided for in the Law on special drawings in psychiatric hospitals and in Article 37, first paragraph, of the Penal Code ;
g. judicial establishment: a penitentiary establishment, a provision for the provision of equipment for the purpose of consulting, or a device as referred to in Article 3 (2) of the EC Treaty. Article 1 (b) of the PrincipLaw of the Judicial Youth ;
h. Own-risk-bearer: the employer to whom the authorisation is granted in accordance with Article 40, first paragraph, introductory sentence and subparagraph (a) of the Social Insurance Financing Act ;
i. Government employer: the employer, intended to Article 1 (k) of the Public Employees Act under the employees ' insurances ;
j. continental shelf: the exclusive economic zone of the Kingdom, meant by Article 1 of the National Law on the exclusive economic zone , to the extent that it borders the territorial sea of the Netherlands;
(k) deprivation of liberty or deprivation of liberty: a custodial sentence or measure involving deprivation of liberty imposed by an irrevocable judgment as intended for the purpose of the Penal code , subject to the cases provided for in Article 37, first paragraph, of the Penal Code ;
l. minimum wage: the minimum wage, in accordance with Article 8, first paragraph, part a, of the minimum wage law and minimum holiday allowances or, in the case of a person under the age of 23 years, the minimum wage for his age, as provided for in Article 7, third paragraph And Article 8, third paragraph, of that law.
2 The following shall be treated in the same way as for the purposes of this Act and of acts adopted until its implementation:
a. spouse: registered partner;
b. spouses: registered partners;
c. Married: registered as a partner.
3 For the purposes of this Act and of decisions taken to comply with its implementation:
a. As married or as a spouse, the unmarried majority-year-old, who carries a common household with another unmarried adult, unless it concerns a relative of the first degree;
b. As unmarried, the person who lives permanently separated from the person with whom he is married shall be regarded as unmarried.
4 A common household is involved if two persons have their main residence in the same dwelling and they show care for each other through the provision of a contribution to the cost of the household or otherwise.
5 A common household shall in any event be deemed to be present if the persons concerned have had their main residence in the same dwelling and:
a. They have been married to each other, or have been equal to them before the application of this Law;
b. their relationship a child has been born or recognised by one child of one by the other;
(c) they have a mutual obligation to contribute to the housekeeping under a contractual social contract; or
d. They shall be regarded as having a common household attitude, according to their nature and scope, corresponding to the common household, referred to in the fourth paragraph.
6 In the case of general management measures, the registrations and during which period shall be taken into account for the purposes of the fifth paragraph.
7 In the case of a general measure of management, rules may be laid down in respect of what is meant by the demonstration to ensure another, as referred to in the fourth paragraph.
8 Under the first degree referred to in paragraph 3 (a), part (a) shall be understood to mean an adult child or a former foster child of the unmarried adult adult.
9 Under the former foster child as referred to in paragraph 8, the term 'foster child' means a foster child for whom the unmarried adult has received or receives a foster charge on the basis of the Law on Youth or the Juvenile law , or child benefit received on the basis of the General Child by-entry law .
1 Where a person lives and where a body is located is assessed according to the circumstances.
2 For the purposes of the first paragraph, ships which have their home port within the Netherlands shall be regarded as being part of the Netherlands.
1 Worker is the natural person governed by private law or public service law.
2 Who carries out his service outside the Netherlands and the continental shelf, is not considered to be an employee, unless he lives in the Netherlands and his employer also lives or is established in the Netherlands. In so far as an employer:
a. A permanent establishment in the Netherlands for the exercise of his business or profession, or has a permanent representative resident or established in the Netherlands; or
b. In the Netherlands, he employs one or more persons and he is designated by or because of Our Minister as an employer, he is treated as an employer resident or established in the Netherlands for the purpose of applying the first sentence.
3 By way of derogation from the first and second paragraphs, not as a worker shall be considered to be the foreigner who is not lawfully resident in the Netherlands within the meaning of Article 8 (a) to (e) and (l) of the Aliens Act 2000 .
4 In the case of, or under general management, provision may be made to:
a. persons residing outside the Netherlands are also regarded as an employed person, in so far as they fulfil their services outside the Netherlands;
(b) persons residing in the Netherlands are also regarded as an employed person, in so far as they fulfil their employment outside the Netherlands and their employer is resident or established outside the Netherlands.
5 In the case of, or under a general measure of management, the first, second and third paragraphs may be derogated from in respect of:
a. Aliens;
(b) persons subject to a system of insurance against the pecuniary effects of the incapacity for work of Aruba, Curaçao, Sint Maarten, the social legislation of the Netherlands for the benefit of the public entities Bonaire, Sint Eustatius and Saba, of another power, or of an organisation of international law; and
c. persons who only stay temporarily in the Netherlands or are temporarily employed in the Netherlands.
6 In the case of a measure referred to in paragraph 5, a derogation from the third paragraph may be waived as regards:
(a) aliens who have been lawfully employed in the Netherlands or who have been engaged in the work;
b. aliens who, after having been lawfully resident in the sense of Article 8 (a) to (e) and (l) of the Aliens Act 2000 , legitimately residing in the Netherlands as intended in Article 8 (g) or (h) of the Aliens Act 2000 .
If necessary by derogation from Article 3 and the following provisions:
a. The person whose insurance arises under this law from the application of provisions of a Treaty or of a decision of an international organisation shall be considered to be an employee;
b. shall not be considered as an employee the person to whom the legislation of another power is applicable under a treaty or to a decision of an international organisation.
1 As a service the employment relationship shall be considered to be:
a. The person, other than self-employed, and other than as a homeworker, under an agreement to approve work as intended Article 750 of Book 7 of the Civil Code , personally, a work is to be established;
b. The person who A the person referred to in the event of establishing that work;
(c) the person who, under contract with another person to whom remuneration is paid, provides mediation for the conclusion of contracts between persons to be visited by him and the other, provided that he provides the said mediation solely for the purpose of the granting of such a conciliation is not a subsidiary to him and is not usually assisted by more than two other persons;
(d) the person who, under contract with another person to whom remuneration is paid, provides mediation for the conclusion of contracts between the persons to be visited by him and a client of the other, provided that he or she mediation only for the other, the provision of that mediation is not an activity to which it is a subsidiary, and is not usually assisted by more than two other persons;
e. the driver of a company as referred to in Article 132, third member, of Book 2 of the Civil Code , with the exclusion of the Director-General shareholder referred to in Article 6, first paragraph, part d ;
f. The person, who as a member of the crew of a fishing vessel is entitled to a stake in the besomming, unless he
1. as such, against the pecunious effects of incapacity for work, is insured under the Social Fund for the fishing industry;
2 °. operator or co-operator of the vessel;
g. the person working to obtain professional competence, including the person who is practical as a pupil of an institution of education, and the person who receives training in a business school, if he/she is a student of an institution of education, a reward is enjoyed, which does not consist exclusively of teaching;
h. The person employed as a driver for the benefit of a cooperative which, with its members, only applies to contracts of employment Article 610, 1st paragraph, of Book 7 of the Civil Code concludes that, if he is a member of the cooperative, and in accordance with its Statute and with due regard to the requirements set out in the third paragraph and under the fourth paragraph, it can be regarded as a cooperative with workers ' self-governing bodies;
i. the person who, on the basis of the Conscription of the framework law Fulfils his military conscription, or the person who is responsible for the Military service conscientious objection law Is obliged to perform a substitute service;
j. the person who is on the basis of Article 37 of the Law of War for the Netherlands has been identified as military.
2 The provisions of the preceding paragraph, A and B , remains out of application, if under A The agreement was entered into directly with a natural person for the benefit of his personal affairs.
3 A cooperative as referred to in the first paragraph, part H , comply with the requirements, that:
a. Generally, at least two-thirds of the number of the persons with whom the cooperative is a contract of employment as referred to in Article 610, 1st paragraph, of Book 7 of the Civil Code has closed, is a member of the cooperative;
b. membership of the cooperative by each of the in A Persons referred to may be acquired under the same conditions and conditions of pecunious nature do not constitute a material obstacle to the procurement of their membership;
c. the members of the cooperative have one vote;
d. the terms and conditions of employment of the members of the cooperative do not differ materially from what is customary in the case of similar undertakings in the sector concerned;
(e) a member of the cooperative, subject to the liquidation of the cooperative, may, upon the termination of its membership, be entitled to a maximum of his or her entitlement to his or her condition as a result of a pecunious condition as referred to in paragraph 1. B , either from others, amount paid to the cooperative, rereined to cash-out-of-money devaluation.
4 In the case of a general measure of management, rules may be laid down using the requirements set out in paragraph 3
(a) be determined;
b. are complemented by other requirements under which the cooperative can be considered to be a cooperative with employee self-government.
5 For the purposes of paragraph 1 (a), 'self-employed person' means the person who:
a. Lives in the Netherlands and enjoys taxable profits as a result of: Section 3.2.1 of the Income Tax Act 2001 , unless it does not actually drive the company for its own account; or
b. does not live in the Netherlands and which benefits from taxable profits from the Netherlands company as intended Section 7.2 of the Income Tax Act 2001 , unless it does not actually drive the company for its own account;
c. Director-General shareholder is as referred to in Article 6, first paragraph, part d , and the work is carried out exclusively for the account and the risk of the company of the legal person of which he is a managing director.
In the case of, or under general management, rules may be laid down, which shall also be regarded as a service of the employment relationship of:
a. The person, who performs work as a homeworker;
b. The person who A shall assist the person referred to as assistance in the performance of the work;
c. the person acting as a musician or otherwise as an artist or an occupation of a branch of sport;
d. the person who, against remuneration, carries out personal work and whose employment relationship is not already regarded as a service as a result of the preceding provisions, but may be socially equal to that point.
1 As a service, the employment relationship shall not be considered as:
a. The person, that Minister, Secretary of State, Commissioner of the King, Mayor, National Ombudsman, Deputy Ombudsman, Member of the Member States, alderman, chairman of a watership or the State Representative for Public Bodies Bonaire, Sint Eustatius and Saba, is;
(b) the person who is a volunteer work as a police official, and of the person who, as a volunteer, carries out work in the fire brigade, whether or not at the wage level;
(c) the person who normally carries out exclusively or almost exclusively services on less than four days a week for the benefit of the household of the natural person to whom he is in employment;
d. The Director-General Manager;
e. the person who volunteered as intended to Article 2, 6th paragraph, of the Law on Earnings Act 1964 , receive only benefits or benefits referred to in that paragraph with a combined value of up to € 150 per month and € 1 500 per calendar year.
2 No employment shall be deemed to be present on days on which no work is carried out and no benefit or benefit is enjoyed by less than half of the normal salary of the employer, unless the employment is not engaged in the employment Cause:
a. a normal interruption or inability to perform the work, until such interruption or inability to take longer than one month;
b. weather conditions, lack of materials or such conditions;
c. [ Red: Expiring;]
d. the condition that the service is intended to cover only part of a normal working week;
The fact that the service is intended to be not performed regularly in every calendar week in so far as it concerns the calendar week in which work is carried out or work is carried out, if the person concerned does not had become incapacitated;
f. incapacity for work in respect of which sickness benefit has been granted under this law or which is the subject of which entitlement is payable under the conditions of the Law employment and income to work or the Incapacity for work insurance .
3 For the purposes of paragraph 1 (c), the provision of services for the benefit of a household shall be understood to mean the provision of care to members of that household.
4 The first and second paragraphs shall apply only to the industrial relations referred to in that paragraph.
5 Our Minister, in agreement with our Minister of Finance, shall lay down rules on what is part of the principal shareholder referred to in the first paragraph. Ed , it is understood.
For the purposes of this Act, an employed person shall be considered as:
a. The person who, by virtue of the compulsory insurance on the basis of the Unemployment law receive benefit;
b. In cases to be indicated by Our Minister, the person who:
1 ° in a calendar week at least five working hours less than its average working hours per calendar week, or a number of hours of work equal to more than half of its average working hours per calendar week as per calendar week. Intended in Article 16, first paragraph, part a, of the Unemployment Act , but to whom no benefit is granted under any provision of that law; or
2 ° as a result of the rules laid down in the ministerial arrangement under Article 1a (2) of the Unemployment Act does not have any working hours less than 1 °.
For the purposes of this Act, the following shall be considered as an employee:
a. The person, who receives sickness benefit under the compulsory insurance under this Law;
b. In cases to be indicated by our Minister, the person who does not work for illness but who does not grant sickness benefit under any provision of this law;
c. the person who does not work because of illness, but who does not receive any cash sickness benefit on the basis of Article 29, first paragraph , but a surcharge on the basis of the Supplements Act .
1 For the purposes of applying this law, the person concerned shall be deemed to be the person under the obligation of compulsory insurance under the conditions laid down in this Article. Law employment and income to work or by reason of the Incapacity for work insurance receive benefit.
2 The first paragraph shall not apply to those who do not reside in the Netherlands.
1 To an at or under general measure of administration, upon nomination of Our Minister, together with our Minister of the Interior, to determine the time:
a. is not considered as a service the employment relationship of the public employee, intended in Article 1 (l) of the General Staff Law under the Workers ' Insurance Act ; and
(b) Article 8a does not apply to the person who, by virtue of one or more industrial relations as a public employee, is a public employee of one or more of the former employment relationships, receive benefit under compulsory insurance on the basis of the Incapacity for work insurance .
2 The date referred to in paragraph 1 may apply to groups of public sector workers referred to in subparagraph (a) of that paragraph, and to groups of public sector workers and former public sector workers entitled to benefits under the conditions of Incapacity for work insurance shall be determined in accordance with the provisions of subparagraph (b) of that paragraph.
3 In the case of or under the general measure of management referred to in paragraph 1, the rules may be different and, if necessary, temporarily laid down in this Act.
For the purposes of this Act, the following shall be considered as an employee:
a. Employee or assimilated, intended in Article 3:6, 1st paragraph, of the Law of Work and Care to whom payment is made under Chapter 3, Section 2, Section 1 of that Act;
b. in cases to be indicated by Our Minister, the person who does not work in connection with pregnancy and childbirth, other than in the case of Article 29a But to whom no payment is paid under Chapter 3, Section 2, Section 1, of the Law of Work and Care.
The employer is the public employer as the natural person to whom or the body to which one or more natural persons are in employment.
If the employer is considered:
1 °. in the cases specified in Article 4, first paragraph , below:
A and B : the procurer;
C and Ed : the person, with whom the contract for conciliation is concluded;
P. : the company;
f. : the operator or co-operator of the vessel;
G : the person to whom the work is to be carried out or to be trained;
H : the cooperative;
I : Our Minister of Defence, respectively, Our Minister;
J Our Minister of Defence.
2 °. in the cases specified in Article 5 , under: a: the client;
B : the home worker;
C : the person, with whom the action or the sporting activity has been agreed;
Ed : the one, the one at the Article 5 shall be designated as an employer as a general measure.
3 °. the designated withholding agent, specified in Article 6, 6th paragraph, of the Law on Earnings Act 1964 .
1 The Implementing Institute workers ' insurances shall be regarded as an employer in the cases provided for in Article 7 (a) , Article 8 (a) and (c) , Article 8a and Article 8c (a) .
2 In the cases provided for in Article 7 (b) , Article 8 (b) , and Article 8c (b) , as an employer, is considered to be the person appointed by Our Minister as an employer.
3 Where the Implementing Institute's insurance, payment or supplement referred to in the Articles referred to in the first paragraph, together with the contributions payable on the employer by the employer and the income dependent on income, is intended to be used in accordance with the provisions of the Article 42 of the Zorginsurance Act , pays to the employer, meant in Article 9 , 10 or 12 In order to pay for this benefit or supplement by the intermediary of his/her intervention, the latter shall, for the purposes of applying the first paragraph, replace it with employees ' insurances, independently of the survival of the Employment relationship with that employer.
4 If a self-risk-bearer is the benefit of the benefit, Article 8 (a) , due to Article 63a pay or the benefit on the basis of the Law employment and income to work , referred to in Article 8a, first paragraph , due to Article 82 in conjunction with 84 of the Work and Income to Work Assets Act This self-risk carrier shall act as an employer instead of the Implementing Institute with employees ' insurances, independently of the continued existence of the service with that own-risk-carrier.
5 In the case of a ministerial arrangement, detailed rules may be laid down in relation to the contributions payable by the employer as provided for in paragraph 3.
Our Minister may, in agreement with our Minister of Finance, by way of derogation from the Articles 9 and 10 designate a person other than the person referred to there as an employer in respect of:
(a) the person who, under contract with another contract, provides mediation with other means of establishing agreements between persons to be visited by him and a client of the other;
b. The person assisting a homeworker as an aid in the performance of the work;
c. the person acting as a musician or otherwise as an artist or as a profession practists a branch of sport.
The employer is obliged to give the worker the opportunity to exercise the powers conferred upon him by or under this Law and to the fulfilment of the obligations imposed on him by or under this law, in so far as the exercise of that person's duties is power and the fulfilment of those obligations cannot be carried out outside working time.
1 This law is paid by wages and salaries in the sense of: Chapter 3 of the Social Insurance Financing Act .
2 Wages and undistributed enjoyed by different persons shall be deemed to be equal to the same proportion by each of them, to the extent that it is not apparent from any other division.
1 For the purpose of calculating sickness benefit under this Law, the daily wage is 1/261 part of the salary which the worker in the period of one year ending on the last day of the second return period is at the time of the declaration period in which the unfitness to work as referred to in Article 19, first or second paragraph (a) entered in the course of employment from which he was unfit to perform his work, but not more than the amount intended to be paid in the course of the period of employment. Article 17, first paragraph, of the Social Insurance Financing Act , in relation to a pay period of one day.
2 In the case of a general measure of management, inter alia, where the service referred to in the first paragraph has lasted less than the year referred to in paragraph 1, in relation to the determination of the dagloon referred to in the first paragraph, and Revision of the rules and, where necessary, different rules.
1 The daily wages are revised as of the day on which and to the extent specified in the amount Article 8 (c) of the minimum wage law and minimum holiday allowances shall be reviewed.
2 Our Minister is known in the Official Gazette from which day, and by what percentage a revision as referred to in the first paragraph takes place.
3 A revision of the benefit resulting from a review of the daily wage will be carried out without the decision being made by decision.
4 The Employee Insurance Implementing Institute shall pay the revised benefit referred to in paragraph 3 at the next payment of benefit after the revision referred to in the first paragraph has taken place.
1 The insured person shall be entitled, in the event of incapacity to work, to the right to receive sickness benefit in accordance with or pursuant to this Law, as a direct and objective medical practitioner.
2 The female insured person shall be entitled to sickness benefit in the event of incapacity to work which is caused by pregnancy or childbirth in accordance with the provisions of this Law.
3 The female insured does not have a right to sickness benefit during the period of maternity or maternity leave in accordance with Article 3:1, 2nd and 3rd member, of the Law of Work and Care or a benefit on the basis of Article 3: 8 of that Act .
For the purposes of this Law, sickness may include defects.
5 With respect to an insured person who does not have an employer as intended Article 9 , 10 or 12 'incapacity for work' means the incapacity to perform work which is normally typical of his work in a similar employer. By way of derogation from the first sentence, if the insured person has carried out the work for less than one week and has done so for at least six months of work in the absence of his or her work 'incapacity for work' means work which is normally characteristic of the other work carried out in the course of the six months concerned.
1 By way of derogation from Article 19 the insured person who does not have an employer to whom he is entitled, in the event of incapacity to work, for sickness, maternity or childbirth, is entitled to pay as intended for the purpose of Article 629 of Book 7 of the Civil Code or it is entitled to pay on the basis of Article 76a, 1st paragraph, of the Law of the Health After the expiry of a period of 52 weeks of incapacity to work after the first day of incapacity for work, entitlement to sickness benefit in accordance with the provisions of this Law, if the insured person:
a. Is unsuitable for the performance of his work, as intended Article 19 ; and
b. if, directly and objectively medically determined due to illness, deficiency, pregnancy or childbirth are only able to earn a maximum of 65% of the hourly standard of the standard of the standard.
2 By way of derogation from paragraph 1 (b), the insured person referred to in the first paragraph shall be entitled to sickness benefit up to one month from the day on which he is able to earn more than 65% of the standard of manmade per hour.
3 In the case of the insured person referred to in paragraph 1, who earns more than 65% of the manmade income per hour from the day on which the 52-week period referred to in paragraph 1 exceeds 65% of the manmade income, the first paragraph shall not apply to the period of up to six months from the day on which he was to earn more than 65% of the standard of measure per hour by work.
For the purpose of determining the 52-week period referred to in paragraph 1, periods of incapacity to work shall be aggregated if they follow each other with an interruption of less than four weeks, or if they are immediately preceding and connect to a period of time of benefit in connection with pregnancy or childbirth on the basis 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.
5 "Measure" means any healthy persons with similar training and experience, on the spot where he or she carries out or last performed, or in their vicinity, who usually earn from work.
1 The percentage of the size of the income that the insured person can earn, intended in Article 19aa , it shall be established on the basis of an occupational health and occupational test. Conditions to be laid down by a general measure of management may be waived in the case of a work-management examination.
2 When determining the percentage of the income earned by the insured person, if possible, account is taken of new qualifications obtained, but is not taken into account if the insured person can actually obtain the employment to obtain. If the insured person carries out or last carried out for which the employer is the employer of the wage cost subsidy as referred to in point Article 10d of the Act of Participation in relation to a reduced wage value of the insured person, in determining the percentage of the income, the insured person shall be able to obtain a maximum of the insured person's incapacity as a result of the incapacity to perform his work. they deserve due account of this circumstance.
3 Under labour as referred to in Article 19aa, first paragraph This means all the generally accepted labour to which the insured person is capable of being able to work with his powers and abilities.
4 In the case of, or under any general measure of management, the first, second and third paragraphs, and Article 19aa, first and fifth paragraphs , detailed rules, where necessary, shall be laid down.
5 The nomination for a general measure of directors to be determined under the fourth paragraph or the adoption of a ministerial arrangement based on such a general measure of governance shall not be taken after the draft in question is adopted. the State Official has been published and has been given the opportunity to inform Our Minister within four weeks of the date on which the publication is made. At the same time as the publication, the draft shall be submitted to the two Chambers of the States-General.
6 In the assessment, referred to in paragraph 1, the insurance physician shall use as much scientific knowledge as possible to support the assessment of the percentage of the measure income that the insured person may earn.
1 No right to sickness benefit has the insured person during the period that he does not reside in the Netherlands.
2 The first paragraph shall not apply where the insured person resides in a country in which entitlement to sickness benefit may exist under a treaty or by a decision of an international organisation.
3 If the right to sickness benefit has been terminated or has not been established on the basis of the first paragraph, the person concerned shall, from the day of the day:
a. He resides in the Netherlands; or
(b) that he resides in a country with which a treaty entered into force or has become in force by a decision of an international organisation which may be entitled to sickness benefit; it shall be regarded as insured if he is liable to have entered into force in the country of day to the other conditions specified in the Articles 19 and 19aa -That's right. The insured person is entitled to have the right to be reopened or to receive sickness benefit for the remainder of the period referred to in Article 4 (1). Article 29, fifth paragraph , then Article 29a, fourth paragraph , subject to the provisions of this law.
4 In the case of, or under general management, the insured person or his family member resident in the same country may, during the period during which the insured person does not reside in the Netherlands, be entitled to sickness benefit if he:
a. operations carried out in the public interest; or
b. Lives Bonaire, Sint Eustatius or Saba in Curaçao, Aruba, Sint Maarten, or the public bodies.
5 Our Minister shares in what countries can be entitled to sickness benefit under a treaty or a decision by an international organisation of international law. This communication shall also include:
(a) the place where the relevant Convention or Decision is established; and
b. any restrictions which may be present in that Convention or Decision.
1 The insured person is not entitled to sickness benefit during the period during which he has been deprived of his freedom, from the day that he took his liberty of liberty for one month. If the first day of incapacity for work is situated in a period of time when the insured person has been deprived of his freedom, no right to sickness benefit shall be incurred.
2 If the right to sickness benefit has been terminated or has not been established on the basis of the first paragraph, the person concerned shall, as from the day he is placed in freedom, be reinstated as an insured person if he or she, on that date, subject to the other conditions, is to be regarded as being insured on that date. The Articles 19 and 19aa -That's right. The insured person is entitled to have the right to be reopened or to receive sickness benefit for the remainder of the period referred to in Article 4 (1). Article 29 , fifth paragraph, or Article 29a , fourth paragraph, subject to the provisions of this law.
3 For the purposes of the first paragraph, periods of freedom of freedom shall be aggregated if they follow each other with a break of less than four weeks.
4 The first paragraph shall not apply and the second paragraph shall apply mutatis mutandis to categories of persons subject to general measures of management, where the execution of a custodial sentence or measure involving deprivation of liberty is excluded from the scope of the measure. a judicial establishment.
5 The insured person in respect of whom Article 19c, first paragraph By way of derogation from the first paragraph, no entitlement to sickness benefit shall, as from the date of entry into force of the freedom of liberty, be granted on the day prior to the release of freedom.
1 The insured person who is deprived of the execution of a custodial sentence or detention order has no right to sickness benefit.
2 If the right to sickness benefit has been terminated or has not been created on the basis of the first paragraph, the person concerned shall, from the day on which he is no longer involved in the implementation of a custodial sentence or detention order, be returned as insured person, if on that day he identified the other conditions of the insured person, as provided for in the Articles 19 and 19aa -That's right. The insured person is entitled to have the right to be reopened or to receive sickness benefit for the remainder of the period referred to in Article 4 (1). Article 29, fifth paragraph , then Article 29a, fourth paragraph , subject to the provisions of this law.
No right to sickness benefit has the insured person who does not have an employer to whom he is entitled to pay as a result of illness, pregnancy or childbirth in the event of incapacity for work. Article 629 of Book 7 of the Civil Code or it is entitled to pay on the basis of Article 76a, first paragraph , of the Health Act and which is entitled to a benefit on the basis of Chapter 6 of the Law on Employment and Income to Work and in respect of whom the Implementing Institute workers ' insurances has set an abbreviated wait time as referred to in Article 23, 6th paragraph, of the Law of Work and Income to Labor .
Employees under this Law are insured.
By way of derogation from Article 20 for the purposes of the application of Chapter II and Chapter II of the second section, Article 64 , the employee is not considered insured to the extent that he is an employee as intended to Article 8a .
The Implementing Institute of Workers ' Insurance may provide further arrangements in the case of overlapping of insurance under this Law from more than one purpose.
1 The insured person is obliged, in the event of incapacity to work for sickness, to submit to a medical examination by a worker insurance undertaking, as often as is deemed necessary. The doctor may, on a doctor's charge until undergoing such studies, be included in the establishment designated by the doctor, and in general the prescriptions of the physician intended to permit the medical examination to be carried out follow.
2 Costs associated to an insured person's medical examination shall be reimbursed to him by the Implementing Institute for the insurance of employees. It is possible to regulate in this regard by the Implementing Institute employees ' insurances.
1 Except for the second paragraph, item (e), and Articles 29a , 29b and 29d no sickness benefit shall be paid if the insured person, by reason of the employment of employment, under which he is a member of the employment, is:
a. is entitled to pay as referred to in Article 629 of Book 7 of the Civil Code , or if the right to pay by application of the third, fifth, sixth or ninth member of that article either totally or partially missing;
(b) is entitled to pay as referred to in the Article 76a, first paragraph , or in the case of entitlement to that remuneration on the basis of: Article 76a, third or seventh member , or Article 76b, first, second or third members , missing in whole or in part.
2 The sickness benefit is payable on each day of incapacity to work, but not more than five days per calendar week, and not on Saturdays and Sundays. In the first calendar week, by way of derogation from the first sentence, the sickness benefit shall be paid in respect of Saturdays and Sundays, but not more than five days per calendar week, if the Saturday or Sunday is demonstrably a working day, It is understood that:
1 °. if the Saturday was demonstrably a working day, sickness benefit will be paid over the Saturday;
2 °. if the Saturday and Sunday were demonstrable working days, sickness benefit will be paid on Saturdays and Sundays;
3 °. if the Sunday provable would have been a working day, sickness benefit will take place over the Sunday.
The sickness benefit is paid to:
a. the insured person whose employment ratio is based on Article 4 or 5 is regarded as a service from the third day of incapacity to work;
b. The person whose claim is based on Article 46 , from the third day of incapacity to work;
c. the insured person of whom the provision of employment is: Article 3 , within the period of application under paragraph 5, shall end from the first day of incapacity to work after the end of the service, but not earlier than the third day of the incapacity to work;
d. The insured person who:
1 °. on the basis of Article 7 (a) , as an employee is considered, from the first day of the fourteenth week of incapacity to work or as much earlier as the benefit, referred to in that part, ends on the basis of Article 20, first paragraph, part a or b of the Unemployment Act ;
2 ° on the basis of Article 7 (b) , as an employed person, from the first day of incapacity to work;
e. the insured person who, because of organ donation, is unfit to perform his work, from the first day of incapacity to work;
f. the female insured, in accordance with Article 29a ;
g. the worker, intended in the Articles 29b and 29d .
3 As the first day of incapacity to work, the first working day on which sickness has not been employed or during working time has ceased. Under ministerial arrangements, detailed rules may be laid down and days on which the work would not be taken may be considered a working day.
4 No cash sickness benefit is paid on and after the day when the insured person is entitled to the pensionable age. Article 7a, first paragraph, of the General old-age law , reaches, where the first day of incapacity to work is situated before that age as well as over the period over which the insured person is in receipt of benefits under Article 3:7, 2nd paragraph , 3: 9 or 3:10, 2nd and 3rd member of Law Labor and Care is receiving.
5 No cash sickness benefit is paid after a period of 104 weeks of incapacity to work has elapsed from the first day of incapacity to work, it being understood that the period is six weeks if the first day of the period of incapacity for work has elapsed since the first day of incapacity for work. unfitness to work is located on or after the day that the insured person is the age, intended in Article 7 (a) of the General old-age law has been reached. For the purposes of determining the period referred to in the first sentence, periods of incapacity to work shall be aggregated if they follow each other with an interruption of less than four weeks, or if they immediately preceped and connect to a person period of benefit in connection with pregnancy or childbirth on the basis 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. In the cases where the second sentence is applied, the first two days of incapacity for work shall be the first two days of incapacity for work during the relevant period of 104 weeks, under the second paragraph of paragraph 2 (b). (c) no cash sickness benefit is paid, only once taken into account.
6 No cash sickness benefit is paid in so far as the insured person, referred to in paragraph 2 (e), Article 29a , Article 29b or Article 29d , by application of Article 629, third member, of Book 7 of the Civil Code have no right to pay or to be paid on the basis of Article 76b, second paragraph , there is no entitlement to pay.
7 The sickness benefit referred to in paragraph 2 (a) to (c) and (d), below 2 °, shall be 70% of the dagloon of the insured person. The sickness benefit referred to in paragraph 2 (d) (1) shall be determined in accordance with Article 47, first paragraph, part b, of the Unemployment Act , these are the provisions relating to daily wage, monthly wage and income of Article 1b of the Unemployment Act and the provisions based thereon mutatis mutandis. In this finding, Article 31, second paragraph , out of application, except that the pay is intended to be Article 30, second paragraph The term 'income' is defined as an income as referred to in Article 47 of the Unemployment Act.
8 The sickness benefit referred to in paragraph 2 (e) shall be drawn up on the dagloon.
9 The Workers ' Insurance Implementing Institute may lay down detailed rules for the second paragraph, part (e).
10 The period of 104 weeks referred to in paragraph 5 shall be extended by the period of the period which the implementing institution provides for worker insurance on the basis of: Article 26, 2nd paragraph, of the Law of Work and Income to Labor or Article 71b, third member, of the Disability Insurance Act identified.
11 The second paragraph, (a), (b) or (c) shall not apply where part e or g of that paragraph applies.
12 The second paragraph, part d, shall not apply where part e or f of that paragraph applies.
13 For the purposes of paragraph 2 (d) (1), periods of incapacity shall be aggregated if they follow each other with an interruption of less than four weeks or if they immediately preceme and join a period of time. of pregnancy or childbirth on the basis 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.
1 The female insured person, if, prior to the day on which she is entitled to benefit on the basis of Article 3:7, 1st paragraph , 3:8, 2nd Member , or 3:10, 1st member, of the Law Labor and Care Act It is unsuitable for work to be performed and that incapacity is due to sickness benefit in the pregnancy at the height of her day from the first day on which such incapacity is unsuitability.
2 The female insured person who in the period, in which she could have been entitled to benefit on the basis of Article 3:7, 1st paragraph , 3:8, 2nd Member , or 3:10, 1st member, of the Law Labor and Care Act but that payment has not yet been paid for, because of illness which is unsuitable for the performance of her work, he is entitled to sickness benefit at the height of her daily wage. This cash sickness benefit is paid from the first day of incapacity to work.
3 The insured person has no right to sickness benefit in respect of periods on which she is entitled to benefit under Article 3:7, 1st paragraph , 3:8, 1st Member , or 3:10, 1st member, of the Law Labor and Care Act Enjoy.
4 After entitlement to benefit under Article 3:7, 1st paragraph , 3:8, 3rd member , or 3:10, 1st member, of the Law Labor and Care Act the female insured person shall be entitled to sickness benefit if she is unfit to perform her work and who finds incapacity to be given birth or prior pregnancy. her daily dagloon, as long as it lasts, but not more than 104 consecutive weeks. This sickness benefit shall be paid from the first day following the end of the first sentence of the right to benefit.
5 Article 29 Paragraph 5 shall not apply in respect of the female insured who, under the second or fourth paragraph of this Article, is entitled to sickness benefit at the height of her daily life.
6 The Articles 29g and 30 continue to be excluded with respect to the female insured person who is entitled to sickness benefit under the first or second member.
1 The employee:
a. Those immediately prior to a serving as intended in Article 3 , 4 or 5 , entitled to a benefit on the basis of the Law employment and income to work ,
b. having been determined in an industrial study to be on the first day after the end of the waiting period, as referred to in Article 4 (1). 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. as well as on the first day of eleven 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 a period of five years from the date on which employment is to be paid by an employer,
(c) who has not reached the age of 18 years and who has experienced or experienced an obstacle to the following years in relation to sickness or lack of education and, within five years of the completion of that education, to work in employment carrying out, or
(d) who is not an employed person as referred to in paragraph 2 (a), is 18 years old or is or has been affected by illness or defect in the course of education and within five years of the completion of such an education; the provision of employment in the service of employment,
has been entitled to sickness benefit from the first day of his incapacity to work on periods of incapacity to work for sickness caught in the five years after the start of the service.
2 The worker:
a. Prior to his/her employment, for the purpose of Article 3 , 4 or 5 , had or had a disability benefit or labor support on the basis of the Law on incapacity for work of young handicapped persons ,
b. who has an employment contract concluded with an employer as referred to in Article 7 of the Social Employment Act ,
c. whose service is intended to Article 3 , 4 or 5 , has been caught before his right to disability benefits or labor support under the law. Law on incapacity for work of young handicapped persons arose, because that service was caught before he became eighteen years,
d. who immediately prior to his employment with an employer, other than an employer, as referred to in Article 7 of the Social Employment Act , a service related to: Article 2 of the Social Employment Act or a service related, which is designated on the basis of Article 38f, fifth paragraph, of the Social Insurance Financing Act or had an indication decision still in force on the basis of Article 11 of the Social Employment Act , as provided for by that Article as at 31 December 2014; or
e. which, prior to his/her employment, is intended to Article 3 , 4 or 5 that was caught on or after January 1, 2015, a person was in support of the labor-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 was being directed to a service, and who has been determined by the Implementing Institute worker insurance that he is not in a position to earn the minimum wage, Article 2 (c) of the Act of Participation ,
has been entitled to sickness benefit from the first day of his incapacity to work on periods of incapacity to work for sickness caught after the commencement of the service. The worker's entitlement to sickness benefit, as referred to in subparagraph (c), shall not be incurred earlier than his right to a disability benefit or employment support under the Law on incapacity for work of young handicapped persons . The worker's entitlement to sickness benefit, as provided for in subparagraph (e), shall end with effect from 1 January 2021.
3 The second paragraph, part (e), shall apply only to employed persons, to whom the service relates in the period from 1 January 2015 to 1 January 2021. The employed person referred to in paragraph 2 (d) and (e) shall not be subject to parts c and d.
4 The worker entitled to a benefit on the basis of the Law employment and income to work and in respect of whom a service is intended to Article 3 , 4 or 5 The employer shall continue to work for sickness benefit from the first day of his incapacity to work on periods of incapacity to work for sickness caught in the five years following the date of the adoption of that right after the adoption of that right. determination of entitlement to benefit.
5 The sickness benefit, as referred to in the first, second and fourth members, is 70% of the insured person's daily wage.
6 By way of derogation from the fifth paragraph, sickness benefit during the period of 52 weeks from the first day of incapacity for work of the worker, is to be found in the Article 3 , at the employer's request, on the dagloon, except that the sickness benefit may not exceed the worker's entitlement to the salary which the employer would have due if no sickness benefit would have been deducted from it. shall be taken If on the basis of Article 629 of Book 7 of the Civil Code on the first two days of the period, referred to in the first sentence, does not have a right to pay, by way of derogation from the first sentence, the sickness benefit shall be paid in respect of each of these days to the amount of the sickness benefit on the day immediately following the two days of the period days. For the purpose of determining the 52-week period, the second and third sentences of the Article 29, fifth paragraph , mutatis mutandis.
7 If the employee, referred to in the second paragraph, is employed on a contract of employment as referred to in Article 1 (2). Article 7 of the Social Employment Act , the dagloon, referred to in the fifth and sixth paragraphs, shall be reduced by the amount of subsidy provided to the employer by working days, as referred to in Article 4 (2). Article 7 of the Social Employment Act .
8 This Article shall not apply if the employee is employed in a provision of services Article 2 of the Social Employment Act .
9 By ministerial arrangement rules may be laid down in respect of the second member.
10 The Execution Institute shall provide employee insurance at the request of the employee or the person who expects to engage in employment with an employer, a statement or the applicant in the opinion of the Implementing Institute workers ' insurance fulfils the conditions for the application of the first paragraph, part c or d.
11 The provisions of the second and third paragraphs of paragraph 2 shall apply mutatis mutandis to a labour limit as specified in:
a. Article 38b, first paragraph, part d, of the Social Insurance Financing Act ;
b. Article 38b, 2nd paragraph, of the Social Insurance Financing Act after the quota levy on the basis of Article 122n, first paragraph, of that law has been activated for the employer in question.
If in relation to an employee as intended in the Articles 29b and 90 of this law at the start of the service it is determined that he suffers from a disease or a defect which makes that he does so within the Article 29b, first and fourth paragraphs The period of five years after the commencement of employment and after the establishment of the right to benefit has a substantially increased risk of serious health complaints, shall be that period of five years before the end of the period of five years before the end of the term of office. or, if at that time, the disease or lack of risk of serious health complaints in the opinion of the Implementing Institution still exists.
1 The worker who was born before 8 July 1954 and immediately preceding a service as referred to in Article 1 (2). Article 3 , 4 or 5 has been entitled to a benefit under at least 52 weeks of entitlement to benefit Chapter II of the Unemployment Act , from the first day of his incapacity to work for sickness benefit, has been entitled to sickness benefit from periods of incapacity to work for sickness caught in the five years after the commencement of his employment. For the determination of periods of incapacity to work due to illness Article 29, fifth paragraph, second and third sentences , mutatis mutandis. The payment of the sickness benefit, referred to in the first sentence, does not take place earlier than the first day of the fourteenth week of the incapacity to work.
2 The sickness benefit, referred to in paragraph 1, is 70% of the worker's daily wage.
3 By way of derogation from the second paragraph, sickness benefit shall be paid during the period of 52 weeks from the first day of incapacity to work for the purpose of sickness of the worker, as provided for in Article 4 (2). Article 3 , at the employer's request, on the dagloon, except that the sickness benefit may not exceed the worker's entitlement to the salary which the employer would have due if no sickness benefit would have been deducted from it. shall be taken
4 This Article shall not apply if the employee is employed in a provision of services Article 2 or 7 of the Social Employment Act .
5 For the purpose of determining the 52-week period referred to in paragraph 1, interruptions to the right to benefit under the Unemployment law less than four weeks equivalent to periods in which the worker was entitled to a benefit under the Unemployment law .
1 By way of derogation from the Articles 29, seventh and eighth paragraph , 29a, first, second and fourth members , 29b, fifth member , and 29d, second member The sickness benefit of the insured person who is not an employer to whom he is entitled, in the event of incapacity to work, for sickness, maternity or childbirth, is entitled to pay as intended for the purpose of sickness, maternity or maternity. Article 629 of Book 7 of the Civil Code or it is entitled to pay on the basis of Article 76a, first paragraph , of the Disease Act:
a. For a period of three months, 70% of the dagloon;
b. After the end of the period referred to in subparagraph (a), 0,7 * (M-I), where M stands for the minimum wage or the daily wage in case the minimum wage is higher than the daily wage of the day and I for income.
2 The period referred to in paragraph 1 (a) shall be extended by one month for each whole calendar year, which exceeds the period of time of three calendar years.
3 The length of the extended period referred to in paragraph 2 shall be reduced by:
a. the periods during which the insured person received sickness benefit during the extended period during an earlier entitlement to sickness benefit;
b. the duration of the wage-related benefit received under the Unemployment Act, if the insured person who is on the basis of Article 7 was considered insured immediately prior to the day on which the right to a benefit under the Unemployment law :
1. was terminated for the purpose of engaging in employment on the first day of incapacity to work, if he had not been entitled to sickness benefit on that date;
2 °. ended for receipt of benefit on the basis of Chapter 3, Section 2, Section 1, of the Law of Work and Care Immediately prior to the first day of incapacity to work enjoyed this last benefit.
4 The duration of the period during which the sickness benefit under paragraph 1 (a) and (b) is equal to 70% of the daily wage is reduced by the period of the day until the first day of receipt of sickness benefit, the wage-related costs of sickness benefit paid to the sickness benefit. Allowance based on the Unemployment law , if the insured person for the application of this law on the basis of the Article 7 as insured was deemed immediately prior to the first day of the incapacity to work.
5 By way of derogation from the fourth paragraph, the period during which the sickness benefit is given under paragraph 1 (a) shall be at least three months, if the insured person receives sickness benefit on the basis of a special condition of the sickness insurance institution. Article 29, second paragraph, part e , or Article 29a .
6 Article 31, second paragraph , after the end of the period referred to in subparagraph (a) and (2), shall not apply.
7 For determining the period of three months referred to in paragraph 1, periods of incapacity shall be aggregated if they follow each other with an interruption of less than four weeks, or if they immediately preceme and join the a period of benefit in connection with pregnancy or childbirth on the basis 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 In the case of a general measure of management, the term 'income' referred to in paragraph 1 (b) shall be defined as the term 'item'. It may also provide that any income to be determined shall be taken into account, in part, not or no longer as a result of changed circumstances or any act or omission from the person concerned, as if it were is enjoyed.
1 The working past, referred to in Article 29e , is calculated by aggregation of:
a. the number of calendar years, situated in the period from and including 1998 to the calendar year preceding the calendar year in which the day at which the entitlement to sickness benefit under this law arose, on which the worker is entitled to to have received an annual salary of 52 or more days per year; and
b. the number of calendar years from and including the year in which the employee reached his 18th birthday until 1998.
2 A calendar year shall be taken into account in the calculation referred to in paragraph 1 (a) if, according to the information referred to in Article 33d of the Law structure, work and income structure, the worker in that year over 52 or received more days ' pay.
3 For the purposes of application of paragraph 1 (a), the following shall be treated in the same way with days on which earnings have been received:
(a) days where entitlement to benefits corresponding to the nature and scope of benefit has been payable on the basis of the benefits of the Incapacity for work insurance or with a benefit based on the Law employment and income to work to the extent that this benefit is granted to incapacity for work of at least 80%, respectively, for periods in which the insured person is only able to earn a maximum of 20% of the standard hourly earnings by employment;
b. days on which a person receives a benefit on the basis of Chapter III of the Military Incapacity Facility , calculated on the basis of a incapacity for work of at least 80% or of an allowance under that chapter, whether or not increased by the incapacity for incapacity for work is 70% or more of the dagloon, to which the benefit of the incapacity for work is or would have been calculated.
4 For the purposes of paragraph 1 (a), any calendar years in which a person is entitled to family allowances on the basis of Article 7 of the General Child Allowances Law or any other family benefit as referred to in Article 3 (1) of Regulation (EC) No 1408/71, 883/2004 on the coordination of social security systems (PbEU L166) for a child belonging to his household that has not reached the age of five years at the beginning of that calendar year equated to half as calendar years which is received in respect of 52 or more days of pay. The person referred to in the first sentence shall be regarded as a 'caring person'.
5 By way of derogation from the fourth paragraph, between the period until 1 January 2005, in which a person is entitled to child benefit on the basis of Article 7 of the General Child Allowances Law or any other family benefit as referred to in Article 3 (1) of Regulation (EC) No 1408/71, 883/2004 on the coordination of social security systems (PbEU L166) for a child belonging to his household that has not reached the age of five years at the start of that calendar year, equated to, and such calendar years for the period from 1 January 2005 to 1 January 2007 for three quarters as, calendar years in which earnings have been received in respect of 52 days or more.
6 For the purposes of the first paragraph, subparagraph (a), not already considered calendar years from and including a calendar year to be determined by ministerial arrangement, in which a person receives income for the provision of On the basis of a personal budget scheme, based on the Article 44, first paragraph, part b of the General Law on Special Sickness Benefits or to Article 5, first paragraph, of the Social Support Act , whether it meets the requirements of Article 14a of the Zorginsurance Act , equated to half as calendar years in which wages have been received in respect of 52 days or more, unless he receives this income from labour as referred to in Article 4 (1). Article 6, first paragraph, part e -Of the Law of Disease Control. The first sentence shall apply only where the person referred to in the first sentence demonstrates that such provision of care fulfils these conditions or has satisfied it. That person is considered to be a nursing person. Detailed rules for the implementation of this paragraph may be laid down by Ministerial Regulations.
7 The fourth, fifth and sixth paragraphs do not apply where the nursing person is entitled to benefits for more than half a year as an employee within the meaning of a statutory scheme of unemployment for a period of more than half a year. relating to unemployment or to pay-related benefits under Chapter 7 of this Act.
8 For the purposes of applying the fourth and fifth paragraphs, the following shall be added:
a. 'Child' means a child of his own, taken to a child, or foster child;
b. "a foster child" means a child who is maintained and raised as a child of their own.
For the purposes of application of paragraph 1 (a), for days up to eighteen months of leave, on which the worker has received unpaid leave, shall be treated in the same way as for days on which earnings have been received.
10 For the purposes of this Article, a benefit shall not be regarded as pay:
a. On the basis of the Unemployment law , with the exception of a benefit on the basis of Chapter IV of that Act ;
b. on the basis of Chapter 7 of the Law on Employment and Income to Work , with the exception of a benefit to the person who is only able to earn a maximum of 20% of the standard hourly income by work,
c. on the basis of the Incapacity for work insurance , calculated according to an incapacity for work of less than 80%; or
(d) which, by its nature and scope, corresponds to a benefit specified in subparagraphs (a), (b) or (c).
11 In the case of a general measure of management, rules may be laid down:
a. to determine the number of days of receipt of pay referred to in subparagraph (a) and (2) of the first paragraph;
(b) on the basis of which, for the purpose of determining the number of 52 days referred to in paragraph 1 (a) and (2), other than those referred to in the ninth paragraph, no pay is received, shall be treated in the same way as for days on which earnings have been paid. received.
1 The insured person receiving sickness benefit is obliged to seek, to a sufficient extent, the possibility of maintaining or obtaining adequate employment.
(2) In order to comply with the obligation referred to in paragraph 1, the insured person shall, in any event, be obliged to:
a. Medical treatment or instructions from a doctor if the Implementing Institute gives employment insurance or the re-integration undertaking, under contract of the Implementing Institute, worker insurance, to that end. and do not hamper his healing;
b. to cooperate in activities or activities aimed at the occupational integration of workers, which the Implementing Institute considers desirable to ensure the provision of adequate employment;
(c) work towards the adaptation of the place of work and personal provisions which the implementing institute provides for the provision of workers ' assurances for the purpose of obtaining the right to perform appropriate work and, where necessary, seek to adjustment and to obtain those provisions;
d. to cooperate in drawing up the plan of approach, intended in Article 26, 1st paragraph, of the Law of Work and Income to Labor , and the re-integration plan, referred to in Article 30a, 6th paragraph, of the Act implementing organisation work and income ;
e. comply with the obligations set out in the plan of approach and the re-integration plan referred to in paragraph (d).
1 The sick worker is obliged to:
to perform appropriate work if he is given the opportunity to do so;
(b) to seek adequate employment to a sufficient extent; and
(c) not to impose requirements relating to work to be performed by him which obstructs the acceptance or acquisition of appropriate employment.
2 Refuses the person who is entitled to sickness benefits without proper ground to perform the work referred to in paragraph 1, the wages which he would have received if he had done that employment shall be regarded as income as if he had been paid. Intended in Article 31, first paragraph .
3 The Implementing Institute shall require the worker referred to in paragraph 1 to register as a person seeking work and to extend such registration in due time, if he/she is entitled to do so by reason of the fact that he/she is entitled to work. Article 30b of the Act structure implementing organisation work and income .
4 The Implementing Institute shall give rules for workers ' insurance and the expert designated by it to whom sickness benefit has been granted in the interest of treatment or of healing, or in so far as it derives from the task, intended Article 30 of the Act implementing organisation work and income , to preserve, restore and promote the ability to perform work.
5 Under appropriate work as referred to in paragraph 1, during the first six months of entitlement to sickness benefit, the term 'work' means work which is consistent with the work from which the worker has become ill. After this six-month period, all the work calculated for the workers ' strengths and abilities is appropriate, unless acceptance for reasons of physical, mental or social nature cannot be required of him. Employment is not considered to be appropriate on the basis of a service referred to in Chapter 2 of the Social Employment or Labour Act on the basis of which one does not qualify as an employee within the meaning of the Unemployment Act. In the case of, or under general management, detailed rules on the concept of appropriate work shall be laid down, including the method of determining whether employment is consistent with the work from which the worker has become ill, and where a period of entitlement to benefit is given on the basis of the Unemployment law exists, is included in the definition of the period specified in the first sentence.
1 In the case of a general measure of administration, detailed rules may be laid down regarding the Articles 29g and 30, first and second members .
2 By ministerial arrangement rules may be laid down whereby certain groups of workers are exempt from obligations, their Articles 29g and 30, first paragraph -It's imposed.
3 In the case of, or under general management, rules may be imposed on the basis of which, in individual cases, workers may be granted a temporary exemption from their obligations under the conditions of Article 30, first paragraph -It's imposed.
1 Without prejudice to any revision or withdrawal of a decision to grant sickness benefit and a refusal of sickness benefit, the Implementing Institute shall review, without prejudice to the provisions of this Act, such a decision, or Draws that in:
a. if it is not or is not properly fulfilling a liability under Article 30 , 31 , 38 , 45 or 49 has led to an undue payment of cash sickness benefit or an excessive amount of cash;
(b) if otherwise the sickness benefit has been unduly paid or has been paid up to an excess amount;
c. if not properly fulfilling an obligation on the basis of: Article 28 , 31 , 45 or 49 leads to a failure to establish whether entitlement to sickness benefit is still available.
2 The Employee Insurance Implementing Institute may waive review or revocation in whole or in part if there are compelling reasons to do so.
1 The withdrawal or reduction of a benefit resulting from the objection or appeal brought by the employer shall not take place earlier than the day following that on which the decision on objection has been published or the judgment has been delivered. The first sentence shall apply mutatis mutandis in the event of revocation of the objection or appeal, since the Implementing Institute has been wholly or partly satisfied with the employer's objection or appeal.
2 The first paragraph shall not apply if the payment by the person's own fault or from the employee has been wrongly or to an overdetermined amount.
1 The insured person who is entitled to sickness benefit and is also entitled to income is obliged to do so before the benefit of sickness benefit, in a way to be notified by the Implementing Institute for the insurance of workers in his rules.
2 To the sickness benefit, the following shall be deducted:
p/100 x A x B/C where:
p stands for the percentage of the daily wage that the insured person receives as sickness benefit;
A stands for income;
B stands for the dagloon to which the incapacity benefit has been calculated;
C stands for the dagloon to which the incapacity benefit would have been calculated if that were not to be capped at the Article 17, first paragraph, of the Social Insurance Financing Act the amount referred to in respect of a wage period of a day.
3 In the case of a general measure of management, the term 'income' referred to in this Article shall be defined. It may also provide that any income to be determined shall be taken into account, in part, not or no longer as a result of changed circumstances or any act or omission from the person concerned, as if it were is enjoyed.
1 The sickness benefit, which is the result of a decision as intended Article 30, second paragraph , 30a or 45 has been paid unduly, and otherwise unduly paid, the Implementing Institute shall recover employee insurance.
2 The sickness benefit due to the employer is recovered from the employer's employer's insurance programme if the employer is required to pay the sickness benefit on the basis of the employer's employer's insurance policy. Article 629, Fifth paragraph, of Book 7 of the Civil Code has been able to deduct the pay.
3 By way of derogation from paragraph 1, the Implementing Institute may waive recovery or further recovery decisions where the person from whom shall be recovered:
(a) has been fully committed for a period of five years;
(b) for a period of five years not fully committed to his payment, but the outstanding amount over that period, plus any legal interest due thereon and the costs relating to recovery, has paid;
c. has not made any payments for five years and is not likely to engage in it at any time; or
d. An amount, corresponding to at least 50% of the residual sum redeemed at one time.
4 The period referred to in paragraphs (a), (b) and (c) of paragraph 3 shall be 10 years if the recovery is due to the failure to comply or not properly of the obligation referred to in the first subparagraph of Article 4 (1) of the Treaty. Articles 31, 1st paragraph , or 49 .
5 The period referred to in paragraph 3 (a) and (b) shall be three years if:
a. the average income of the person concerned during that period, the attachment of the ground of the goods in the articles 475c and 475d of the Code of Civil Procedure has not been exceeded; and
b. Recovery is not the result of failure or failure to properly discharge the obligation, referred to in Article 49 .
6 If there are compelling reasons for doing so, the Implementing Institute may decide to waive recovery of all or part of the recovery.
7 The person from whom recovery is to be recovered shall provide, upon request, the information to be supplied to the Insurance Institution for the purpose of recovery of the information necessary for the recovery of the goods.
8 By way of derogation from paragraph 1, the Implementing Institute may, under the conditions which our Minister may state, decide to waive recovery if the amount to be recovered is a matter to be determined by Our Minister. amount not exceeding.
1 The Implementing Institute workers ' insurance may pay the unduly paid benefit, as referred to in Article 33, first and second paragraphs ...........
2 Article 45g shall apply mutatis mutandis, except that if the average income of the party concerned is intended for three years the attachment of the property in the Articles 475c and 475d of the Code of Civil Procedure It has not been exceeded, the Implementing Institute for Workers ' Insurance to reduce the amount of redemption.
A ministerial arrangement may lay down rules on the method of implementation of the decision finding that the payment of the payment is not due.
1 By way of derogation from Article 33, first paragraph , the Implementing Institute may, at the request of the employee, decide to waive recovery or part of the recovery, in part from recovery, in the case of cooperation with a debt scheme, where:
a. It is reasonable to foresee that the employee will not be able to continue to pay his debts or if he is in the condition that he has ceased to pay;
b. It is reasonable to foresee that, subject to the claims referred to in paragraph 2, a debt settlement of the other creditors will not be established without such a decision;
c. A reliable proposal for a debt arrangement has been established through the intervention of a debt aid worker as referred to in the Staff Regulations, in the opinion of the Implementing Institute for the purpose of establishing the Article 48 of the Consumer Credit Act ;
d. It is likely that cooperation in a debt scheme does not distort competition; and
e. division under the debt settlement shall be carried out in accordance with Article 349 of the Bankruptcy Act .
2 The first paragraph shall not apply if a claim arose from the failure to comply with the employee of the obligation, intended to Article 31 , and for this a fine as intended in Article 45a has been imposed or has been declared on the basis of the failure to comply with that obligation Penal code .
3 The decision to refrain from recovery or recovery shall be withdrawn or modified to the detriment of the worker if:
(a) a system of debt which meets the requirements of the first paragraph not within 12 months of publication of that decision;
b. the employee does not comply with his debt to the Employee Insurance Implementing Institute in accordance with the debt scheme; or
c. incorrect or incomplete information has been provided and the provision of correct or complete data would have led to a different decision.
4 By ministerial arrangement, detailed rules may be laid down in respect of this Article as to the power to cooperate in debt arrangements.
A claim by the Implementing Institute Workers ' Insurance as referred to in the Articles 33 and 34 is privileged and follows immediately after the claims, intended in 288 of Book 3 of the Civil Code .
1 After the death of the person to whom sickness benefit has been granted, sickness benefit in the form of a death allowance shall be paid as from the day following the death:
a. to the long-living of the spouses;
b. in the absence of the component A Person referred to, the minor children to whom the deceased person was in family law;
c. in the absence of any of the components A and B Persons referred to, to those with whom the deceased was living in a family context.
2 The death allowance shall be equal to the amount of the sickness benefit in respect of one month but not on Saturdays and Sundays, calculated according to the amount of that sickness benefit on the day or the last for the day of death of the person to whom the sickness benefit is paid. was assigned.
3 In connection with the death of the person to whom sickness benefit has been granted, Article 29 Fourth paragraph, not applicable.
4 The death allowance shall be paid by the Implementing Institution, of its own motion or upon request to the rightholder or right-holders in the first paragraph.
5 The death allowance is paid in a lump sum.
6 The amount of death allowance is reduced by the amount of sickness benefit which has already been paid out over the days of death.
7 The death allowance is not subject to seizure.
1 In cases where, on the day of the death of the insured person or of the insured person, sickness benefit was not yet granted because the death was not preceded by a period of incapacity for work; or Article 29, second paragraph, part d, below 1 ° , where applicable, the payout referred to in Article 35, first paragraph , to find place, as if he was granted sickness benefit from the day following the death.
2 For the purposes of applying the first paragraph, the person who has been insured shall be the person who, if he had not died, but became unfit for work, had been able to obtain sickness benefit from sickness benefit. Article 46 .
1 The Implementing Institute of Workers ' Insurance shall have the power to ensure that they are unfit to perform their work because of sickness and to question them at the place, day and hour, by determining him.
2 Allowances and, if their condition is required, their conductors, travel expenses, subsistence expenses and loss of time shall be reimbursed in the cases and in accordance with rules by the Implementing Institute for the provision of employees ' insurances.
1 The employer of the insured person who, in the event of incapacity to work, is entitled to pay for his or her illness as referred to in Article 4 (2). Article 629 of Book 7 of the Civil Code or it is entitled to pay on the basis of Article 76a, first paragraph , at the latest on the first day after the incapacity of the worker has taken 42 weeks, shall make a declaration of such unsuitability to the Implementing Institute for the insurance of workers. In doing so, the employer shall give up the first day of the incapacity to work. For the purposes of determining the 42-week period, periods of incapacity to work shall be aggregated if they follow each other with a break of less than four weeks or if they immediately preceme and join a period in which they are maternity benefit due to pregnancy or childbirth Article 3:7, 1st paragraph, of the Law of Work and Care be enjoyed, unless the unsuitability cannot reasonably be assumed to result from the same cause. During the period of 42 weeks, periods during which sickness or maternity benefit must be given on the basis of Article 3:7, 1st paragraph, of the Law of Work and Care is enjoyed, out of consideration.
2 Without prejudice to paragraph 1, the employer of the insured person shall, Article 29 (c), second paragraph , declaration of incapacity to work of that insured person to the Employee Insurance Implementing Institute, on the last working day before the end of the service. If between the first day of incapacity to work and the last working day, referred to in the first sentence, is situated at least six weeks, the employer, who is not a self-employed person, shall, in consultation with the worker, at the latest on that last working day a reintegration report and provide the employer with a copy of the reintegration report to the employee. At the latter's request, the employee shall provide the reintegration report to the Employee Insurance Implementation Institute. The Implementing Institute shall assess workers ' insurance and assess whether the employer and the employee may reasonably have been involved in the reintegration efforts, which have been carried out.
3 The Implementing Institute shall impose an administrative fine of up to € 455 if the employer has failed to fulfil its obligations under the first paragraph, or in the first sentence of the second paragraph. The Articles 45a, eighth to eleventh member , and 45g, fourth member , shall apply mutatis mutandis.
4 This article, with the exception of the second, third and fourth sentences of the second paragraph and of the sixth and seventh paragraphs, shall not apply to the insured person, who is entitled to cash sickness benefits on the basis of Article 29, second paragraph, part e, f or g -and the insured person's employer. For the purposes of applying the sixth and seventh paragraphs, the words "the assessment referred to in paragraph 2" shall read "the assessment referred to in the fourth sentence of the second paragraph".
5 In the case of ministerial arrangements, detailed rules may be laid down regarding the declaration of the incapacity to work referred to in paragraph 1 and in relation to the second paragraph.
6 If, when handling the declaration referred to in paragraph 2, the employer proves that his obligation to draw up a reintegration report has not been fulfilled or has not been fully complied with, the Implementing Institute shall inform the Commission of its obligations to the Employer shall set a time limit within which the reintegration report shall be provided or supplemented.
7 If, when handling the declaration referred to in paragraph 2, the employee has failed to fulfil his obligation to provide the reintegration report to the Employee Insurance Implementation Institute, or has not been fully discharged, the Implementing Institute shall provide employee insurance to the employee with a period within which the reintegration report shall be supplemented by supplementing it.
8 If application to short wait time as referred to in Article 23, 6th paragraph, of the Law of Work and Income to Labor -or a request for an extension of the period in which an insured person is entitled to pay or salary for his employer Article 24, first paragraph, of the Law on Work and Income to Work The application shall be deemed to be a declaration on the basis of paragraph 1 without a declaration made on the basis of paragraph 1 of this Regulation.
1 The insured person who has an employer as intended in the First section, paragraph 3 , and that entitlement to sickness benefit is in the event of incapacity to work because of sickness that it is obliged to report to his employer on the second day of that incapacity.
2 The employer shall report no later than the fourth day:
(a) where the insured person is unfit to perform his work, after receipt of the notification provided for in paragraph 1, to the 'Employee Insurance Implementation Institute', the first working day on which the insured person was subject to sickness insurance; is unfit for employment; or
b. from the day when the female employee could have been entitled to a benefit on the basis of Article 3:7, 1st paragraph , 3:8, 2nd Member , or 3:10, 1st member, of the Law Labor and Care Act but that benefit has not yet been awarded to the Workers ' Insurance Implementing Institute, the first working day on which the insured person is unfit for employment because of illness.
3 By way of derogation from paragraph 2 (a), the employer shall report the first working day on which the insured person is unfit to work, at the latest on the first day after a period of six weeks from that first working day, if the person concerned is not insured person is entitled to sickness benefit on the basis of Article 29, second paragraph, part e , Article 29a, first paragraph , or Article 29b . By way of derogation from the preceding sentence, the employer shall report the first working day on which the insured person is unfit to perform his employment on the last day of the service, if the period of employment of the person concerned is intended to be used in the period previous sentence, ends.
4 If, after a sickness notice as referred to in paragraph 1, the insured person is suitable for his employment, he shall report to the employer no later than the second day of such fitness the first day on which he is fit to return to the employer. to perform his work.
5 The employer shall report to the Implementing Institute workers ' insurance at the latest on the second day following the notification by the insured person, the first day on which the insured person is fit to return to the Convention, on receipt of the notification referred to in paragraph 4 of this Article. the performance of his work.
6 By way of derogation from the fifth paragraph, where the insured person is entitled to sickness benefit on the basis of Article 29, second paragraph, part e , Article 29a, first paragraph , or Article 29b , the first working day on which the insured person is fit to perform his work no earlier than the sickness report referred to in the third paragraph.
7 If the insured person by application of Article 629, third member, of Book 7 of the Civil Code have no right to pay or to be paid on the basis of Article 76b, second paragraph , no entitlement to pay, the employer shall report it to the Employee Insurance Implementation Institute.
8 The Implementing Institute shall impose an administrative fine of up to € 455 if the employer has failed to comply with the obligation laid down in the second, third, fifth, sixth or seventh member of the employer. The Articles 45a, eighth to eleventh member , and 45g, fourth member , shall apply mutatis mutandis.
9 If the employer fails to make the notification referred to in the second or third paragraph in time, the Implementing Institute shall grant the sickness insurance benefit to sickness benefit retroactively over the period which has elapsed, but not more than one year.
1 If the insured person who claims sickness benefit does not have an employer as intended in the First section, paragraph 3 , in the event of incapacity to work, it shall be obliged to report to the Employment Insurance Institution on the second day of that incapacity for sickness.
2 If, after a sickness notice as referred to in paragraph 1, the insured person is suitable for his employment, he shall report to the Implementing Institute workers ' insurances at the latest on the second day of such fitness, the first day of the day of which the insured person is responsible for the performance of his or her work. he is again capable of carrying out his work.
1 Upon request, the employee informs his employer of his possible claim to sickness benefit on the basis of Article 29b or 29d . The first sentence shall not apply during the first two months after the commencement of employment.
2 If the employer refers to the notification, Article 38a, second or third paragraph -not within the period specified in those paragraphs has been made by the fact that it was not clear that the employee is entitled to cash sickness benefit on the basis of Article 29a or 29b , the employer shall report the first working day on which that worker is unfit to work as soon as possible, but in any event not later than the fourth day after the date on which it can reasonably be made clear to him. that the employee is entitled to cash sickness benefit under Article 29a or 29b. The Implementing Institute shall, but not more than one year, have retroactive effect on the workers ' insurance programme than the sickness benefit for the period elapsed.
3 By way of derogation from Article 38a, second paragraph , notify the employer, if a possible claim based on Article 29d no later than the fourth day after the expiry of 13 weeks of incapacity for work on account of the worker's illness, it shall be the first working day on which the worker is responsible for the provision of workers ' insurance for the purposes of this the disease is unfit for work.
4 Article 38a, eighth paragraph , mutatis mutandis, shall be applied to the notification referred to in paragraphs 2 and 3.
1 The Implementing Institute shall provide employee insurance in the case of insured persons under whom Article 38, second paragraph or 38a a disease declaration or a health notice received, a check on the existence of incapacity for work due to sickness and he/she assesses the incapacity or the employer's task in respect of sickness and/or the employer's work. Failure to provide an adequate exercise of absentelaw.
The Implementing Institute shall lay down rules of control for the purpose of carrying out checks on the existence of incapacity to work, which may differ in respect of one or more groups of workers.
3 The Staff Insurance Implementing Institute shall be empowered to communicate its audit findings to the employer to whom the worker subject to the audit is in service. It shall inform the employer of his or her request, or a specific employee of employment, in accordance with the information available to the Implementing Institute for the provision of employee insurance to the employment of his employment.
4 The Employee Insurance Implementation Institute proposes the percentage of the size income that the insured person can earn. Article 19aa , fixed, and check that the insured person referred to in Article 19aa, first paragraph, is entitled to sickness benefit.
1 If in the case of handling of the declaration or assessment, Article 38, second paragraph , it is clear that the employer without proper ground makes his or her obligations under the second sentence of that paragraph, or Article 71a, 1st, 2nd, or Fifth paragraph, of the Disability Insurance Act Or the Seventh member of that Article rules or on the basis of Article 25, first, second, or fifth paragraph, of the Law of Work and Income to Labor or the rules laid down pursuant to paragraph 7 of that Article, failure or failure to comply fully or with insufficient reintegration efforts, the Implementing Institute shall obtain from that employer employees ' insurance the sickness benefit, as well as contributions payable under any law relating to the benefit which cannot be deducted from this benefit and the income-related contribution, as specified in the Article 42 of the Zorginsurance Act , which will be paid on a period to be determined by the Workers ' Insurance Implementing Institute. This period shall begin on the first day of incapacity to work after the period of employment has ended and shall be adjusted to the period during which the employer has failed to fulfil the obligations or rules referred to in the preceding sentence or to be insufficient reintegration efforts. The period shall not exceed 52 weeks. If, within the period fixed by the implementing institute, the worker's insurance institution, a period of incapacity to work is interrupted for a period of four weeks or more by means of fitness to work, the sickness benefit shall be the period of unfitness to work which is situated after four weeks or more weeks, not recovered from the employer, referred to in the first sentence. The Implementing Institute of Workers ' Insurance shall lay down rules for determining the period referred to in the second sentence. These rules need the approval of our Minister.
2 If the employer does not exist in the first paragraph, for the purposes of applying the first member of the employer, the employer shall be the legal successor of that employer. The first sentence does not apply with regard to the post-bankruptcy legal successor.
3 The Implementing Institute workers ' insurance may recover the amounts referred to in paragraph 1 in the case of a compulsory order.
4 In the case of ministerial arrangements, detailed rules may be laid down.
1 A decision to cover benefits, premiums and reimbursement as referred to in Article 39a, first paragraph No longer shall be given if more than five years have elapsed since the end of the calendar year in which they have been paid or paid off.
2 Benefits, premiums and fees which have not been recovered within ten years of giving the order to cover the claim shall no longer be recovered.
3 The legal claim for the repayment of an unchargeable amount in respect of the story of benefit, contributions and reimbursement shall be subject to a limitation period of five years since the end of the calendar year in which the order is to be published given.
The claim of the Implementing Institute Workers ' Insurance for the purpose of the story Article 39a, first paragraph , is privileged on all goods of the employer and goes above all other privileges except those of the Articles 287 and 288 under a , as well as that of Article 284 of Book 3 of the Civil Code .
1 If the person to whom sickness benefit has been granted entitlement to the provision or reimbursement of care as referred to in the Long-term care law and under that law a contribution to such care is payable, the Implementing Institute shall be responsible for providing workers with the right to receive the sickness benefit up to the amount of that contribution, rather than to the person to whom the sickness benefit has been granted, without the benefit of the person who authorisation to be granted to the Netherlands Zorginstitute in the Netherlands Article 58, first paragraph, of the Zorginsurance Act .
2 If the person entitled to sickness benefit is included in an establishment for the care of the mentally ill or of the mentally retarded and the implementing institute of workers ' insurance, of the relevant establishment or of the college of mayor. and aldermen of the municipality which pays the recording costs, receives the request to pay the sickness benefit to that establishment or to that municipality, the implementing institute shall be responsible for providing workers with responsibility for that application without the use of any other conditions to be fulfilled.
(3) Where the first paragraph is applied, the jurisdiction referred to in paragraph 2 shall cover the part of the sickness benefit, which shall not be paid to the Netherlands Zorginstitute.
4 A review of the payment under the first paragraph as a result of a change in the fee due shall be made without the decision being adopted by decision.
1 The implementing institute workers ' insurances shall suspend payment of the sickness benefit if the person to whom sickness benefit is granted is a foreigner who does not lawfully stay in the Netherlands as intended for the purposes of sickness insurance. Article 8 of the Aliens Act 2000 .
2 The payment of sickness benefit shall be resumed if the person concerned submits an application for that purpose and the Insurance Institute for Workers ' Insurance has shown that he actually resides or is resident outside the Netherlands.
1 Is an address in the Netherlands known from the claimant's or recipient of sickness benefit to the Workers ' Insurance Implementation Institute, whereas in the basic registration persons are automatically admitted to an unknown country of the Implementing Institute shall request employee insurance to allow him to reverse the different registration in the basic registration persons within a reasonable period of time.
If at the end of that period, the different registration has not been terminated or if the basic registration does not show that the college of the mayor and the mayor of the municipality concerned is to examine the information relating to the address in question The Implementing Institute shall suspend the payment of the sickness benefit to the person, to whom the sickness benefit has been granted, the payment of the cash sickness benefit.
3 The suspension shall be terminated as soon as it has been established that the person referred to in the second paragraph is resident or staying abroad or that an address in the Netherlands has been included in the basic registration.
4 If the examination of the College of Mayor and of the Mayor has been completed and the person referred to in paragraph 2, in the basic registration of persons, remains of its own motion with information on the departure from the Netherlands, it shall be reduced Implementing institute workers ' insurance funds the payment of sickness benefit to stay abroad can be established or an address in the Netherlands is included in the basic registration persons.
The insured person, to whom a waiver has been granted for reasons of peace of mind as intended Article 64 of the Social Insurance Financing Act has been granted, no cash sickness benefit is allowed.
1 The Implementing Institute of Workers ' Insurance shall refuse, on a temporary or permanent basis, all or part of the cash sickness benefit:
a. If the insured person does not seek medical assistance within a reasonable period of time and does not continue to be subject to treatment throughout the course of the disease or if he does not follow the prescriptions of the treating physician;
b. if the insured person is guilty of conduct during the incapacity to work, thereby hindering his recovery or failing to work sufficiently to obtain adaptation to his or her illness or defect;
c. if the insured person fails to comply with a request without proper ground, under this law, done by the Implementing Institute for the insurance of employees to appear or if the medical examination by a person concerned by a Employers ' insurance implementing institute may not take place designated expert by the insured person;
d. if the insured person is given the prescription, given in Article 38a, first paragraph , or in Article 38ab, first paragraph , has not succeeded;
e. if the insured person does not comply with the Article 39, second paragraph , the control rules referred to;
f. if in relation to the unsuitability to work in the execution of the Law employment and income to work , the Incapacity for work insurance , the Law for incapacity for the self-employed distinctly the Law on incapacity for work of young handicapped persons application is given to Article 88 of the Act of Work and Income to Labor in relation to non-compliance with the Articles 27, second paragraph, parts (a) to (c) or (5) , 28, first paragraph , 29 or 30, first or second member, of the latter law , Article 25 or 28 (a) or (b) of the Incapacity Insurance Act , Article 45 or 46, part (a) or (b) of the Incapacity Insurance Act , Article 3:37 or 3:38, first paragraph, (a) or (b) of the Law on incapacity for work, young people with disabilities Distinctive Article 2:67 of the Wet incapacity for the young handicapped in relation to non-compliance with the articles 2:7, second paragraph, parts a to c, and sixth member , 2:8, 1st Member , 2:31 or 2:32, second paragraph, of the latter law ;
g. if the insured person intentionally caused his unfitness to work;
h. if the insured person is subject to the obligation Article 55, second paragraph, of the Act implementing organisation of work and income not properly fulfilled or not properly fulfilled;
i. where the insured person is subject to the obligation Article 31, first paragraph , or 49 has not been complied with within the time limit set by the Implementing Institute for the insurance of workers;
j. if the insured person is by his doing and leaving the General Unemployment Fund, the Sectoral Fund or the Implementation Fund for the Government at a disadvantage or could disadvantage. The failure to comply with the obligations laid down in the provisions of this section does not include the failure to comply with the obligations laid down in the Regulation. Articles 31, 1st paragraph , and 49 ;
k. if the insured person has a him on the basis of the Articles 29g or 30 shall not comply with the obligation imposed, except where Article 30, second paragraph, applies;
(l) where the insured person does not cooperate, without reasonable grounds, in a training or training which is considered desirable for his employment;
(m) where the insured person refuses or has refused to work without proper ground, or has refused to cooperate with any reasonable rules or measures taken by his employer or by an expert designated by that employer, to enable the insured person to carry out appropriate employment, or in the case of the processing of the declaration or assessment, as referred to in point (a) of this Regulation. Article 38, second paragraph , it appears that the insured person did not make sufficient reintegration efforts without adequate land;
n. if the insured person does not comply with the requirement, Article 38, second paragraph, third sentence ;
o. if the interested party does not cooperate without reasonable grounds in drawing up the plan of approach, Article 26, 1st paragraph, of the Law of Work and Income to Labor , or the re-integration plan, referred to in Article 30a, third paragraph, of the Act implementing organisation work and income unless the person concerned is Article 7 (a) of the General old-age law has reached the age of reference;
p. if the party concerned is to meet the obligations set out in the plan of approach, Article 26, 1st paragraph, of the Law of Work and Income to Labor , or in the re-integration plan, referred to in Article 30a, third paragraph, of the Act implementing organisation work and income , not properly complied with unless the person concerned is Article 7 (a) of the General old-age law has reached the age of reference;
q. if the insured person has that right to labor support under the Law on incapacity for work of young handicapped persons no income provision is received under Article 2:39, fourth paragraph, of that Act;
r. if the insured person does not abstain from very serious misconduct in respect of the persons and bodies responsible for the implementation of this Law while carrying out their duties.
2 A measure referred to in paragraph 1 shall be tailored to the seriousness of the conduct and to the extent to which the insured person may be accused of the conduct. In any event, the imposition of a measure shall be waived if any form of dilation is missing.
3 The Insurance Institution may waive the imposition of a measure as referred to in paragraph 1 and shall be sufficient to give a written warning in respect of the failure to comply in time of the obligation referred to in the Article 31, first paragraph , 38, second paragraph, third sentence , or 49 If the failure to comply in time of the obligation has not resulted in an undue payment or an excessive amount of benefit, unless the fulfilment of the obligation is not fulfilled in due time within a period of two years starting from the date of the the date on which the warning has previously been issued to the person concerned.
4 The Workers ' Insurance Implementing Institute may waive the imposition of a measure if there are compelling reasons for doing so.
5 The imposition of a measure shall be omitted if the same conduct is:
a. An administrative penalty as referred to in Article 45a is imposed;
b. a measure based on Article 27, fourth paragraph, of the Unemployment Act imposed; or
c. an administrative penalty as referred to in Article 27a of the Unemployment Act shall be imposed.
6 In the case of general management measures, detailed rules shall be laid down for the first and second members.
7 In the case of benadation as referred to in paragraph 1 (j), the situation shall be understood to include the situation which the insured person has failed to carry out without proper grounds of defence or has accepted termination of service in the period, Intended in Article 29, first paragraph .
8 If to the person, intended in Article 29, second paragraph, part d, introductory wording and below 1 ° In the first 13 weeks of his incapacity to work because of sickness, a measure based on the disease Article 27, fourth paragraph, of the Unemployment Act is imposed, the decision imposing that measure from the first day of the 14th week of his incapacity or as much earlier as the benefit on the basis of the Unemployment law ends on the basis of Article 20, first paragraph, points (a) and (b) of the Unemployment Act , considered to be based on the first paragraph.
1 The Implementing Institute shall impose an administrative penalty of up to the amount of the penalty for failure or failure to fulfil its obligations by the insured person of the obligation, as specified in the Annex, to the Staff Regulations. Articles 31, 1st paragraph , or 49 . The administrative penalty is not lower than the penalty which would be imposed on the basis of the third paragraph if there was no penalty amount.
2 In this Article, 'bending' is defined as the gross amount intended as a result of the failure or failure to fulfil the obligations laid down in the Articles 31, 1st paragraph or 49 , wrongly, or up to an excess amount of cash received.
3 If not or not properly fulfilled by the insured person of the obligation, intended in the Articles 31, 1st paragraph or 49 , the Implementing Institute shall impose on workers ' insurances an administrative fine of up to the amount of the second category as referred to in Article 4 (2). Article 23 (4) of the Code of Criminal Law .
4 The Insurance Institution may waive the imposition of an administrative penalty as referred to in the third paragraph and suffice to give a written warning in respect of its failure to comply or not properly. insured person of the obligation referred to in the Articles 31, 1st paragraph or 49 , unless the fulfilment of the obligation not properly or not properly takes place within a period of two years from the date on which the insured person has previously been given such a warning.
5 The Employee Insurance Implementing Institute imposes an administrative penalty for failure or failure properly by the insured person of the obligation, referred to in the Articles 31, 1st paragraph , or 49 , as a result of which an excessive amount of cash has been received unduly or up to an excess amount, of up to 150 per cent of the amount of bene if, within a period of five years preceding the day of the offence, a previous period of An administrative fine or a criminal penalty has been imposed on the basis of a previous infringement, consisting of the same conduct, which has become final.
(6) Under the same practice as referred to in paragraph 5, the meaning of the obligation, which is not properly fulfilled, is to be understood as meaning that the obligation to Articles 31, 1st paragraph , or 49 of this law, 12 of the Toeslagenwet , 25 of the Unemployment Act , 12, first paragraph, of the Income Provision Act older unemployed , 80 of the Disability Insurance Act (Wet op de Disability) , or 27, First paragraph, of the Wet Work and Income to Labor Equity as a result of which an excessive amount of benefit, sickness benefit, or supplement has been granted unduly, has been given.
7 By way of derogation from paragraph 5, the five-year period referred to in that paragraph shall be 10 years if, on account of the earlier offence referred to in paragraph 5, the insured person has been penalised with an unconditional prison sentence.
8 The Employee Insurance Implementation Institute may:
a. Reducing the administrative fine if there is a reduction in reproach;
(b) renounce the imposition of administrative penalty if there are compelling reasons for doing so.
9 The person to whom an administrative penalty has been pened shall be required to supply workers ' insurances to the Implementing Institute, on request, with the information which is important for the enforcement of the administrative penalty.
10 In the case of general administrative measures, detailed rules on the level of the administrative penalty shall be laid down.
11 In the case of ministerial rules, rules may be laid down as regards the procedure for implementing the decision imposing the administrative fine.
12 By way of derogation from Article 8:69 of the General Law governing the administrative law the right to appeal or appeal may also alter the amount on which the administrative fine was determined, to the detriment of the insured person.
13 No administrative penalty shall be imposed if, for the same conduct, an administrative fine as referred to in Article 27a of the Unemployment Act shall be imposed.
1 The Implementing Institute workers ' insurances shall set out the administrative fine with a benefit under this law, 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 Law on incapacity for work in the military , the Income Provision of the older unemployed , the Law Labour and Care or a surcharge on the basis of the Supplements Act The person to whom an administrative fine has been imposed.
2 Without prejudice to paragraph 1, the Implementing Institute may charge the administrative fine with a claim against the person to whom the administrative penalty has been imposed on him.
3 The Social Insurance Bank shall pay the municipality the amount of the administrative fine, without the need for an authorisation, at its request to the Implementing Institute workers ' insurances if the person to whom a administrative penalty has been imposed on the benefit of a benefit on the basis of the General Old-age Law , the General Survivors Act , the Patient cipation law , the Income Provision of the elderly and partially unemployed unemployed workers or the Law on income provision older and partly incapacitated self-employed workers .
4 The in Article 479g of the Code of Civil Procedure The Board of Directors for Child Protection shall apply equally to the Employee Insurance Implementation Board. If the Implementing Institute makes use of that power, the notice of the compulsory order shall be made by way of derogation from Article 4:123, 1st paragraph, of the General Administrative Law Act , by means of transmission by post to the person to whom the fine has been imposed.
5 As long as the insured person is under his obligation, Article 45a, ninth paragraph , not properly, or not properly,
a. is the Employee Insurance Implementation Institute by way of derogation from Article 4.93, fourth paragraph, of the General Law governing the administrative law competent to charge the administrative fine to the extent that the creditor would be seized upon the claim;
b. applies to the attachment free foot intended in the Articles 475c to 475th of the Code of Civil Procedure , by way of derogation from Article 4:116 of the General Administrative Law Act , not in the recovery of an administrative fine in the case of a warrant.
1 In netting specified in Article 45g, first paragraph , the administrative penalty is to be charged in Article 45a, fifth paragraph , by the Employee Insurance Implementing Institute, by way of derogation from Article 4:93, fourth paragraph, of the General Law governing the administrative law , settled for a period not exceeding five years from the time of the day drawing on which the administrative penalty has been imposed.
2 Article 45g, first paragraph And the first paragraph shall apply mutatis mutandis to the payment of the administrative penalty for the same conduct as referred to in Article 1 (2). Article 45a, sixth paragraph , if and to the extent that at the time of reckoning referred to in the first member, the administrative penalty by the offender has not been paid.
3 The Implementing Institute shall not, at the request of the offender, decide to apply the first paragraph and second paragraph, or no longer, if, having regard to special circumstances, urgent grounds for doing so may be necessary.
4 The preceding paragraphs shall leave the settlement of the administrative fine on the basis of Article 45g, first paragraph Without prejudice to the period referred to in the first paragraph.
5 If, as a result of the settlement referred to in the first and second paragraphs, general assistance under the Participation Act shall be released on application by a ministerial order on application of the said Act in respect of costs of care, housing costs and the cost of children. The free share of the benefit may be made dependent on the living situation.
6 For the purpose of applying the fifth paragraph, detailed rules may be laid down by means of a ministerial arrangement.
7 The released part referred to in paragraph 5 shall not be open for confiscation, including confiscation of natural persons under the bankruptcy or application of the debt-anting scheme.
If the Implementing Institute has temporarily or permanently refused, in whole or in part, the insured person's payment of sickness benefit under this Law, or has imposed an administrative fine, it shall draw up a decision. Executive institute of the workers ' insurance undertaking, the reintegration undertaking providing for the work of that insured person with a view to increasing the possibilities of performing work or occupational integration, from that decision in knowledge to the extent necessary for the execution of the work by the reintegration company.
If, for the purpose of determining entitlement to sickness benefit under this law, in the context of a sickness notice for the granting of sickness benefit under this law, in the opinion of the Implementing Institute, workers ' insurances shall be considered medically If the person concerned does not cooperate in the investigation, any claims arising under this law shall not be taken into account under this law until such time as the right to sickness benefit cannot be established.
1 The person who becomes unfit to work within four weeks of the end of his insurance shall be entitled to sickness benefit, as if he had been insured, to the Implementing Institute for the insurance of sickness benefit. If the insurance is based on a service referred to in Article 3 the first sentence shall arise from sickness benefit first after the end of that employment.
2 For the purpose of determining the amount of the sickness benefit, the incapacity for work shall be deemed to have been entered in the calendar week in which the insurance has ended.
3 The claim referred to in paragraph 1 shall not apply to:
a. Those who are the pensionable age, intended Article 7a, first paragraph, of the General old-age law , has reached, or in connection with Article 6 , first paragraph, part (a) or (b) is not insured;
b. The person, who is entitled to sickness benefit under the legislation of another Mogenity; and
c. The person entitled to a benefit on the basis of the Income Provision of the older unemployed or a benefit on the basis of the Income Provision of the elderly and partially unemployed unemployed workers .
4 The claim referred to in paragraph 1 shall also be granted, in so far as it concerns the application of Article 29a The woman whose birth is likely to have given birth within a period of 10 weeks after the end of her compulsory insurance.
For the purposes of this Article, the person unfit to work shall be unfit to work, and shall provide for his/her maintenance.
6 By way of derogation from the fifth paragraph, for those who have been insured solely on the basis of Article 8 (a) , if Article 19aa, first paragraph, introductory wording and part b , where applicable, have been deemed unfit to work, the unsuitability referred to in Article 19aa, first paragraph, introductory wording and part b.
1 The Implementing Institute workers ' insurance does not pay an advance if uncertainty exists on the right to pay as specified in Article 629 of Book 7 of the Civil Code or the right to pay on the basis of Article 76a, first paragraph .
2 The Implementing Institute shall suspend or suspend payment of cash sickness benefit if it considers whether it has reasonable grounds for suspecting that:
a. The right to sickness benefit does not exist or no longer exists;
b. The right to a lower level of sickness benefit exists;
c. the insured person or his legal representative is an obligation as referred to in Article 30 , 31 , 45 or 49 not properly fulfilled or not properly fulfilled.
3 If a reintegration company has reported to the Workers ' Insurance Implementing Institute that there is a reasonable suspicion that a person has been granted sickness benefit, insufficient cooperation shall be given to the person concerned with the benefit of the person concerned. work of the reintegration company, the Implementing Institute shall take a decision on the suspension or suspension or suspension of the payment of the sickness benefit to that person for the duration of not more than eight workers. weeks.
4 The Employee Insurance Implementing Institute shall inform the reintegration company of a decision to suspend or suspend as referred to in the fourth paragraph.
In so far as concerns the receipt of a benefit under this law and the discharge for payment of a benefit, a minor shall be treated as an adult. If the legal representative opposes the payment to the minor in writing to the Employee Insurance Implementing Institute, the payment shall be made to the legal representative.
The insured person shall be obliged to communicate to the Insurance Institution, at his or her request or without delay, any facts and circumstances which it must reasonably be clear to him that they may affect his or her own initiative. the right to/or the amount of the compensation requested by him or granted to him or to him. This obligation shall not apply where such facts and circumstances can be established by the Implementing Institute for the insurance of workers ' insurances pursuant to data which are certified as authentic under the law or which may be obtained from the date of the adoption of the Ministerial Arrangements to designate administrations. A ministerial arrangement shall lay down the details of which the second sentence shall apply.
1 The sickness benefit is:
a. Inalienable;
b. Not susceptible to drop-off or belated.
2 Power to receive the sickness benefit, under whatever form or name, is always revocable.
3 Each clause, contrary to any provision of this Article, shall be null and void.
The Empire shall not be liable for the making of benefits or the provision of contributions as referred to in Article 59 .
In fixing the damages to which the insured person is entitled to claim for his incapacity to work because of sickness, the court shall take into account the claims which it has under that law.
1 The Implementing Institute shall have employee insurance cover for the costs incurred under this Act to the person, who is liable for damages in relation to the cause of incapacity to work towards the insured person in civil law obligatory but not more than the amount for which, in the absence of claims under this law, it would be liable to civil law, reduced by an amount, equal to that of the compensation for payment of which the Person liable to the insured person has been held to civil law.
2 The self-risk carrier shall apply for the application of the first paragraph to the place of the Implementing Institute for the insurance of employees.
3 The liability referred to in paragraph 1 shall also be liable for reimbursement of reasonable costs incurred by the Implementing Institute or the own-risk-bearer for the fulfilment of the obligations to enable it to be put into service in the employment of the insured person, who shall rest on the Implementing Institute or the own-risk-bearer under this Law and the provisions based thereon, and the Law structure implementing organisation work and income and the provisions based thereon. The person liable may have the same defence that he would have been in the service of the insured person.
1 The provisions of the previous Article shall apply in respect of the employer's employer's obligation to damages as a result of civil law, as regards the insured person, who is compulsable according to civil law, who is compulmable to pay damages, The insured person is the same employer as the insured person against whom a liability for compensation is made against civil law, only if the incapacity to work is due to intent or deliberate recklessness of that employer. Insured under the insured person.
2 For the purposes of application of the preceding paragraph, the employer shall be regarded as an employer, as referred to in Article 2 (2). Article 34 of the Act of Invorting .
1 The sickness benefit is paid without having been adopted by decision, if it can reasonably be assumed that there is no need for a decision.
2 The sickness benefit is terminated without the adoption of a spontaneous resumption of sickness benefit by decision. If the party concerned requests a decision within a reasonable period of time, it shall be granted as soon as possible.
3 The Employee Insurance Implementing Institute shall pay the sickness benefit referred to in paragraph 1 within six weeks of the submission of the application.
Article 29b, first paragraph, part b, second, ninth and tenth member As it was stated on the day before the entry into force of the Article V, Section A, of the Involvement Act shall continue to apply to the employee, whose service is in question for the day of entry into force of Article V, Section A, of that Act.
1 In the context of the promotion of occupational integration, the Workers ' Insurance Implementing Institute may authorise the person to whom sickness benefit has been granted for a maximum period of six months for an employer to be subject to a test place. months of unrewarded work.
2 During the performance of an activity at a test site, the sickness benefit shall not be withdrawn or revised.
3 The unrewarded work in a test place are:
a. work, to which the person referred to in the first paragraph is capable of being in a position of strength and competence;
(b) work, where the employer, for whom the pilot placement is carried out, has completed a liability and accident insurance for the person referred to in the first paragraph;
(c) work carried out by the person referred to in paragraph 1, not previously unremunerated at a test site at the employer's or his predecessor's legal predecessor; and
d. work in which, in the opinion of the Implementing Institute workers ' insurances, there is a real view of a service of equal or greater importance on the unrewarded work for at least 6 months.
4 If the proceedings referred to in paragraph 1 are interrupted by reason of illness, the period of interruption shall not be taken into account for the application of that paragraph.
5 In the case of ministerial arrangements, detailed rules may be laid down for the implementation of this Article.
Under ministerial arrangements, detailed rules may be laid down regarding the application for authorisation as provided for in Article 52e .
In the implementation of this Law, the Implementing Institute shall provide for employee insurance.
1 The Implementing Institute of Workers ' Insurance shall adopt sickness insurance rules.
2 The sickness rules shall not contain provisions which are contrary to this law and the provisions based thereon or with the articles of association of the implementing institute workers ' insurances.
3 The sickness insurance rules may not contain provisions relating to higher, longer or other benefits than the provisions of this law may determine or determine.
1 The employee is insured at the Employee Insurance Implementation Institute.
2 For the purposes of this Act, continuous insurance shall be provided by the Implementing Institute for the insurance of employees as a single insurance.
In the case of a general measure of management, it may be decided that cases to be notified to the Implementing Institute for the insurance of workers in that measure are the power to determine that of one or more of the groups of persons who are insured with the workers, subject to the rules to be laid down by that measure, apart from the sickness benefits provided for in this Act, other benefits are made or contributions are paid for one or more social funds.
The benefits provided under this Act are borne by the Sectoral Funds and by the General Unemployment Fund, referred to in the Social Fund. Articles 94 and 93 of the Social Insurance Financing Act .
1 By way of derogation from Article 60 benefits under this Act against government employees and those who are based on Article 7 , Article 8 or Article 8a In order to obtain benefits from the public servant of the Government of the Member State concerned, the Commission shall, for the purpose of the provision of a pension, be charged with the payment of a pension for the benefit of Article 106 of the Social Insurance Financing Act .
2 By way of derogation from the first paragraph and Article 60 the expenditure and the costs related to the provision of benefits and the reintegration of persons as referred to in the Article 4, first paragraph, parts i and j , as well as any premiums payable by the Implementing Institute on these benefits, and the contributions payable by the Implementing Institute, which cannot be deducted from such benefits and the income-related contribution of the benefits, Article 42 of the Zorginsurance Act -, dependant on the Empire.
The Implementing Institute shall provide workers ' insurances, in accordance with detailed rules to be laid down by ministerial arrangement, from the administration carried out by the Institute to an official designated by our Minister for that purpose, data on the sickness absence of workers.
1 The self-risk-bearer shall carry out the persons referred to in the Article 29, second paragraph, parts a, b and c As last posted to him on employment, work on the preparation of decisions under this Law on benefits, except for decisions taken on the basis of Article 45a and decisions on grounds of objection or appeal. The self-risk carrier shall accompany the persons referred to in Article 29, second paragraph, parts a, b and c As last served as a service, as a result of his incapacity, he would be in private law in relation to the own-risk-bearer, with the application of Article 26, 2nd paragraph, of the Law of Work and Income to Labor or Article 71b, third member, of the Disability Insurance Act .
2 When implementing the first paragraph, the self-risk carrier shall act for the purposes of the application of the Articles 28, 1st paragraph , 29g, second member , 30, third member , 37, 1st Member , and 39, first and second members , in the place of the Employee Insurance Implementation Institute. The first sentence shall not apply where necessary for the purpose of carrying out activities under the fourth or fifth paragraph by the Implementing Institute for the insurance of employees.
3 The self-risk carrier shall pay sickness benefit to the sickness benefit granted by the Implementing Institution on behalf of the Implementing Institute for the insurance of workers ' rights to the persons referred to in the Article 29, second paragraph, parts a, b and c Which was last to him in service. If the owner does not pay the cash benefit, this shall be paid by the Workers ' Insurance Implementing Institute. The Implementing Institute shall obtain the sickness benefit and the premiums payable under any law relating to that benefit which cannot be deducted from this benefit and the income dependent contribution, Intended in Article 42 of the Zorginsurance Act , on the self-risk carrier.
4 At the request of a self-risk carrier, the Implementing Institute shall carry out the work as referred to in the first sentence of the first paragraph, or parts thereof, as referred to in the first sentence of the first sentence. The Implementing Institute shall charge the costs thereof and the costs resulting from the third paragraph on the own-risk-bearing body.
5 Where the own-risk-carrying activities referred to in the first paragraph do not, in the opinion of the Implementing Institute, do not carry out, either adequately or adequately, the Implementing Institute shall carry out workers ' insurances which work. The Implementing Institute shall charge the costs thereof and the costs resulting from the third paragraph on the own-risk-bearing body.
6 By way of derogation from the first and fourth paragraphs, the Implementing Institute shall carry out the work relating to the implementation of the articles in question. 19aa and 19ab .
7 The Implementing Institute of Workers ' Insurance may recover the amounts referred to in paragraphs 3, 4 and 5 of this paragraph by means of a compulsory order.
8 The Employee Insurance Implementing Institute reimburses the self-risk carrier upon request the damage it suffers from the application of Article 30b, first paragraph .
9 Further rules may be laid down in respect of this Article by ministerial arrangement.
1 The self-risk carrier shall bear the risk referred to in Article 40, first paragraph, introductory sentence and subparagraph (a) of the Social Insurance Financing Act In so far as the first day of unfitness to work is situated on or after the day on which the employer has become self-risk-bearing.
2 If the self bear the risk ends or is terminated, the employer shall continue to be the risk of a person to the risk Article 40, first paragraph, introductory sentence and subparagraph (a) of the Social Insurance Financing Act , to the extent that the first day of incapacity for work is situated before the end of the own risk bearing. If the employer has been declared bankrupt, or if the debt restructuring scheme has been declared to be subject to natural persons, or if he ceases to be an employer, the Implementing Institute shall, if he/she ceases to be workers ' insurance the sickness benefit.
3 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 transition to bankruptcy, where the employer transferring the company is self-risk carrier, the risk of payment of cash sickness benefits or is granted to the employee who is on the first day of the incapacity to work in employment was the employer which transferred the undertaking and to the person who was responsible for the operation Article 46 of this Act (i) entitlement to sickness benefit and last to the end of the insurance to the abovementioned employer was on the employer which the undertaking obtains, even if it is not a self-risk carrier.
4 If only a part of an undertaking referred to in paragraph 3 passes, the risk referred to in that paragraph shall be borne by the employer who transfers part of the undertaking.
1 The own risk carrier takes account of the guidance of its sick workers Article 14, first paragraph, part b, of the Working Conditions Act in eight and submits to the application, referred to in Article 40, first paragraph, part a, of the Social Insurance Financing Act , a copy of the written commitment referred to in Article 14 (4) of the First Act.
2 If the employer does not allow himself to be assisted by a person as intended for the supervision of his sick workers Article 14, first paragraph, of the Working Conditions Act which is responsible for the assistance referred to in subparagraph (b) of that paragraph or an arbog as referred to in That Act He'll report that as soon as possible. The Implementing Institute shall impose an administrative fine of up to € 455 if the employer has failed to fulfil that obligation. The Articles 45a, third, fourth and fifth members , 45c , and 45g, fourth member , shall apply mutatis mutandis.
3 The consent, specified in Article 40, first paragraph, part a, of the Social Insurance Financing Act may, without prejudice to the tenth paragraph of that article, by the inspector referred to in Article 1 of the Social Insurance Financing Act Without an application from the employer, with immediate effect, an appeal may be terminated if the employer is no longer assisted by a person in respect of the supervision of his sick workers by a person referred to in the following conditions: Article 14, first paragraph, of the Working Conditions Act which is responsible for the assistance referred to in Article 14, first paragraph, part b, or an arbog, as referred to in Article 14, That Act .
For the purposes of this Chapter, incapacity to work shall be deemed not to have been interrupted if the periods of incapacity to work follow each other with an interruption of less than four weeks, or if they are immediately prior to and connecting to a period in which allowance is made in connection with pregnancy or childbirth on the basis 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.
1 The Implementing Institute shall obtain employee insurance from the employer, as referred to in Article 9 , 10 or 12 The sickness benefit, as well as the death allowance referred to in Article 35, plus the amount of the income dependent on the allowance referred to in Article 35, Article 42 of the Zorginsurance Act , which has been paid by the Implementing Institute workers ' insurances to the insured person in respect of whom the first day of the 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 reached, with the exception of the sickness benefit, intended to Article 29, second paragraph, parts e, f and g .
2 If the employer referred to in the first paragraph transfers the undertaking within the meaning of Article 662 of Book 7 of the Civil Code , and in the event of such a transfer to bankruptcy, the Implementing Institute shall obtain the amounts referred to in paragraph 1 on the employer who obtains the undertaking.
3 If only a part of an undertaking referred to in the second paragraph transfers, the Implementing Institute shall continue to recover from the employer the accounts referred to in paragraph 1 above to the employer who transfers part of the undertaking.
4 The Implementing Institute workers ' insurance may recover the amounts referred to in paragraph 1 in the case of a compulsory order.
5 In the case of, or under general management, the costs of preparing and taking decisions under this law may be determined in respect of the insured person referred to in the first paragraph and the costs arising from the provision of the The first, second and third paragraphs, shall be charged to the employer, mentioned in those paragraphs.
1 A decision on the story of sickness benefit as referred to in Article 63e shall be no longer given if more than five years have elapsed since the end of the calendar year in which it has been paid.
2 Sick money that has not been recovered within ten years of giving the order to cover story is no longer being recovered.
3 The legal claim for the repayment of an unpaid amount in respect of the story of sickness benefit shall be subject to a limitation period of five years since the end of the calendar year in which the order was given.
The claim of the Implementing Institute Workers ' Insurance for the purpose of the story Article 63e, first paragraph , is privileged on all goods of the employer and goes above all other privileges except those of the Articles 287 and 288 under a , as well as that of Article 284 of Book 3 of the Civil Code .
1 The Implementing Institute shall be obliged to admit to voluntary insurance in accordance with or pursuant to this Chapter, provided that he has the pensionable age referred to in this Chapter. Article 7a, first paragraph, of the General old-age law , has not yet been reached and is living here:
(a) the person, whose compulsory insurance has ended and who, on the basis of the circumstances shown, is reasonably expected to take up such an insurance, that interruption of that compulsory insurance shall be of a short duration, or that it is intended to another opportunity to engage in a service;
b. The person, who, while living here, was compulsive abroad insured against the pecunious effects of illness, provided that:
1. he is no longer insured abroad, because he no longer carries out his work abroad;
2. on the basis of the circumstances which it has shown that it is reasonable to assume that it is intended to re-enter into service on the occasion of an opportunity to provide services;
c. The person, whose compulsory insurance has ended and who is self-employed as intended in Article 4, fifth paragraph -work carried out or is to be carried out, or as a spouse of that self-employed person, or shall cooperate in his undertaking, if, for one year, immediately preceding the end of his compulsory insurance, unabated, not in the Netherlands, in the case of, or under a statutory scheme, a provision against the pecunious effects of illness on him;
(d) the addressee of the contract of only part of a normal working week, not only as a result of a working time scheme applicable to the person concerned, under which a normal working week of an average of an average of less than six days of application is covered by compulsory insurance under that employment, if during the three years immediately preceding the day of the commencement of its voluntary insurance, unabated, whether or not here in the case of a provision to be made under the provisions of, or pursuant to, a provision has been applicable to him against the pecunious effects of disease;
e. the person, whose employment ratio on the basis of Article 6, first paragraph, part c , is not regarded as a service;
f. the person whose right to benefit under the Law employment and income to work is terminated;
g. the person, to whom incapacity benefit is paid under the Incapacity for work insurance has been granted, calculated on the basis of an incapacity for work of less than 45%;
h. The person, whose incapacity benefit is paid by the Incapacity for work insurance , calculated on the basis of incapacity for work of at least 45%, on the grounds of incapacity for work, has been revised to a incapacity for work of less than 45%;
(i) the person whose incapacity benefit is paid by virtue of the Incapacity for work insurance , calculated on the basis of an incapacity for work of 45% or more, has been withdrawn;
j. the one based on the Article 7 is considered to be an employed person and also as a self-employed person pursuing or pursuing an undertaking or profession, or as a spouse of that self-employed person in that undertaking or profession, acting or going to cooperate, if during the three years, prior to the start of his voluntary insurance, whether or not in the Netherlands, whether or not a provision against the pecunious effects of a disease has been applicable to him.
2 The obligation referred to in paragraph 1 shall also apply in respect of the person who is the pensionable age, as referred to in Article 4 (1). Article 7a, first paragraph, of the General old-age law , has not yet been reached, which by virtue of the provisions of the Article 3, second, fourth and fifth paragraphs , is not considered to be an employee, and
(a) whose compulsory insurance has been completed and who resides outside the Netherlands, fulfils, directly on the termination of compulsory insurance, a service for a maximum period of five years, and whose employer is within the Netherlands is resident or established;
b. who is Dutchman and who has been sent to perform work for the development cooperation organisations to be established by our Minister in agreement with our Minister of Foreign Affairs;
(c) who is a Dutchman who has been sent to work in or outside the Netherlands for an international organisation of international law, of which the Netherlands is a member or whose work is supported by the Netherlands;
(d) who lives in the Netherlands, and carries out a service outside the Netherlands; or
e. that Dutchman is, outside the Netherlands, works financed by the State and are also commissioned by the State in the context of statutory obligations or implementing an international treaty; or an equivalent agreement or a decision of an international organisation.
3 To the performance of a service referred to in paragraph 2 A , a contiguous period of compulsory insurance of at least one year must be preceded.
4 The person, who is a national of one of the Member States of the European Community or is a national of a State, with whom the Netherlands has a social security treaty, shall be treated as the person who is a national of one of the Member States of the European Community. has closed security, provided he lived before he was broadcast in the Netherlands.
1 The in Article 64, first paragraph, part c and d respectively , the period of one year or three years shall be deemed not to have been interrupted:
a. If the person concerned has not been insured for not more than 60 days;
b. during the waiting period as intended in Article 23 of the Act of Work and Income to Labor or the Articles 19 , 37 , 38 , 39a and 39c of the Disability Insurance Act (Wet op de Disability Insurance) ;
c. during the period, on which a benefit is paid under the Law employment and income to work has benefited from a disability benefit under the conditions of the Incapacity for work insurance has been enjoyed, calculated on the basis of an incapacity for work of 45% or more.
2 The in Article 64, first paragraph, part c and d respectively That condition of an insurance period of one year or three years shall be considered to be fulfilled if the person concerned is in receipt of a benefit on the basis of the Law employment and income to work -or a disability benefit on the basis of the Incapacity for work insurance .
1 The application for admission to the voluntary insurance shall be submitted to the Employee Insurance Implementation Institute:
a. By the in Article 64, first paragraph, part a, b and c , persons referred to, within 13 weeks of the end of their compulsory insurance;
b. by the in Article 64, first paragraph, part f , persons referred to, within 13 weeks of the date of the decision terminating the entitlement to benefit,
c. by the in Article 64, first paragraph, parts g, h and i Within 13 weeks of the day on which the decision on incapacity for work was granted, the persons referred to above have been subject to a revision of the incapacity for work.
d. By the in Article 64, first paragraph, part j , person: within 13 weeks of the day on which his work as a self-employed person or his activity as a spouse of the self-employed person in his business or occupation has started;
e. by the in Article 64, second paragraph, part a , person referred to: within 13 weeks of the day on which the compulsory insurance has ended;
f. by the in Article 64, second paragraph, (b), (c) and (e) Person: within 13 weeks of the day of his departure abroad, or, if the Article 64 (c), second paragraph This work is to be carried out in the Netherlands within 13 weeks of the day on which the work has started;
g. by the in Article 64 (d), second paragraph , person referred to: within 13 weeks of the day on which his activities outside the Netherlands have begun.
2 The persons referred to in paragraph 1 (c) shall be deemed to have made a request for admission within 13 weeks of the day drawing of the decision, if such request is made within four weeks of the day on which they are reasonably shall have knowledge of that decision.
3 The Implementing Institute of Workers ' Insurance shall be empowered to declare that a request for admission to voluntary insurance, submitted after the period laid down for that purpose by virtue of that law or from the provisions laid down therein, is deemed to be timely to be received, if the person who made the request cannot reasonably be deemed to have been in default.
4 The voluntary insurance shall commence:
a. for the in Article 64, first paragraph, part a, b and c, and second paragraph, part a , person referred to: on the day following the day on which the compulsory insurance has ended;
b. for the Article 64, first paragraph, parts d, e and j , person referred to: on the day of receipt of his application for admission;
c. for the Article 64, first paragraph, part f , person referred to: on the day from which the right to benefit under the Work and Income to Work Income Act has been terminated;
d. For the Article 64, first paragraph, parts g, h and i , person referred to: on the day from which the incapacity benefit is to be paid under the Incapacity for work insurance is granted, revised or withdrawn;
e. for the Article 64, second paragraph, (b), (c) and (e) person referred to: either on the day of his departure abroad or, if the person Article 64 (c), second paragraph This work shall be carried out in the Netherlands on the day on which such work has started;
f. for the Article 64 (d), second paragraph , person referred to: on the day on which his activities outside the Netherlands have begun.
The Employee Insurance Implementation Institute shall end voluntary insurance:
a. at the request of the voluntarily insured person, with effect from a date to be determined by him;
b. starting from the day, on which the five-year period referred to in Article 64 , second paragraph, part A , has elapsed;
c. from the day on which the work is intended to Article 64 Second paragraph shall be terminated and the voluntary insured person may no longer be considered to obtain income on the basis of the termination of such activity or income in the event of sickness
d. as of the day on which the voluntarily insured person is compulsable under this law;
e. if the premium payable over a period of two full calendar months is not paid in full or in due time; or
f. if no longer meets other requirements for admission to voluntary insurance, intended in Article 64 -Second member.
1 The person applying for admission to the voluntary insurance scheme referred to in Article 64, first and second paragraphs , at the start of voluntary insurance, determines the height of the daily wage, except that:
a. This cannot be more than it is in Article 17, first paragraph, of the Social Insurance Financing Act of the said amount in respect of a wage period of a day, possibly increased or reduced on the basis of Article 18 of that Act ;
b. may not exceed the wage or income he/she considers in the case of sickness in the opinion of the Implementing Institute for the insurance of workers; and
(c) this, where, in addition to voluntary insurance, voluntary insurance as referred to in Chapter III of the Unemployment Act is closed, equal to the dagloon which underlies the voluntary unemployment insurance.
2 The voluntary insurance benefit is calculated on the basis of the dagloon referred to in paragraph 1.
1 The voluntary insured person is entitled to sickness benefit if he is unfit to perform his duties due to illness, pregnancy or childbirth.
2 The female insured does not have a right to sickness benefit during the period of maternity or maternity leave in accordance with Article 3:1, 2nd and 3rd member, of the Law of Work and Care or a benefit on the basis of Article 3: 8 of that Act .
1 The sickness benefit of the voluntary insured person who, in the event of incapacity to work, is not entitled to pay for the payment of wages as referred to in the Article 629 of Book 7 of the Civil Code or pay as referred to in Article 76a, first paragraph , is paid from the third day of the unfitness to work.
2 The sickness benefit is 70% of the insured's dagloon.
The Employee Insurance Implementing Institute shall lay down detailed rules on voluntary insurance. These rules shall, in any event, contain provisions concerning:
a. Admission to voluntary insurance;
b. the end of voluntary insurance; and
c. the dagloon intended in Article 68, first paragraph .
As regards the provisions of, or pursuant to, the provisions of this Chapter, the other provisions of that law and the decisions taken in implementation thereof shall, in accordance with the provisions of this Chapter, be applicable, mutatis mutandis, to the extent that it has not deviated from the provisions of this Chapter.
By way of derogation from Article 1: 2 of the General Administrative Law the employer is not an interested party in a decision of the Implementing Institute Workers ' Insurance on the insurance under this Act as referred to in Article 4 (2). Article 72c, first paragraph .
1 Without prejudice Article 72c , decisions pursuant to this law and the provisions based thereon shall be taken within a reasonable period after receipt of the application.
2 The reasonable period of time shall, in any event, have elapsed when no decision has been taken within eight weeks of receipt of the application or a notification as referred to in the third paragraph has been made.
3 If a decision cannot be made within the period of eight weeks, that period shall be extended by a reasonable period of time and the applicant shall be informed in writing.
1 An application for the provision of a decision on insurance under this law may be submitted by the employee exclusively to the Implementing Institute for the purpose of providing employees with employees ' rights. The Employee Insurance Implementing Institute shall provide the decision within 13 weeks of receipt of the application.
2 A decision exclusively relating to the existence or survival of the incapacity to works, for which no assessment is to be found to the effect of the Article 19ab, first paragraph , if necessary, is given within four weeks of receipt of the application, declaration of inadequacy or disease notification to the Employee Insurance Implementing Institute, intended in the Articles 29a, fourth paragraph , 38, second paragraph , Article 38a, second and third paragraphs , and 38ab, 1st Member .
3 If a decision referred to in the first or second paragraph cannot be given within the time limit applicable, it shall be communicated in writing to the applicant and shall indicate as soon as possible within which the decision may be taken. can be seen.
In the case of a general measure of administration, rules may be laid down concerning the treatment of objections to decisions on which a medical assessment is based.
(1) If objections are raised to a decision to which an insurance or occupational assessment is to be considered to be Article 19ab, first paragraph , the Executive Institute shall decide on the basis of a derogation from the Article 7:10, 1st paragraph, of General Law governing law , within 17 weeks, or, if the opinion asks an expert who is not responsible for his or her responsibility, within twenty-one weeks from the day following that on which the deadline for the submission of the notice has expired.
If, in the event of a decision to raise objections, a person resident abroad has been called and for that reason the decision on objection cannot be given within the period referred to in the first paragraph, the decision shall, in the case of a decision on objection, not be given within the period referred to in paragraph 1. Derogation from Article 7:10, third member, of the General Law governing the administrative law , adjourned for a maximum of six months and shall be notified in writing to the applicant for that suspicion.
The objection or appeal of an employer against the Article 63a, third paragraph -payment or against the story referred to in the Article 63e, first paragraph , then against an in Article 38, third or fourth paragraph, of the Social Insurance Financing Act Such a premium may not be based on the complaint, that a benefit under that law was found to be erroneously or to an excessive amount.
By way of derogation from Article 7:10, 1st paragraph, of General Law governing law the Implementing Institute shall decide within thirteen weeks from the day following that on which the deadline for the submission of the notice of objection has expired.
For the purposes of this paragraph, the following definitions shall apply:
a. Medical disposition: a decision on which an assessment of medical data is based;
b. employee: the person on whose medical records the assessment relates;
c. Employer: the person concerned by a medical decision, which is not the worker;
d. Company doctor: the person, intended in Article 14, first paragraph, of the Working Conditions Act , which is responsible for the assistance provided for in Article 14, first paragraph, part b, of that law .
1 Documents containing medical information shall not be made available to the own-risk-bearer or employer by the Implementing Institute or the employer, unless the employee gives a written consent to it. has been given.
2 The consent may be withdrawn in writing at any time.
3 During the hearing, the consent may also be withdrawn orally.
1 If the employee has not been given permission as intended in Article 75a , access to, or knowledge of, or transmission of documents containing medical information shall be restricted to the business doctor or the arboo of the own risk carrier or to an agent of the own-risk-carrier or of the employer who is the owner of the medical board. A lawyer or a medical practitioner has been given special permission to do so by the Implementing Institute for Workers ' Insurance.
2 The authorised representative referred to in paragraph 1 shall replace the owner or the employer in the preparation of a medical decision in so far as it relates to medical records.
3 The arboservice or the business doctor or the authorised representative referred to in paragraph 1 shall replace the self-risk carrier with:
(a) the establishment of an objection or notice; and
b. the treatment of an objection;
insofar as it relates to medical data.
4 Article 7:4, 2nd, 4th and 6th member, of the General Law governing law shall not be applicable to documents or information containing medical information.
1 The Health Insurance Implementing Institute shall state the reasons for a medical decision, in so far as it relates to medical data, in a separate annex.
2 If the employee has not given permission as intended in Article 75a , the Annex, referred to in the first paragraph, shall not be issued to the owner or the employer.
3 The Annex is given to the company doctor or the arboo of the self-risk-bearer or to the agent of the own-risk-carrier or of the employer, as referred to in Article 3 (2). Article 75b .
4 The second and third paragraphs shall apply mutatis mutandis to a report or advice from a doctor or a psychologist, to which reference is made in the grounds of a medical decision.
The publication of a medical decision shall be based on the following: Articles 75a , 75b , 75c and 75th .
The grounds of objection or appeal referred to in Article 6:5, first paragraph, part d, of the General Administrative Law Act , shall be given in a separate annex to the extent that they relate to medical data.
1 If Article 8:32, 2nd paragraph, of the General Administrative Law has been applied, finds by way of derogation from Article 8:62, first paragraph, of that law the examination for medical records in so far as it relates to closed doors, unless the administrative court, of its own motion or at the request of one of the parties, provides that the investigation is public.
2 In the invitation, referred to in Article 8:56 of the General Administrative Law , a communication from paragraph 1 shall be communicated.
Article 75f shall apply mutatis mutandis to the treatment of the appeal and to the examination of a request for a provisional provision.
This paragraph shall apply to disputes of a medical nature concerning the existence or survival of incapacity to work.
By way of derogation from Article 6: 7 of the General Administrative Law Act shall be the time limit for the submission of a statement of objection in a dispute as referred to in Article 75j two weeks, unless the dispute relates to an assessment as referred to in Article 19ab .
1 By way of derogation from Article 7:4, 1st paragraph, of General Law governing the administrative law Interested parties may in a dispute as referred to in Article 75j submit further documents during the hearing.
2 By way of derogation from Article 7:4, 2nd paragraph, of General Law governing the administrative law , and subject to the remaining articles of this paragraph, shall be in a dispute as referred to in Article 75j the notice of objection and any further documents relating to the case:
a. Prior to hearing, sent to interested parties; or
At least two days prior to the hearing before interested parties were made available for inspection.
1 Against judgments of the Central Board of Appeal, any of the parties may appeal in cassation in respect of a breach or incorrect application of the Articles 1 (3) to (7) , 2 to 12 and 14, first paragraph , and the provisions that were based on it.
2 The rules governing the appeal in cassation against the judgments of the courts of appeal in tax cases shall apply mutatis mutandis, with the Central Board of Appeal taking the place of a court of justice.
This Section shall apply to persons who:
a. In the service of state, province, municipality, watership or any other public entity; and
(b) fulfil the obligations laid down in the framework law on the military service or on the basis of the Military service conscientious objection law shall be obliged to perform a replacement service.
1 When prevented from incapacity due to illness, pregnancy or childbirth to perform the service or to perform the post with respect to the employer to whom the person, intended to be employed, Article 76 Under public law employment, 70% of remuneration is to be used for a period of 104 weeks, as provided for in the Staff Regulation. Remuneration Decision Civil and civil servants 1984 -or corresponds to the amount corresponding to the amount in question, provided that the remuneration does not exceed the amount specified in the Annex. Article 17, first paragraph, of the Social Insurance Financing Act ................................. Law Minimum Wage and Minimum Holiday Report would apply to him. The first two sentences shall apply, mutatis mutandis, to the extent that the payment of remuneration or the corresponding remuneration is claimed after dismissal in respect of sickness, pregnancy or childbirth.
Where remuneration or equivalent is determined in a manner other than time-space, this Section shall apply, subject to the average remuneration of remuneration of the person concerned, if he/she is not paid. had been prevented, during that time had been able to earn.
Paragraph 3 of paragraph 1 may be derogated from by universal provision to the detriment of the person concerned only to the extent that the person concerned may, for the first two days of the period of 104 weeks referred to in the first paragraph, be in the the period of six weeks referred to in the first sentence of the first sentence of the eighth paragraph shall not be entitled to pay or to correspond to it.
4 By way of derogation from paragraph 1, the female worker shall not have the right referred to in that paragraph during the period of maternity or maternity leave in accordance with the conditions laid down in that paragraph. Article 3:1, 2nd and 3rd member, of the Law of Work and Care .
For the purposes of application of paragraphs 1 and 3, periods during which the person concerned is prevented from performing his or her duties as a result of sickness, pregnancy or childbirth due to incapacity, shall be counted together if they are not with a break of less than four weeks, or if they are immediately preceding and connecting to a period of benefit of maternity or maternity leave in accordance with Article 3:1, 2nd and 3rd member, of the Law of Work and Care , unless the unsuitability cannot reasonably be assumed to result from the same cause.
The period of 104 weeks referred to in paragraph 1 shall be extended:
a. With the duration of the delay if the application, intended to Article 64, 1st paragraph, of the Law of Work and Income to Labor be done later than is prescribed in or pursuant to that Article.
(b) for the duration of the extension of the period of entitlement to pay or remuneration on the basis of Article 24, first paragraph, of the Law on Work and Income to Work or with the duration of the extension of the withdrawal period specified in: Article 19 (7) of the Disability Insurance Act (Wet op de Disability) ; and
(c) for the duration of the period which the Implementing Institute shall have on the basis of Article 25, 9th paragraph, of the Law of Work and Income to Labor or Article 71a, 9th paragraph, of the Disability Insurance Act identified.
7 The first paragraph shall not apply to pocket-money-based people.
8 By way of derogation from paragraph 1, for a period of six weeks for the person referred to in that paragraph, the person referred to in that paragraph shall be entitled to Article 76 , which is the in Article 7 (a) of the General old-age law has reached that age. If the incapacity as a result of illness has started before the date on which the worker reaches the age referred to in the preceding sentence, the period referred to in that sentence shall be valid from that date, in so far as the total period covered by that sentence has been of entitlement to remuneration, as referred to in the Remuneration Decision Civil and civil servants 1984 , in addition, it does not exceed 104 weeks.
1 In the case of a general rule, it may be determined that the claim provided for in Article 76a, first paragraph , does not exist if:
(a) the disease has been proposed, at least in such a disproportionate manner, that the reason for being prevented from being prevented can be assumed;
(b) the disease has been caused by the person concerned, unless it is not possible for him to be direated on the basis of his mental state;
(c) the prevention of the action of a disease or defect in respect of which the person concerned intentionally falsified information to the employer, in respect of whom the person concerned, in respect of the employment relationship, was intentionally false. Article 76 Under public law, the provision of employment has been granted.
2 In the case of a general rule, provision may be made for the claim provided for in Article 76a, first paragraph , lapses when and for so long data subject:
a. refuses to submit to an investigation because of the medical or equivalent medical or, after having been summoned for such an investigation, does not appear for no valid reason;
Refusal to cooperate fully with a medical examination, observation or measure in the interest of the maintenance, repair or promotion of its work capacity, unless the measure provides for an intervention of a surgical nature allowed;
(c) without sufficient grounds for the treatment of a medical person to set or continue to be placed or to continue to be treated, or to comply with the provisions of the medical practitioner, on the understanding that the rules are the granting of cooperation to an intervention of a surgical nature is excluded;
d. behave in such a way that its recovery is obstrucded or delayed;
e. carry out work for himself or third parties during the time of the action to be prevented, unless it is considered desirable by the occupational medicine or the medical practitioner to be equivalent in the interests of his healing;
(f) defaulting to the time specified by the company medical or a medical person determined by that person and to the service determined by the latter, unless he or she has, by the time, entered for that time, recognized as valid by the latter. reason has given;
g. refuses to perform the appropriate work entrusted to it by the competent authority and to which he is deemed by the occupational health or the medical practitioner to be equivalent;
h. without adequate land, shall refuse to cooperate with any reasonable rules or measures taken by the employer as referred to in subparagraph (c) or any reasonable rules or measures taken by him which are intended to enable the person concerned to set up appropriate work;
i. without sound ground, refuses to cooperate in drawing up, evaluating and updating a plan of approach as intended in Article 25, second paragraph, of the Law on Work and Income to Work and Article 71a, 2nd paragraph, of the Work Disability Insurance Act .
3 In the case of a general rule, it may be determined that the claim provided for in Article 76a, first paragraph , if the person concerned enters the rules for his/her absence in respect of sickness, it may be dismissed in whole or in part.
4 General binding rules which do not lay down special arrangements for claims of sickness in remuneration or equivalent to the application of 76a, third member , as requirements in which: Article 76a, first paragraph , a departure is made.
5 The second paragraph, part i, shall not apply if the person concerned is the Article 7 (a) of the General old-age law has reached that age.
The claim referred to in Article 76a, first paragraph , shall be reduced by:
a. the amount of the allowance or benefit received by the person concerned under statutory insurance;
(b) the amount of salary or salary enjoyed by the person concerned in or out of service for the work he has carried out during the time he had been able to service his or her office, if he had been able to carry out his or her duties; disease had not been prevented.
If, prior to the commencement of his employment or duties, the person concerned had concluded an agreement to cover the pecunious consequences of being prevented from working on the ground of sickness, he may, in so far as he or she may enjoy such an agreement, de-loans equivalent to those resulting from that section for the remainder of the proceedings, but not earlier than from the commencement of the employment or of the performance of the duties. The premium paid by the person concerned shall be refunded by the insurer in proportion to the amount of the contract, less than 25% of the amount to be reimbursed for administrative expenses.
1 The employer to whom the person is intended Article 76 Under the law of public law, employment may be promoted in respect of the worker who, in the event of incapacity as a result of illness, is prevented from performing the contract work, the enacting in the Labor in his company. Where it is established that it is no longer possible to carry out his own work and that the employer is not engaged in the business of the employer as provided for in the first sentence of the first sentence, the employer shall, during the period of the period of employment of the worker, encourage his/her employer to carry out his or her duties has a right to pay pursuant to this section, Article 71a, 9th paragraph, of the Disability Insurance Act or Article 25, 9th paragraph, of the Law of Work and Income to Labor , the inaction of the employee in the company of another employer, unless the worker is employed by the worker. Article 7 (a) of the General old-age law has reached that age.
2 The employer referred to in paragraph 1 shall, by virtue of the exercise of his or her duties as referred to in the first paragraph, be obliged to take such measures as may be reasonably necessary as soon as possible and to provide for such instructions, so that the worker, who is prevented from carrying out employment in connection with illness, is placed in a position to perform his or her own or other appropriate work.
3 As a result of the exercise of his duties as referred to in paragraph 1, the employer shall, in accordance with the first sentence of the first paragraph, draw up, in agreement with the worker, a plan of approach as referred to in Article 3 (2). Article 71a, 2nd paragraph, of the Work Disability Insurance Act and Article 25, second paragraph, of the Law on Work and Income to Work , unless the employee is in Article 7 (a) of the General old-age law has reached that age. The plan of approach shall be evaluated regularly and, if necessary, updated with the assistance of the employee.
4 The term 'appropriate work' referred to in paragraphs 1 and 2 shall be understood to mean all work calculated for the workers ' strengths and abilities, unless acceptance for reasons of physical, mental or social character cannot be understood from him. are required.
5 The employer, referred to in the first sentence of the first sentence, and the person, by whom the employer is based on the Article 14 of the Working Conditions Act assist, provide a re-integration company as specified in Article 1 of the Law on Work and Income to Work , information to the extent necessary for the performance of the work entrusted to it by the employer under the first sentence of the first paragraph, as well as the civil service number of the person whose employment is to be employed promoting that re-integration business. The re-integration company only processes this data to the extent that it is necessary for this work and uses it only with that purpose that the civil service number is involved in that processing.
6 This Article shall apply mutatis mutandis to the own-risk-bearer referred to in Article 1, first paragraph, part h , and the persons referred to in Article 29, second paragraph, parts a, b and c , which was last to him in service, during the period for which the own-risk-bearer had to pay sickness benefit to those persons.
He, who does not meet any of the obligations defined in Article 13 shall be subject to custody of a maximum of one month or a fine of the second category.
Offences which are punishable by or under this law are offences.
The time limits of the sickness benefit, which shall not be recovered within two years from the date of payment of the payment, shall no longer be paid.
Article 15 and the provisions based thereon, such as those in place on the day prior to the day of entry into force of Article IV, Section A, of the Administrative Lastening Act and simplification in social security laws, remain applicable on the person whose entitlement to sickness benefit has been incurred before the date of entry into force of that Article in respect of that allowance.
In respect of the insured person whose first day of incapacity for work is due to sickness for sickness before the date of entry into force of Article IX, Parts A and B of the WW system change, the Article 29, second paragraph, part d , and 36, 1st Member , applicable as these luded up on or before that time, and remains Article 29, 12th member , out of application.
The Articles 19a, third paragraph , 19b, second paragraph , 33, 1st Member , 44 and 47a, second member, part c As they were in the day prior to the entry into force of the Law on Harmonisation and Simplification of Social Security Law, applicable to the person whose first working day on which he was not working or working because of sickness was not During the working time has been suspended, is located before or on that day.
1 The Articles 32, first and second members , and 32a As they were in the day prior to the entry into force of the Law on Harmonisation and Simplification of Social Security Law, applicable to the person whose first working day on which he was not working or working because of sickness was not During the working time has been suspended, is located before or on that day.
This article shall expire from the day of 10 years from the day of entry into force of the Law on harmonisation and simplification of social security legislation .
The Articles 38a and 38b As those luded on the day prior to the entry into force of Article VIII (L) and (M) of the Law on Harmonization and Simplification of Social Security Law , continue to apply in relation to an employee whose first day of incapacity for work was due to or on account of illness for that day.
1 In the case of, or under general management measure, it may be determined by derogation from Article 29, first paragraph , sickness benefit is paid to insured persons who are in employment to employers or under that measure to be determined under that measure.
2 Article 88 shall apply mutatis mutandis.
3 The employer may contract an insurance contract in respect of his obligation to pay through pay as referred to in 629, 1st member, of Book 7 of the Civil Code or pay as referred to in Article 76a, first paragraph to inform, from the day of the entry into force of the general measure of management referred to in paragraph 1, or, if the denunciation takes place at a later date, from the day on which the insurer reaches the insurer. In the event that the premium is prepaid, it shall be refunded by the insurer proportionally to the employer.
4 A general measure of management established under paragraph 1 shall not enter into force earlier than eight weeks from the date of issuance of the State Sheet where it is placed. Notice of the placement shall be communicated without delay to the two Chambers of the States-General.
Article 29, second paragraph, of the Law on sickness As it stands after the entry into force of the Law of 29 December 2008 amending the Law of the Law on the payment of cash sickness benefit to persons working on Saturdays and Sundays (Stb. 152) does not apply to insured persons for whom the first calendar week of the incapacity for work is fully situated before the date of entry into force of this Act.
1 Article 19a does not apply to the person who, as a result of the denunciation of a treaty, the termination of the provisional application of a treaty or the termination of a similar situation would become applicable, does not apply to the person to whom that article is to be applied; as long as this person continues to live in the same country as where he resided on the day before the termination as a result of that termination, respectively, on the day before the termination and continues to comply with the remaining conditions for entitlement to sickness benefit.
2 Our Minister shall communicate to which country, including the day on which, a Treaty as referred to in paragraph 1 has entered into effect or the provisional application of a treaty or a similar situation to that country, has been terminated in the first paragraph.
1 An agreement regarding the insurance of pecunious effects of incapacity to work because of sickness, concluded by the person, which is compulsive, expires from the day on which the insurer of the insured person is insured Notification of compulsory insurance shall be deemed to be equivalent to those resulting from the compulsory insurance provided for in this Act, in so far as the contract may be derived from it. If this notice reaches the insurer before the day on which the person concerned is compulsable insured, the contract shall expire from that day.
2 The premium paid in advance by the person whose insurance has expired, in whole or in part, by virtue of the provisions of the first paragraph, shall be reimbursed by the insurer in accordance with the expiry date of the term of office of the contract. Deduction of up to 25% of the amount to be recovered for administrative expenses.
The General Term Act does not apply to the payment periods laid down in this Act of payment of financial compensation and to the time limits laid down in the Article 6, second paragraph, points (a) and (c) , 29, fifth paragraph , 35 and 46, first and fourth members .
1 As employee within the meaning of Article 29b, first paragraph , in addition to the workers referred to in that paragraph, the person prior to the entry into force of this Article shall also be regarded as Article 1.4, Section G, of the Act of 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 As that ushered on the day preceding the day on which the that Article expires on the basis of Article 2.10 of the Act of Inlining and Financing Law Work and Income to Labor , for the duration of:
(a) his incapacity benefit and five years after that period for the disabled person, as specified in that Article 2, first paragraph, part a, of the Law on the integration of the disabled ;
(b) the provision of the provision and five years after that period for the disabled person, Article 2 (b) of the Law on the disabled (re) ;
(c) the indication decision or a reindication decision on the basis of the Social employment law for the disabled person, for the purpose of that Article 2, first paragraph, section c, of the Law on the Integration of the Disabled Persons ;
d. Five years after the termination of his employment on the basis of the Social employment law for the disabled person, for the purpose of that Article 2, first paragraph, part d, of the Law on the integration of the disabled ;
e. five years after the reindication decision on the basis of the Social employment law for the disabled person, for the purpose of that Article 2, first paragraph, part (e) of the Law on the integration of disabled persons ;
(f) five years after the termination of his incapacity benefit or the end of the provision, Article 2 (1) (b) of the Law on the integration of the disabled person (re) for disabled persons , referred to in the Second paragraph of that Article ;
g. five years after the day on which, in the case of illness or defect, there is an obstacle to the employment of the disabled person in the process of obtaining or performing work Article 2, third or fourth paragraph, of the Law on the integration of disabled persons .
2 By way of derogation from the first paragraph, subparagraph (a), no duration restriction shall apply to the person who, on the day prior to the entry into force of this Regulation, Article 1.4, Section G, of the Act Inlining and Financing Law Work and Income to Labor Employment was disabled on the basis of his right to incapacity for work on the basis of the Law on incapacity for work of young handicapped persons .
Article 29b As it was stated on the day before the entry into force of Article 1.4 (G) of the Inlining and Financing Act (Wet Employment and Income for Work), the worker who is entitled to cash sickness benefit on or before that day shall continue to be subject to the provisions of Article 1.4 of the Act. land of that Article . The sickness benefit, referred to in the first sentence, is not paid after the period of time for which the employee is based on the Article 29b As it was stated on the day before the entry into force of Article 1.4 (G) of the Inlining and Financing Act (Wet Work and Income for Work and Employment Law).
In relation to persons who have become ill on or after 1 January 2004 but before 15 August 2004, in Article 29b, first paragraph, part c, introductory wording , for ' intended in Article 24 or -25, ninth member, of that law ' Read: Article 24 of that Act or the period resulting from the application of Article 123b, 2nd paragraph, of the Law of Work and Income to Labor .
No entitlement to sickness benefit has the person concerned by the person concerned Article 1 of the Law on incapacity for work .
1 The Article 19, fifth paragraph , 29, 6th paragraph , 30, fifth and sixth members , and 38ab shall not apply in respect of the right to sickness benefit of persons who, prior to the date of entry into force of the Law of 12 December 2007, laying down rules on the promotion of the activation of persons entitled to benefits Under the Act of Health (Stb. 2007, 553) were entitled to sickness benefit.
2 With respect to persons for the entry into force of the Law of 12 December 2007, laying down rules on the promotion of the activation of persons entitled to benefits under the Act of Health (Stb). 2007, 553) were entitled to sickness benefit in respect of that right Articles 29a, sixth paragraph , 38a , 45, 1st Member , and 72c, second member , as they applied on the day before the entry into force of the law referred to in paragraph 1.
In proceedings to become applicable to the Article 52a, third paragraph , the judge shall, at the request of one of the parties or of its own motion, prescribe a period within which the parties shall be given the opportunity to adapt their theses and conclusions, as appropriate, to Article 52a, third paragraph . If the courts are to be adjusted to such an opportunity, the courts shall not open a remedy for that decision; the judge shall reject an application for that purpose, and a remedy shall be brought against it only at the same time as the end pronunciation open.
The articles of this law such as these in effect before the date of entry into force of the Temporary legislation on compensation for labour costs in cases of illness of elderly and long-term unemployed , shall continue to apply to the service relationship specified in: Article 3 , 4 , or 5 , which were entered before that date.
In respect of insured persons who claim sickness benefit on the basis of Article 29, second paragraph, part e, f or g , whose first day of incapacity for work is due to sickness before the day of entry into force of the disease. Article II (C) (2) of the Law amending Law amending the Law on Income with Sickness Benefit and the employers of those insured persons is Article 38, fourth paragraph As that stated on the day before the entry into force of Article II (C) (2) of the Law amending Law amending Law on Income with Sickness Benefit, applicable.
1 Article 19aa shall not apply to the insured person whose first day of incapacity to work is situated before the date of entry into force of the Article I, Section B of the Law Limits to sickness absence and incapacity for work . Articles 19a, third paragraph, part b , 19b, second paragraph , and 19c, 2nd Member , as these articles set out on the day before the entry into force of that law, they shall continue to apply to the insured person, intended in the first sentence.
2 To the insured person, whose first day of incapacity to work is situated before the day of entry into force of Article I, Section E of the Law Limits to sickness absence and incapacity for work is Article 29g does not apply and remains Article 30, first paragraph As that stated on the day before the entry into force of Article I (F) of that Act.
Article 19aa shall not apply to the insured person who:
a. Insured on the basis of Article 16 of the Incapacity Insurance Act ; or
(b) has the right to grant or re-opening of an incapacity for work on the basis of the Articles 19a , 20 , 43a Other 47 , 47a or 47b of that Act .
1 The Articles 15 and 16 and the provisions based thereon and Article 29, seventh paragraph , as they were in the day prior to the entry into force of Article XXVIII, Part A, of the Act of Work and Security , continue to apply with regard to the employee whose first day of unemployment on the grounds of Unemployment law is situated before that entry into force, provided that the right to sickness benefit, as referred to in Article 29 (2), has been created for the purposes of transposition, Article 130z, second paragraph or 130aa, 1st member, of the Unemployment Act .
Article 2 This Article shall expire on a date to be determined by Royal Decree.
1 Article 30, fifth and sixth paragraphs , and the related provisions such as these in the day prior to the date on which the Article XXVIII (B) of the Act on Employment and Security has entered into force, shall continue to apply to a right to benefit which is the first day of the disease prior to the day of its entry into force.
Article 2 This Article shall expire on a date to be determined by Royal Decree.
1 By way of derogation from the Article 29, fifth paragraph , and 76a, third and eighth member The period of six weeks specified shall apply to a period to be determined by the Royal Decree of 13 weeks in the case of the worker who is the person to whom the Article 7 (a) of the General old-age law has reached that age.
2 If the disease incapacity has commenced before the date on which the worker reaches the age referred to in paragraph 1, from that date for the application of Article 76a, third and eighth member , the period referred to in the first paragraph, in so far as the total period does not exceed 104 weeks.
3 As from the date referred to in paragraph 1, it shall apply in the Article 29, fifth paragraph , and 76a, third and eighth member The period of six weeks provided for, provided that the total period does not exceed 13 weeks.
4 Time, as referred to in paragraph 1, shall not be established earlier than after:
a. Our Minister of Social Affairs and Employment a report on the effectiveness and effects of the Act after the AOW pension age (Chamber pieces 34 073) has been sent to the two Chambers of the States-General in practice during the first two years after the entry into force of that Act; and
b. Eight weeks have elapsed after the intention to establish that time has been communicated to the two Chambers of the States-General.
1 The in Article 76a, first paragraph , that period of 104 weeks shall remain for six months from the date of entry into force of this Regulation. Article III (F) of the Act after the AOW pension age applicable to the worker:
a. which at the day before the date of entry into force at least the Article 7 (a) of the General old-age law has reached such age, or within six months after that date, and
b. which, before the date of entry into force and also, whether or not after a break for less than four weeks, is prevented from performing the service or performing the post due to incapacity due to illness.
2 After expiry of the period of six months referred to in paragraph 1, the Article 104 the period of 13 weeks referred to as the total period of entitlement to remuneration as referred to in the Remuneration Decision Civil and civil servants 1984 , in addition, it does not exceed 104 weeks.
Article 63e shall not apply to the extent that the first day of incapacity to work is situated before the date of entry into force of this Regulation. Article III (D) of the Act after the AOW pension age .
Burdens and orders, which are in the State Sheet will be placed, and that all of the Ministerial Departments, Authorities, Colleges and Officials, who so concern, will keep their hands on the precise execution.
Issued on the Loo, den 5den June 1913
WILHELMINA.
The Minister for Agriculture, Industry and Trade,
A. S. TALMA.
Issued the nineteen June 1913.The Minister of Justice, ad interim,
OHEMSO.
