Key Benefits:
Decision of 4 June 1996 amending and derogating from certain decisions relating to the strengthening of the conditions for the granting of reoccupation in connection with the extension of the reduction of working hours and the application of the of the scheme to promote employment participation in the elderly
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the nomination of Our Minister of Education, Culture and Science of 17 April 1996, No 96009579/3700, Management Committee and Legal Affairs, acting on behalf of our Minister for Agriculture, Nature Management and Fisheries;
Having regard to Article 96a, first and second paragraphs, of the Basic Education Act, Article 93a, first and second paragraphs, of the Interim Law on special education and secondary education, the Articles 84 and 85a of the Secondary Education Act , Article 69 of the Education Care Act and Article 12.1.2, second paragraph , in conjunction with the Articles 12.3.36 , 12.3.38 and 12.3.39 of the Education and Vocational Education Act ;
The Council of State heard (opinion delivered on 22 May 1996, No W05.96.0166);
Having regard to the further report by Our Minister of Education, Culture and Science, of 3 June 1996, No 96014182/3700, Management Committee and Legal Affairs, released on behalf of our Minister of Agriculture, Nature Management and Fisheries;
Have found good and understand:
From Article 2 A By derogation from the Formal Decision of the Day Schools of the School of the Day of the Day of the Day of 31 December 1995, the following shall be derogated from as from the date of entry into force of this Decision:
1. in the first paragraph, after 'with the application of' shall be replaced by 'the application of': Law on education and vocational education Established scheme which corresponds to;
2. in the first paragraph after " Legal position decision on education staff ' shall be replaced by the following: as at 31 July 1996;
3. in paragraph 2
1 °. after the term 'application of that scheme' is replaced by the following: at least until 31 July of the current school year;
2 °. after 'appointing staff that' shall be read: at least one month;
3 °. after the latter 'resettlement allowance' is read: and that would have been entitled to such a payment or waiting money for at least half a year;
4 °. the phrase " or if the competent authority is resignable by re-occupation of the corresponding number of hours in the event of a negative mutation of the formative development exceeding the size of the Natural turnover " applies only if:
a. the dismissal completely and inevitably arises from the decrease in the number of normative places, reduced by the fall due to natural course and other redundancies,
(b) the competent authority shall certify that the person concerned is placed in that formation space at the time of release for the establishment of the establishment,
(c) hereby declares that it has jurisdiction to report to the Employment Regional Administration referred to in Article 8, first paragraph, of the Labour Supply Act, of any vacancy left in the course of the school year at the school or school of schools of the competent authority becomes available; and
(d) the competent authority declares that vacancies, not seeking to replace temporary staff, which arise during the school year from the school or schools of the competent authority, will not be carried out differently than by the appointment of an office of staff referred to in paragraph 2, up to a minimum of twice the number of hours corresponding to the percentage specified in paragraph 2 which, on 1 August of the current school year in the school or schools of the competent authority, shall be equal to the number of persons concerned. Reoccupation was available.
From Article 6 A Derogation from the formative decision of 31 December 1995 in that regard shall be derogated from the date of entry into force of this Decision:
1. in the first paragraph, after 'with the application of' shall be replaced by 'the application of': Law on education and vocational education Established scheme which corresponds to;
2. in the first paragraph after " Legal position decision on education staff ' shall be replaced by the following: as at 31 July 1996;
3. in paragraph 2
1 °. after the term 'application of that scheme' is replaced by the following: at least until 31 July of the current school year;
2 °. after 'appointing staff that' shall be read: at least one month;
3 °. after 'repositioning waiting money' is replaced by the following: and that for at least half a year it would be entitled to such a benefit or waiting money;
4 °. the phrase " or if the competent authority is resignable by re-occupation of the corresponding number of hours in the event of a negative mutation of the formative development exceeding the size of the Natural turnover " only applies if:
a. the dismissal completely and inevitably arises from the decrease in the number of normative places, reduced by the fall due to natural course and other redundancies,
(b) the competent authority shall certify that the person concerned is placed in that formation space at the time of release for the establishment of the establishment,
(c) hereby declares that it has jurisdiction to report to the Employment Regional Administration referred to in Article 8, first paragraph, of the Labour Supply Act, of any vacancy left in the course of the school year at the school or school of schools of the competent authority becomes available; and
(d) the competent authority declares that vacancies, not seeking to replace temporary staff, which arise during the school year from the school or schools of the competent authority, will not be carried out differently than by the appointment of an office of staff referred to in paragraph 2, up to a minimum of twice the number of hours corresponding to the percentage specified in paragraph 2 which, on 1 August of the current school year in the school or schools of the competent authority, shall be equal to the number of persons concerned. Reoccupation was available.
Of Articles E. 2 A , F. 5 A and H. 3 A Derogation from the W.C.B.O. Implementing Decision as from 31 December 1995, shall be derogated from the date of entry into force of this Decision for each of the following:
1.the first paragraph shall be replaced by the following: the application of the Law on education and vocational education Established scheme which corresponds to;
2. in the first paragraph after " Legal position decision on education staff ' shall be replaced by the following: as at 31 July 1996;
3. in paragraph 2
1 °. after the term 'application of that scheme' is replaced by the following: at least until 31 July of the current school year;
2 °. after 'appointing staff that' shall be read: at least one month;
3 °. after the latter 'resettlement allowance' is read: and that would have been entitled to such a payment or waiting money for at least half a year;
4 °. the phrase " or if the competent authority is resignable by re-occupation of the corresponding number of hours in the event of a negative mutation of the formative development exceeding the size of the Of course, the term 'substandard' or if the management of the corresponding number of hours is resignable in the event of a negative mutation of the formative development which is greater than that of the then the magnitude of the natural gradient will be applied only if:
a. the dismissal completely and inevitably arises from the decrease in the number of normative places, reduced by the fall due to natural course and other redundancies,
(b) the competent authority shall certify to the Steering Board that the person concerned is placed in that formational area in the event of a release for the establishment of the establishment,
(c) the competent authority shall declare that the Board of Governors shall refer to the Regional Employment Authority referred to in Article 8 (1) of the Labour Supply Act, of any vacancy which may arise in the course of the employment school at the school or schools of the competent authority will be available to the Board of Directors or other members of the Board, and
(d) the competent authority shall declare the Steering Board vacant, not seeking to replace temporary non-personnel who, in the course of the school year at the school or schools of the competent authority, shall be appointed to the Board of Directors not to fulfil otherwise than by appointing staff as referred to in the second paragraph, up to a minimum of two times the number of hours corresponding to the percentage specified in the second paragraph which on 1 August of the year the school or schools of the competent authority in the course of the current school year for the administration of Reoccupation was available.
From Article 32 A By way of derogation from the Decision of the Decision of the Youth for Youth 1994 as of 31 December 1995, it is hereby waived as from the date of entry into force of this Decision:
1.the first paragraph shall be replaced by the following: the application of the Law on education and vocational education Established scheme which corresponds to;
2. in the first paragraph after " Legal position decision on education staff ' shall be replaced by the following: as at 31 July 1996;
3. in paragraph 2
1 °. after the term 'application of that scheme' is replaced by the following: at least until 31 July of the current school year;
2 °. after 'appointing staff that' shall be read: at least one month;
3 °. after 'repositioning waiting money' is replaced by the following: and that for at least half a year it would be entitled to such a benefit or waiting money;
4 °. the phrase " or if the competent authority is resignable by re-occupation of the corresponding number of hours in the event of a negative mutation of the formative development exceeding the size of the Natural turnover " only applies if:
a. the dismissal completely and inevitably arises from the decrease in the number of normative places, reduced by the fall due to natural course and other redundancies,
(b) the competent authority shall certify that the person concerned is placed in that formation space at the time of release for the establishment of the establishment,
(c) hereby declares that it has jurisdiction to report to the Employment Regional Administration referred to in Article 8, first paragraph, of the Labour Supply Act, of any vacancy left in the course of the school year at the school or school of schools of the competent authority becomes available; and
(d) the competent authority declares that vacancies, not seeking to replace temporary staff, which arise during the school year from the school or schools of the competent authority, will not be carried out differently than by the appointment of an office of staff referred to in paragraph 2, up to a minimum of twice the number of hours corresponding to the percentage specified in paragraph 2 which, on 1 August of the current school year in the school or schools of the competent authority, shall be equal to the number of persons concerned. Reoccupation was available.
From Article 6 A the Implementing Decision KVE 1991 is derogated from the date of 31 December 1995 to that effect as from the date of entry into force of this Decision:
1.the first paragraph shall be replaced by the following: the application of the Law on education and vocational education Established scheme which corresponds to;
2. in the first paragraph after " Legal position decision on education staff ' shall be replaced by the following: as at 31 July 1996;
3. in paragraph 2
1 °. after the term 'application of that scheme' is replaced by the following: at least until 31 July of the current school year;
2 °. after 'appointing staff that' shall be read: at least one month;
3 °. after 'repositioning waiting money' is replaced by the following: and that for at least half a year it would be entitled to such a benefit or waiting money;
4 °. the phrase "or if the management of the specified number of hours is resignable in the case of a negative mutation of the formative development which exceeds the size of the natural state". procedure " only applies if:
a. the dismissal completely and inevitably arises from the decrease in the number of normative places, reduced by the fall due to natural course and other redundancies,
b. The Steering Board shall certify that the person concerned is placed in that formational area in the event of a release for the establishment of the establishment,
The Board of Management states that the Board of Governors shall refer to the Employment Services Act referred to in Article 8 (1) of the Labour Supply Act, of any vacancy left in the course of the school year at the school or schools of the Labour Market. management available, and
d. the board declares vacancies, not seeking to replace temporarily absent staff, which arise during the school year at the school or schools of directors, will not be different than through appointment of staff as a staff member. Referred to in paragraph 2, up to a minimum of twice the number of hours corresponding to the percentage specified in the second paragraph which on 1 August of the current school year at the school or schools of the board of reoccupation was available.
From Article 2 A The decision to finance the financing of innovation and practice, as it was said by 31 December 1995, is to be derogated from as from the date of entry into force of this Decision:
1. in the first paragraph, after 'with the application of' shall be replaced by 'the application of': Law on education and vocational education Established scheme which corresponds to;
2. in the first paragraph after " Legal position decision on education staff ' shall be replaced by the following: as at 31 July 1996;
3. in paragraph 2
1 °. after the term 'application of that scheme' is replaced by the following: at least until 31 July of the current school year;
2 °. after 'appointing staff that' shall be read: at least one month;
3 °. after 'repositioning waiting money' is replaced by the following: and that for at least half a year it would be entitled to such a benefit or waiting money;
4 °. the phrase " or if the Centre for Innovation and Practice has been resignable by re-occupation of the corresponding number of hours in the case of a negative mutation of the formative development exceeding the size of the of the natural course " shall apply only if:
a. the dismissal completely and inevitably arises from the decrease in the number of normative places, reduced by the fall due to natural course and other redundancies,
b. The Innovation and Practice Centre declares that the person concerned is placed in that formational room in the event of a release,
c. The Innovation and Practice Centre declares that the Employment Services Act referred to in Article 8 (1) of the Labour Supply Act of each of the vacant posts in the course of the school year is to be reported to the Regional Labour Authority. Innovation and practical centre is available, and
d. the Innovation and Practice Centre declares that vacancies, not seeking to replace temporary absent staff, which arise during the school year at the Innovation and Practice Centre, will not be carried out differently from the appointment of an open staff member. of staff referred to in paragraph 2, up to a level of at least twice the number of hours corresponding to the percentage specified in paragraph 2 of this Article for the Innovation and Practice Centre for the period running on 1 August of the current school year, Reoccupation was available.
1 Article XV of the Decision of 3 November 1995 ( Stb 571) shall apply by analogy for the 1996-1997 school year, with the proviso that, for that school year, the extent of the size referred to in that Article XV, in which a primary school of primary school, special education and special education, is to be used for the (i) education, and special and secondary education specifically used for the reduction of working hours or the elderly population scheme, is set at 30% of the size used for the school year 1994-95. Reduction of working hours or job lighting scheme seniors.
2 The first paragraph shall apply mutatis mutandis to a secondary school, subject to the extent to which the size of the school for the school year from 1994 to 1995 has been used in formation accounts. the reduction in working hours or job lighting arrangements for the 1996-97 school year shall be 30% and divided by the part factor applicable to the school concerned, according to the following table:
a. schools/school communities mavo and vbo 200
b. Schools/plaice communities vwo and havo 235
c. training communities (vwo-) havo/mavo 226
d. training communities (vwo-) havo/mavo/vbo 216.
Article XVII of the Decision of 3 November 1995 ( Stb 571) for the 1996-97 school year shall apply mutatis mutandis, except that for that school year, the number of formation units referred to at the end of the first paragraph of that article shall be applied to institutions under the Implementing Decision W.O.V. is set at 3.5.
1 The Articles I , III , and V to: XIII enter into force with effect from 1 August 1996.
2 Article II shall enter into force on a date to be determined by royal decree. The latter shall not be taken until four weeks have elapsed after the present decision has been submitted to the Second Chamber of the States-General and shall not, during that period, be given by or on behalf of the Second Chamber. that the subject governed by this Decision is governed by the law.
3 Article IV shall enter into force on a date to be determined by royal decree. The latter decision shall not be taken until four weeks have elapsed after the present decision has been submitted to the two Chambers of the States-General.
Burden and order that this Decision, together with the accompanying note of explanatory note to the State Sheet will be placed.
' s-Gravenhage, 4 June 1996
Beatrix
The Minister of Education, Culture and Science,
J. M. M. Ritzen
The Minister for Agriculture, Nature Management and Fisheries,
J. J. van Aartsen
Published on 25 June 1996The Minister of Justice
W. Sorgdrager
