Key Benefits:
Decision of 23 August 1989 establishing a general measure of administration as referred to in Article 3 (3) and (4) of the Law on incapacity for work, Article 3, third and fourth paragraph, of the Law on sickness insurance, and Article 3, third paragraph, of the Law on Inconformity and 4th member, 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 12 May 1989, Directorate-General for Social Security, Social Insurance Executive, Department of Workers ' Insurance, Division of Employment, No. SZ/SVW/89/2566;
Having regard to Article 3, third and fourth paragraphs, of the Disability Insurance Act ( Stb. 1987, 89), Article 3, third and fourth paragraph, of the Law on sickness ( Stb. 1987, 88) and Article 3, third and fourth paragraph, of the Unemployment Act ( Stb. 1987, 93);
The Council of State heard (opinion of 5 July 1989, No W12.89.0249);
Having regard to the further report of the Secretary of State for Social Affairs and Employment of 16 August 1989, Directorate-General for Social Security, No SZ/SV/SVW/89/3774;
Have found good and understand:
For the purpose of this Decision:
a. Employee insurance: The Incapacity for work insurance , the Law employment and income to work , the Disease law and the Unemployment law ;
b. employed in the Netherlands, or are employed: carry out work in the Netherlands or on the continental shelf;
c. employed outside the Netherlands, or are employed: carry out work outside the Netherlands and the continental shelf;
ed. Dutch social security benefit: a benefit on the basis of the Unemployment law , the Disease law , Chapter 3, Section 2, of the Law of Work and Care , the Incapacity for work insurance , the Law employment and income to work , the Law for incapacity for the self-employed , the Income Provision of the older unemployed , the Law and employment support young people with disabilities , the General Old-age Law and the General Survivors Act and the General Child by-entry law .
As a worker within the meaning of the employees ' insurance, the Dutchman who is employed by an employer resident or established in the Netherlands shall be regarded as part of the crew of a sea vessel and shall be resident on board that vessel.
A person who is not resident in the Netherlands and is a member of the employed, flying or inland waterway who is a member of an employer resident or established in the Netherlands who is a member of the Netherlands who is a member of the Netherlands who is not resident in the Netherlands who is resident in the Netherlands and who is an international carriage, unless he or she is principally engaged in work in the country of residence or works at a branch or a permanent representation of that employer outside the Netherlands.
1 Without prejudice to: Articles 4a and 4b For the purposes of the employees ' insurance, an employed person shall be deemed to be an employee:
(a) has the nationality of one of the Member States of the European Union, a State party to the Agreement on the European Economic Area or Switzerland;
(b) resides outside the Netherlands in another Member State of the European Union, a State party to the Agreement on the European Economic Area, or Switzerland;
c. a service related to an employer resident or established in the Netherlands; and
d. Work done for the employer, referred to as part c, and is outside:
1 ° Netherlands or any other Member State of the European Union;
2 ° a State party to the Agreement on the European Economic Area, or
3 ° Switzerland.
2 The person who is an employed person within the meaning of the employees ' insurance shall be deemed to be:
a. does not have the nationality referred to in paragraph 1 (a);
(b) who is legally resident outside the Netherlands in the territory of another Member State of the European Union, except Denmark;
c. a service related to an employer resident or established in the Netherlands; and
d. Work carried out for the employer, referred to in Section C, and is outside:
1 ° Netherlands or any other Member State of the European Union;
2 ° a State party to the Agreement on the European Economic Area, or
3 ° Switzerland.
As an employed person within the meaning of the employees ' insurances, the Dutchman and the foreigner shall be regarded as Article 8 (a) to (e) or (l) of the Aliens Act 2000 who live in the Netherlands are employed, flying or on the internal waterways of an employer who is resident or established outside the Netherlands, and is principally engaged in work or works in the Netherlands or at a branch or a permanent office in the Netherlands. representation of that employer in the Netherlands.
1 As an employee within the meaning of the employees ' insurances, is considered the Dutchman who is Article 8 (a), third paragraph (a), (a), (4), (5) or (6) of the Rules of the Rules of the Rules of Procedure is active in a representation of the Kingdom of the Netherlands abroad as intended Article 7, second paragraph, of the Rules of Procedure Unless:
a. In the case of work outside the Netherlands, work other than the work referred to in the chapeau; or
b. receives a benefit under a foreign legislation on social security.
2 As an employed person within the meaning of the employees ' insurance, it shall be considered to be the private servant employed by the insured person referred to in the first paragraph, unless he:
a. A national of the receiving State;
b. at the time of recruitment was not resident in the Netherlands;
c. Work done outside the Netherlands other than on the basis of the provision referred to above; or
d. receives a benefit under a foreign legislation on social security.
1 As an employed person within the meaning of the employees ' insurances, the Dutchman shall be regarded as not already covered by the provisions of Article 4a Where, on the basis of a service, a legal person governed by public law is engaged in employment outside the Netherlands for the benefit of that legal person, unless he:
a. At the time of recruitment, not living in the Netherlands;
b. Work outside the Netherlands is different from that provided for in the aforementioned provision;
(c) receives benefit under a foreign legislation on social security; or
d. be employed by an organisation of international law by our Minister, Our Minister for Health, Welfare and Sport, and our Minister of the Interior and of the Kingdom of the Kingdom of the Netherlands, and a social security scheme for the that organization is applicable.
2 By way of derogation from paragraph 1 (b), as an employed person, a Dutchman employed by a legal person governed by public law in Aruba, Curaçao, Sint Maarten or in public bodies shall be regarded as an employed person within the meaning of the insurance business. Bonaire, Sint Eustatius or Saba provided that he is broadcast by the Dutch government.
The foreign worker shall be regarded as an employed person within the meaning of the employees ' insurances:
rightfully resides in the Netherlands stay within the meaning of Article 8 (f) to (k) of the Aliens Act 2000 ,
if:
a. in the Netherlands, with the exception of the continental shelf, in accordance with the Foreigners law employment in employment;
b. carried out on the continental shelf labour in service.
The person who lives in the Netherlands, but outside the Netherlands, is employed in employment and is insured against the pecunious effects of long-term employment, as a worker within the meaning of workers ' insurance, is not considered to be a worker. (i) incapacity for work and unemployment on the basis of a legal system in force in the country where he operates.
1 As a worker within the meaning of the employees ' insurances, the diplomatic officer and the consular officer, other than honorary consul, shall not be considered to be from any other power, unless:
a. In the Netherlands, work in the service of employment other than that of the provision referred to; or
b. Receive a Dutch social security benefit.
2 As an employed person within the meaning of the employees ' insurance, the members of the administrative, technical and operating staff of the diplomatic mission or of another power sent to the Netherlands shall not be considered as having been sent to the Netherlands; if they are active in the Netherlands for less than 10 years, unless they:
a. Dutchman are;
b. lived at the time of recruitment in the Netherlands;
c. Work on employment in the Netherlands other than the work referred to in the introductory part; or
d. Receive a Dutch social security benefit.
3 As an employed person within the meaning of the employees 'insurance, the members of the administrative, technical and servants' staff of the diplomatic mission or consular post of another power and the private sector shall not be regarded as an employee. servants employed by the official referred to in the first paragraph, or of the members of the staff referred to in paragraph 2, if they were already employed before 1 August 1987, and as of 1 August 1987, as such, unabated in such a way as to be employed by the staff member. service, unless they are:
a. In the Netherlands, work on employment does not exceed the work referred to in the chapeau; or
b. Receive a Dutch social security benefit.
By way of derogation from the first sentence, the members and the private operators referred to therein shall be regarded as employees within the meaning of the employees 'insurances if they were already in the form of workers' insurance on 31 July 1987.
4 As an employed person within the meaning of the employees ' insurance, it is not considered to be the private servant employed by the official referred to in the first paragraph, or of the members of the staff referred to in the second paragraph, if he is less than ten year in the Netherlands and the social insurance scheme of another power is applicable to him, unless he:
a. Dutchman is;
b. lived at the time of recruitment in the Netherlands;
c. Work on employment in the Netherlands other than in the case of the provision of employment; or
d. receives a Dutch social security benefit.
1 The person who is employed by an international organisation and who is subject to the social security scheme of that organisation shall not be regarded as an employed person within the meaning of the insurance contract unless he/she:
a. Work on employment in the Netherlands other than that of the provision referred to above; or
b. receives a Dutch social security benefit.
2 The international organizations referred to in paragraph 1 shall be appointed by Our Minister and Our Minister for Health, Welfare and Sport in accordance with our Minister for Foreign Affairs.
3 As an employee within the meaning of the employees ' insurance, it is not considered to be the private servant of the person referred to in paragraph 1, who is employed under international law, if he is in the Netherlands and at less than 10 years of age he shall be subject to the social insurance scheme of another power, unless he:
a. Dutchman is;
b. lived at the time of recruitment in the Netherlands;
c. Work performed in the Netherlands other than by virtue of the provision referred to above; or
d. receives a Dutch social security benefit.
1 As an employee within the meaning of the employees ' insurance, it is not considered to be the person who:
a. Minister Plenipotentiary, Minister Plenipotentiary of Curaçao or Minister Plenipotentiary of Sint Maarten, or
b. as an official has been added to any of the item A persons referred to, or
c. as an official of Aruba, Curaçao, Sint Maarten, or the public entities Bonaire, Sint Eustatius of Saba, or a public-law legal person from one of the three countries or public entities in the Netherlands, performs a study order,
provided that it is insured against the pecuniary effects of long-term incapacity for work and unemployment on the basis of a legal regime in force in Aruba, Curaçao, Sint Maarten, or the public entities Bonaire, Sint Eustatius and Saba.
2 The first paragraph shall apply only to matters relating to the employment in which a function referred to in that paragraph is exercised.
An employed person within the meaning of the workers ' insurance shall not be regarded as being part of the crew of a seagoing vessel, provided that he lives on board that vessel.
The person who lives in the Netherlands is not regarded as an employed person within the meaning of the business insurance business of an employer resident or established outside the Netherlands who resides in the Netherlands and who is resident or established outside the Netherlands and who is resident in the Netherlands and who is not resident in the Netherlands. international transport is insured against the pecunious effects of long-term incapacity for work and unemployment on the basis of a legal basis in the country, where his employer is resident or is established, to the effect that the arrangement, unless he or she is principally engaged in work in the Netherlands or works at a branch or a branch fixed representation of that employer in the Netherlands.
The person not residing in the Netherlands shall be regarded as an employed person within the meaning of the employees ' insurances of an employer residing in the Netherlands or established in the Netherlands and principally employed in the inland waterway and in the main proceedings of a person who is not resident in the Netherlands. work in the country of residence or work at a branch or a fixed representation of that employer outside the Netherlands.
The person employed or established in the service of an employer resident or established outside the Netherlands shall be part of the crew of a sea or inland vessel and shall not be considered to be an employed person within the meaning of the workers ' insurance business. The Netherlands is active.
1 The person who does not reside in the Netherlands and who is subject to payroll tax in respect of work performed as a musician or otherwise as an artist in employment shall not be regarded as an employed person within the meaning of the worker's insurance, if the person who does not reside in the Netherlands is subject to the payroll tax, if he who is working for a short period of time in the Netherlands.
2 For the purposes of application of paragraph 1, an artist shall be assimilated to an occupation of a branch of sport.
1 As an employed person within the meaning of the employees ' insurances, the person shall not be considered to be the person otherwise than intended to Article 7 , 8 or 12 The Netherlands, who is resident outside the Netherlands, is employed by an employer resident or established outside the Netherlands and is temporarily employed in the Netherlands, if it can be assumed at the start of his work, that it has not been counted for more than six months, will be carried out in the Netherlands from the start of that work.
2 Our Minister is empowered to derogate from the first member in certain cases and the time limit specified therein. An extended period of leave outside the Netherlands and on the continental shelf shall not apply to the interruption of both the period referred to in paragraph 1 and the time limit laid down after application of the first sentence.
1 The UWV may provide that, for a period of not more than two years, the UWV shall not be regarded as an employee within the meaning of the employees ' insurance.
a. does not live sustainably in the Netherlands;
b. employed by a non-profit-making foreign institution located in the Netherlands; and
(c) is insured under the social security scheme of another power.
The request referred to in the first sentence may be made only by the institution referred to in that sentence.
2 The period referred to in paragraph 1 may be extended by not more than two years on request.
As an employee in the sense of worker insurance is not considered to be the foreigner who legitimately resides in the Netherlands within the meaning of Article 8 (a) to (e) or (l) of the Aliens Act 2000 In the Netherlands, except the continental shelf, he carries out employment in services without the use of the Foreigners law is satisfied.
Article 7, third paragraph , does not apply in respect of the private servant referred to in that paragraph, if that person is insured on the day of the entry into force of the Decision of 11 December 2014 amending the Decision of the extension and restriction of the group of persons insured under the Decision of 11 December 2014 1999, the extension and restriction of the insured workers ' insurance policies 1990 and the extension and restriction of the group of residents were Wet Wajong (Stb). 514) employee was in the sense of employees ' insurance.
The Decision of 24 December 1986, Stb. 654, is hereby repealed.
This Decision shall enter into force on 1 January 1990.
This decision may be cited under the heading 'Decision extending and restricting workers' insurance policies 1990 '.
Liabilities and orders, that this Decision, together with its explanatory note in the State Sheet will be placed and copies thereof will be sent to the Council of State.
' s-Gravenhage, 23 August 1989
Beatrix
The Secretary of State for Social Affairs and Employment,
L. de Graaf
Published on 5 October 1989The Minister of Justice,
F. Korthals Altes
