Key Benefits:
Decision of 29 December 1986 laying down a general measure of administration as referred to in Article 16 (3) of the Unemployment Act
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the proposal of the Secretary of State for Social Affairs and Employment of 1 December 1986, Directorate General for Social Security, Directorate for Social Insurance, Department of Social Insurance, Department of Workers ' Insurance, Division of Employment, No. SZ/SV/SVW/86/10095;
Having regard to Article 16, third paragraph, of the Unemployment Act (Stb. 1986, 566);
The Council of State heard (opinion of 18 December 1986, No W12.86.0635);
Having regard to the further report of the Secretary of State for Social Affairs and Employment of 23 December 1986, Directorate-General for Social Security, Social Insurance Executive, Department of Workers ' Insurance, Division of Employment, No. SVW/86/10942;
Have found good and understand:
1 If accumulated loss of labor hours as specified in 16, third member, of the Unemployment Act shall be considered:
a. A first loss of less than five or less than half the number of working hours per calendar week, after which one or more subsequent losses of working hours occur in another calendar week in a period of one year from the day on which the working hours have been the first loss of less than five or less than half the number of working hours occurs;
b. a first loss of at least five or at least half the working hours per calendar week, after which, in another calendar week, one or more subsequent losses of working hours occur from at least 5% or half of the number of working hours. labor hours in a period of 26 calendar weeks after the first day of unemployment.
2 A first loss as referred to in the first paragraph, part A It shall be taken into account only if, by reason of its size, this loss does not result in a right to benefit, whereas, moreover, all the conditions for entitlement to benefit are satisfied.
3 A first loss as referred to in the first paragraph, part B It shall be taken into account only where the right to benefit has been granted in respect of that loss.
Consecutive loss of labor hours as specified in Article 1 (a) , at the employee's request, count to one loss of working hours until the consecutive loss of working hours total at least five or at least half the number of working hours per calendar week prior to the year preceding the month of work. First loss of working hours shall be considered as a loss of at least five hours or at least half the number of hours worked.
1 The UWV counts, with due regard to Article 2 , consecutive loss of labor hours as referred to in Article 1 (b) In so far as it relates to a service or one or more of the services for which the former is the place of employment together with one loss of working hours.
2 Application of the first paragraph shall not affect the day on which entitlement to benefits arises.
1 The loss of working hours specified in Article 1 That occurs in a calendar week from the day of occurrence of an earlier loss of working hours is calculated by subtracting the number of working hours in that calendar week from the average number of hours worked in the calendar week. calendar weeks of the previous loss up to and including the calendar week preceding that in which the next loss occurs.
2 If an added loss of working hours, plus the number of hours remaining at work exceeds the number of hours of work prior to an earlier loss of working hours, the amount of the last loss shall be determined so that the loss of working hours exceeds the number of hours worked. Accumulated loss, plus the remaining working hours, equal to the number of hours worked prior to the previous loss of labor hours.
3 If application of this Article leads to a manifest unreasonable result, the UWV shall be entitled to leave out one or more calendar weeks and the hours of work situated during those weeks.
For the employee, for the purpose of Article 18 of the Unemployment Act , the number of calendar weeks in which he has suffered working hours in the service from which he has lost working hours shall be taken into account as a period of time for calculating the number of working hours, with a maximum of 26 calendar weeks.
This Decision shall enter into force on 1 January 1987. If: State Sheet in which this Decision is to be issued, shall be issued after 30 December 1986, the Decision shall enter into force from the second day following the date of issue of the decision. State Sheet in which it is placed and acts on the basis of the decision back to 1 January 1987.
This Decision may be cited under the heading 'Decision on the loss of working hours'.
Liabilities and orders, that this Decision, together with the accompanying note of explanatory notes in the State Sheet will be placed and copies thereof will be sent to the Council of State.
' s-Gravenhage, 29 December 1986
Beatrix
The Minister for Social Affairs and Employment,
J. the King
Issued at the end of the December 1986The Minister of Justice,
F. Korthals Altes
