Key Benefits:
Regulation of the Minister of Social Affairs and Employment of 20 December 2012, No IVV 51458, to equalization with working hours, the way in which equivalence is made, excluding working hours, taking into account several calendar weeks and termination of benefit rights (Employment hours composition scheme)
The Minister for Social Affairs and Employment,
Having regard to the Article 1a, second paragraph , 17a, fourth member and 20, fifth member of the Unemployment Act , and Article 1a, Second Member of the Work and Income to Work Equity ;
Decision:
With a labor suur as intended Article 1a of the Unemployment Act and Article 1a of the Law on Employment and Income to Work shall be equivalent to one hour, in the course of a service, or resulting therefrom, on which the employee has not received any income from labour, but shall:
a. As a result of holiday, snipper, or compensation days, he has received compensation for loanings or holiday vouchers whether he has received or obtained corresponding claims;
b. he has received an indemnity for loanting as a result of public holidays;
c. this is the result of a reduction in working time for which it is based on Article 8, third paragraph, of the Extraordinary Decision Labour Relations 1945 derogation has been granted;
d. on which he is a benefit on the basis of a regulation or a benefit on the basis of Article 18 of the Unemployment Act has received;
e. on which he is entitled to benefit on the basis of Chapter IV of the Unemployment Act ;
f. this is the result of illness or incapacity;
g. this is the result of a compulsory service closure and for which the employee has not received or obtained any wages or earnings because of loanting or holiday vouchers or corresponding claims;
h. on which he has received a benefit on the basis of Chapter 3, Section 2, Section 1, of the Law of Work and Care .
(1) If the period of illness or incapacity for work or the period for which a benefit is referred to in the Article 1, part h , having been received, having regard to the worker's pattern of work, is in line with a period of time during which the employee had hours of work, the number of hours assimilated to the equivalent of the number of hours assimilated to (h) of Article 1 (h) is equal to:
a. the number of hours of work that the worker would have had if he were not to become ill or incapacitated or who would have had no situation on the basis of which he is entitled to benefits as referred to in the Article 1, part h , and he had a fixed number of labor hours; or
(b) the average number of hours of work that the worker would have had if he were not to become ill or incapacitated or who would have had no situation on the basis of which he is entitled to benefits as referred to in the Treaty; Article 1, part h And he didn't have a number of steady labor hours.
2 The average number of working hours referred to in paragraph 1 (b) shall be calculated over the period specified in the Article 16, second paragraph, of the Unemployment Act Except that the period during which he is entitled to benefit as a result of sickness or incapacity for work or the situation under which he is entitled to benefit as a result of sickness or incapacity for work is excluded from the understanding that the period during that period is not to be taken into account. Article 1, part h -I didn't work.
1 If the calculation of the number of hours worked, Article 16, second paragraph, of the Unemployment Act the worker, who has had working hours in shift work or other forms of work schedules or as a result of shortening the reduction of working hours, does not give a correct picture of the work pattern, it is possible to UWV:
a. Hours on which the employee had no working hours, equating with working hours; or
(b) exclude working hours; or
Both hours on which the employee had no working hours equate with working hours as working hours taken into consideration.
2 For the purposes of the first paragraph, the reduction in working hours shall be deemed to have been spread evenly over a period of a calendar year. If, in a calendar week, the worker has received more hours of a reduction in working hours than the annual average number per week, the difference for the application of the first member shall be treated as working hours. If, in a calendar week, the worker has been less than the annual average annual number of shorter hours of work, the difference for the application of the first paragraph shall not be taken into account.
3 The first paragraph shall apply mutatis mutandis if, for the calculation of the number of hours worked by the worker concerned, the number of hours worked Article 16, second paragraph, of the Unemployment Act , hours in which the employee has not worked as a result of compensation leave on the basis of Article 1 shall be treated as working hours.
If the employee has hours of employment arising from a service without working for it and he uses that circumstance to have hours of employment arising from another employment relationship, then the hours of work resulting from that employment the other services not considered to be working hours.
1 For the determination of the number of calendar weeks referred to in Article 17 of the Unemployment Act , calendar weeks shall be taken into account more than once if:
a. during a right to benefit, unemployment as referred to in Article 16, first paragraph, of the Unemployment Act occurs; or
(b) a right to benefit has ended, in whole or in part, and subsequently re-unemployment as referred to in Article 16, first paragraph, of the Unemployment Act where at the time the total loss of work hours is greater than the loss of working hours at the time of origin of the former.
2 The first paragraph shall not apply in cases where the right to benefits has ended in whole or in part, and then re-unemployment as referred to in Article 3 (1) of the Treaty. Article 16, first paragraph, of the Unemployment Act if:
(a) at the time when all or part of the right of the right arose, the worker had lost all hours of employment in service; or
b. the number of remaining hours of employment at the time of re-employment is equal to, or greater than the number of remaining hours of work in service at the time when all or part of the working hours is The right to the right was created.
Calendar weeks in which the employee does not have a working hours as a result of shift work or because of other forms of work schedules are treated as calendar weeks in which the employee has at least one labour force.
With compliance with Article 2 The UWV may lay down policy rules to further this scheme.
This part has not (yet) entered into force; see the summary of changes
The Assimilation of hours worked by hours worked , the Equivalence of non-working weeks with worked weeks and the Decision on the final adoption of the unemployment benefit benefit shall be withdrawn.
This arrangement shall enter into force from 1 January 2013.
This arrangement is quoted as: Work Hours Equivalation Scheme.
This arrangement will be set out in the Official Journal.
The Hague, 20 December 2012
TheMinister
of Social Affairs and Employment,L.F. Asscher.
