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Decision of 14 October 2000 laying down rules on the amount of administrative fines to be imposed on the basis of certain social security laws and the time of entry into force of certain legal provisions (Decree-Law of the European Parliament) (Bote Decision) social security laws)
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, J.F. Hoogervorst, acting on behalf of our Minister of Social Affairs and Employment, of 4 July 2000, Social Insurance Executive Board, No SV/UB/00/42726;
Having regard to the articles 14a, seventh paragraph, of the General Assistance Act , 17, seventh member, of the Law on Income Artists , 20a, seventh member, of the Income Provision Act older and partially unemployed unemployed workers , 20a, seventh paragraph, of the Income Provision Act older and partly incapacitated self-employed workers , 27a, seventh member, of the Unemployment Act , 45a, seventh member, of the Disease Act , 29a, seventh member, of the Disability Insurance Act (Wet op de Disability Insurance) , 48, seventh member of the Incapacity Insurance Act , 40, seventh member, of the Law on incapacity for work, young people with disabilities , 14a, seventh member, of the Toeslagenwet , 17c, seventh member, of the General old-age law , 39, seventh member, of the General Survivors Act , 17a, seventh member, of the General Child Allowances Law , Article 46 (7) of the Law on the integration of disabled persons ;
The Council of State heard (opinion of 11 August 2000, no. W12.00.0269/IV);
Having regard to the further report by Our Minister for Social Affairs and Employment, also expressed on behalf of the Secretary of State for Social Affairs and Employment, J. F. Hoogervorst, of 11 October 2000, Social Insurance Executive Board, No SV/UB/00/64581;
Have found good and understand:
For the purposes of this Decision and the provisions based thereon, the following definitions shall apply:
a. ANW: General Survivors Act ;
b. AOW: General Old-age Law ;
c. LFS: General Child by-entry law ;
ed. IOAW: Income Provision of the elderly and partially unemployed unemployed workers ;
e. IOAZ: Law on income provision older and partly incapacitated self-employed workers ;
f. IOW: Income Provision of the older unemployed ;
g. RW: Law on Remigration ;
h. TW: Supplements Act ;
i. WAO: Incapacity for work insurance ;
j. WAZ: Law for incapacity for the self-employed ;
k. WW: Unemployment law ;
l. SW: Disease law ;
m. Wajong: Law on incapacity for work of young handicapped persons ;
n. Law WIA: Law employment and income to work ;
o. Law SUWI: Law structure implementing organisation work and income ;
P. Bending amount: The following definitions are given in the Articles mentioned in section r;
q. administrative penalty: the administrative penalty, specified in the Articles 27a of the WW , 21, of the IOW , 45a of the ZW , 29a of the WAO , 48 of WAZ , 2:69 and 3:40 of the Wajong , 14a of the TW , 17c of the AOW , 39 of the ANW , 17a of the AKW , 3:16 1st member, part o , and 3:27, 1st paragraph, part m, of the Law of Work and Care , 91of the WIA Act , 20a of the IOAW , 20a of the IOAZ , and 18a and 47g of the Act of Participation and 6b of RW ;
r. Information obligation: the obligation, for the purpose of the Articles 25 of WW , 12, 1st member, of the IOW , 31, 1st Member , and 49 of the ZW , 80 of the WAO , 70 of WAZ , 2:7, first and seventh member , and 3:74 of the Law on incapacity for work young handicapped , 12 of the TW , 49 of the AOW , 35 of the ANW , 15 of the AKW , 3:16, first paragraph, part g , and 3:27, 1st member, part f, of the Law of Work and Care , 27 of the Law of WIA , 13, 1st member, of the IOAW , 13, first member, of the IOAZ , 17, 1st member, of the Participating Act , 30c, 2nd and 3rd member, of the Law SUWI , and 5a of the RW ;
s. Employer: the employer within the meaning of the SW ;
t. employer's fine ZW/WAO: the administrative penalty, specified in the Article 38, third paragraph , 38a, 8th Member , and 63c of the ZW and Article 71a, third and fourth member, of the WAO like this article, before 1 April 2002.
1 The administrative penalty shall be determined on the level of the amount of the penance and, in the event of a repeated infringement of the information obligation, at 150% of the amount of the penance, on the understanding that at least € 150 shall be fixed. In the event of reduced reproach, the administrative fine shall be reduced.
2 The administrative penalty is rounded up to a multiple of € 10.
3 If the failure or failure to properly discharge the intelligence obligation has not resulted in a benzenary amount and is not sufficient to provide a written warning, the administrative fine shall be fixed at € 150. In the event of reduced reproach, the administrative fine shall be reduced.
1 When determining the amount of the administrative fine, the extent to which the conduct can be accused to the person concerned is assessed according to the circumstances in which the person concerned was at the time when he had to have the information obligation. -To
2 In assessing the extent to which the conduct may be known to the person concerned, the following criteria shall in any event lead to reduced reproach:
a. the person was wrong in unforeseen and unwanted circumstances, who are not in the normal pattern of life and who did not bring him into the factual impossibility of meeting the intelligence obligation, but that emotionally so Were dislocated that it is not fully imputable to the fact that the information has not been provided in good time or in full;
b. the person concerned was in such a spiritual condition that the offence is not fully charged to him; or
The person concerned did provide information, which was, however, incorrect or incomplete, or otherwise did not inform without delay of a change of circumstances, but from his own movement, provided the correct information prior to the infringement has been established, unless the data subject has provided this information in the context of the monitoring of compliance with an intelligence obligation.
1 The obligations referred to in the Articles 38, first paragraph and second paragraph, first sentence , 38a, second, third, fifth and sixth member , and 38b, 2nd and 3rd Member, of the ZW have not been properly complied with if:
a. The declaration of the unsuitability to work or the notification of the report is not done in due time; or
b. The date of the first day of incapacity to work, incorrectly stated of the last working day or recovery.
2 The obligation, in accordance with Article 63c, of the ZW , has not been complied with if the employer has not made the notification that he is not assisted by a person as referred to in that Article with regard to the mentoring of his sick employees, has not been made within 7 calendar days.
3 The obligation, in accordance with Article 38a, seventh paragraph, of the ZW has not been properly discharged if the employer has not made the notification within 7 calendar days.
1 The amount of the administrative fine referred to in the Article 38, third paragraph , 38a, 8th Member , and 63c of the ZW shall be:
a. € 70, if the declaration of the incapacity to work, the declaration of the last working day, the notification and the notification are no longer to be assisted by a person as referred to in the Annex. Article 63c of the ZW , or the notification, intended to Article 38a, seventh paragraph, of the ZW , done less than 7 calendar days late;
b. € 230, if the declaration of incapacity to work, the declaration of the last working day, the repair report and the notification respectively are no longer to be assisted by a person as intended for Article 63c of the ZW , or the notification, intended to Article 38a, seventh paragraph, of the ZW , 7 calendar days or more but less than 28 calendar days late have been done;
c. 455, if the declaration of incapacity to work, the declaration of the last working day, the notification and the notification are no longer to be assisted by a person as intended for the purpose of the declaration. Article 63c of the ZW , or the notification, intended to Article 38a, seventh paragraph, of the ZW , 28 calendar days or more has been done late;
d. 455, if the declaration of incapacity to work, the date of the last working day, the date of the recovery or the date since when the employer no longer has to be assisted by a person as referred to in the Article 63c of the ZW , or the notification, intended to Article 38a, seventh paragraph, of the ZW , incorrectly specified.
2 The administrative penalty for failure to comply with the obligations laid down in the Articles 38, first paragraph and second paragraph, first sentence , 38a, fifth and sixth Member , and 63c of the ZW is € 455.
1 If the employer is subject to the obligations, Article 71a, first, second or third member, of the WAO In the same way as that article was made before 1 April 2002, in respect of the employee or the insured person referred to in that Article whose first day of incapacity for work is situated before that date, Article 4 is Article 4 (1) of the Treaty. of the Decision of the ZW/WAO Employers ' 2002 penalty, which was the same as that used for the entry into force of this Decision.
2 If the employer is subject to the obligation Article 71a, fourth paragraph, of the WAO As that Article has not been fulfilled before 1 April 2002, in respect of the employee or the insured person referred to in that Article whose first day of incapacity for work is situated before that date, Article 5 of the Decision is fine ZW/WAO employers 2002, as used for the entry into force of this Decision, shall apply.
1 The Decision rates of administrative fines Abw, Ioaw and Ioaz shall be repealed.
2 [ Red: Change Implementing Decision WIK.]
1 The Decision on the Administrative Fines Abw, Ioaw and Ioaz, the BoeteDecree Tica, the BoeteDecree AOW, the BoeteDecree Anw and the BoeteDecree AKW, as set out on the day preceding the day of entry into force of this Decision, shall remain applicable to the non-or non-satisfactory fulfilment of the information obligation prior to the day of entry into force of this Decision.
2 If for the failure or failure to comply with the information requirements prior to the day of entry into force of this Decision, a lower administrative penalty would have to be imposed on the basis of this decision than on the basis of the Decision rates administrative fines Abw, Ioaw and Ioaz, the Articles 7 to 10 of the Implementing Decision WIK By way of derogation from the first paragraph, the BoeteDecree Tica, the BoeteDecree AOW, the BoeteDecree Anw or the Act of the BoeteDecree AKW shall apply this Decision.
3 The Act on Social Security, as it stands for 1 July 2007, continues to apply to the non-or non-satisfactory fulfilment of the information obligation prior to that date, unless the order in which the penalty is imposed imposed on or after that date and since then a more favourable fine applies.
Article 1 As that stated on the day preceding the day on which the Article 2.10 of the Act of Inlining and Financing Law Work and Income to Labor The Law REA has been repealed, shall continue to apply to administrative fines, obligations, subsidies and provisions until the day of the Law REA was revoked or has been applied for in the first case.
The Articles 2a and 2b As those luded on the day prior to the entry into force of Article VIII (L) and (M) of the Harmonization and Simplification of Social Security Law , continue to apply if Article 86d of the ZW is applicable.
This Decision is also based on the Articles 20a, ninth member, of the IOAW , 20a, ninth member, of the IOAZ , 18a, ninth member , and 47g, ninth member, of the Participating Act and 6b, seventh member, of the RW .
This Decision shall enter into force with effect from 1 February 2001.
This decision is cited as: 'BoeteDecree' social security laws.
Charges and orders that this Decision will be placed in the Official Journal by means of the note of explanatory note accompanying it.
' s-Gravenhage, 14 October 2000
Beatrix
The Minister for Social Affairs and Employment,
W. A. F. G. Vermeend
The Secretary of State for Social Affairs and Employment,
J. F. Hoogervorst
Issued the thirty-first October 2000The Minister of Justice,
A. H. Korthals
