Unemployment Insurance Act. Unemployment Funds Act

Transcription

1 Unemployment Insurance Act (SFS 1997:238) Unemployment Funds Act (SFS 1997:239)

2 Design: Navigare Kommunikation AB Print: Åtta:45, April 2005 Article no: N4034 2

3 Unemployment Insurance Act (1997:238) Who are covered by the Act SECTION 1 The unemployment insurance covers both workers and business operators. Certain special provisions that only apply to business operators are contained in Sections 34 to 37. SECTION 2 The provisions of this Act concerning members of an unemployment fund shall also be applied to those who are affiliated to the supplementary unemployment fund. SECTION 3 Only persons who in Sweden satisfy the benefit conditions in accordance with this Act are entitled to benefit, unless otherwise is prescribed by the Regulation (EEC) No 1408/71 of the Council of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community. If the Government has concluded an agreement with another State concerning other conditions for the right to receive benefit than as prescribed by this Act, the unemployment fund shall apply these conditions. SECTION 3 a The Government or the authority appointed by the Government may, as a trial operation during the period 1 July 1997 to 30 September 1999, decide that persons who already receive benefit under this Act should be allowed to continue receiving benefit in accordance with the Act without satisfying the conditions contained in Section 9, except for the third item. (SFS 1998:1783) Basic insurance and income loss insurance SECTION 4 The unemployment insurance consists of a basic insurance and an income loss insurance. T H E M I N I S T RY O F I N D U S T RY, E M P L O Y M E N T A N D C O M M U N I C AT I O N S 1

4 SECTION 5 The unemployment insurance shall be administered by unemployment funds. The Unemployment Funds Act (1997:239) contains provisions on unemployment funds. The basic insurance SECTION 6 Benefit in accordance with the basic insurance shall be paid to a person who - is not a member of an unemployment fund, or - is a member of an unemployment fund but does not satisfy the conditions applicable for the entitlement to an income-related benefit. This benefit shall be paid at the earliest on the date when the unemployed person reaches the age of 20. (SFS 1998:1783) The income loss insurance SECTION 7 Benefit in accordance with the income loss insurance shall be paid to a person who has been a member of an unemployment fund for at least twelve months, subject to the precondition that the member after the last admission to the fund has satisfied the work condition in accordance with Sections 12 to 14 a or the study condition in accordance with Section 19 (membership condition). (SFS 2003:330) SECTION 8 Persons who immediately prior to the admission to an unemployment fund have been members of another such fund may for the satisfaction of the membership condition be credited with time in that fund. General conditions for entitlement to benefit SECTION 9 Applicants are entitled to benefit upon unemployment if they 1. are capable of working and unimpeded from undertaking work on behalf of an employer for at least 3 hours each working day and for on average at least 17 hours per week, 2. are prepared to accept an offer of suitable work during periods 2

5 for which they have not given notice of an impediment that can be accepted by the unemployment fund, 3. are registered as jobseekers with the public employment office in accordance with the procedure prescribed by the Government or the authority appointed by the Government, 4. participate in the drawing up of an individual action plan in consultation with the public employment office, and 5. actively seek suitable work but cannot obtain such work. (SFS 2000:1460) SECTION 9 a During the first 100 days of benefit in a benefit period, an applicant may limit her or himself to applying for suitable work within her or his profession and within the vicinity. The same applies in connection with new unemployment, provided twelve months have elapsed since the applicant last received benefit and the benefit period has not expired. However, the possibility to limit applications for the first 100 days does not apply if an applicant enters a new benefit period in direct conjunction with the preceding period. (SFS 2000:1460) SECTION 10 Benefit under this Act shall not be paid in the following cases. 1. Benefit shall not be paid to persons who participate in education. 2. Benefit shall not be paid to persons who are on compulsory leave without pay. 3. Benefit in accordance with the basic insurance shall not be paid to persons who, in accordance with Section 37, first paragraph, item 2 of the Unemployment Funds Act (1997:239), have been expelled from membership for a period of one year from the expulsion. If there are special reasons, the Government or the authority appointed by the Government may, derogating from the provisions of items 1 and 2, prescribe that benefit may be paid to persons who participate in education or are on compulsory leave without pay, and also the conditions for the entitlement to benefit that shall apply in such cases. SECTION 11 Work offered shall be deemed suitable, if 1. reasonable regard has been taken, within the framework of the supply of job opportunities, to the applicant s capacity for the work and also to other personal circumstances, 2. the employment benefits are compatible with the benefits that workers receive who are employed in accordance with a collective T H E M I N I S T RY O F I N D U S T RY, E M P L O Y M E N T A N D C O M M U N I C AT I O N S 3

6 bargaining agreement or, if there is no collective bargaining agreement, are reasonable in relation to the benefits enjoyed by workers with equivalent work tasks and qualifications at comparable businesses, 3. the work is not referable to a workplace where there is currently a labour dispute as a consequence of industrial action taken that is permissible according to statute and collective bargaining agreement, and 4. the conditions at the workplace correspond to those prescribed by statute or the regulations of an authority regarding measures to prevent ill-health or accidents. The Government or the authority appointed by the Government may make further regulations concerning suitable work. (SFS 2000:627) Other conditions for entitlement to benefit The work condition SECTION 12 Applicants are entitled to benefit in the event of unemployment if they, for a framework period of twelve months immediately prior to the commencement of unemployment, have 1. had gainful work for at least 6 months and have performed work for at least 70 hours per calendar month, or 2. had gainful work for at least 450 hours during a consecutive period of 6 calendar months and have performed work for at least 45 hours during each one of these months (work condition). In order to be entitled to income-related benefit, the applicant shall have satisfied the work condition after the latest admission to the unemployment fund. An applicant who immediately prior to the admission has been a member of another such fund may, in order to satisfy the work condition, be credited with the time as a member in that fund. SECTION 13 Gainful work also refers to periods when the applicant 1. has had annual leave with holiday pay, 2. has been on leave with full or partially retained pay for a reason other than illness, service in accordance with the National Total Defence Service Act (1994:1809) or the birth of a child, or 3. receives other benefit than pension owing to the termination of the employment (severance payment). 4

7 Periods with severance payment shall be calculated on the basis of the amount of the severance payment in relation to the applicant s average income per month in the employment for a particular period. The Government or the authority appointed by the Government may decide to make further regulations concerning the calculation. SECTION 13 a To the extent that it is necessary to satisfy the work condition, time when the applicant has completed service in accordance with the National Total Defence Service Act (1994:1809) or has received parental benefit in accordance with the National Social Insurance Act (1962:381), shall be equated with gainful work, though for no more than at most two calendar months in total. When applying this, in cases referred to in the first paragraph, Section 12, first paragraph, item 2, at least 300 of the 450 hours referred to therein shall relate to gainful work that has been performed during at least 4 calendar months with at least 45 hours during each one of these months. During each one of the remaining maximum 2 months, the applicant shall have performed gainful work, completed service in accordance with the National Total Defence Service Act (1994:1809) or received parental benefit in accordance with the National Social Insurance Act (1962:381) for a period that corresponds to at least 45 hours. (SFS 2000:1460) SECTION 14 The following shall be ignored when considering the work condition 1. gainful work which the employer has financed with special employment subsidy in accordance with the Employment Subsidy Ordinance (1997:1275), or 2. gainful work which has been conducted under the provisions on support for starting business operations in accordance with the Labour Market Policy Programmes Ordinance (2000:634). (SFS 2000:1460) SECTION 14 a When considering the work condition, a framework period cannot cover periods preceding participation in the Activity Guarantee in accordance with the Labour Market Policy Programmes Ordinance (2000:634). (SFS 2003:330) SECTION 15 Periods when gainful work has been performed may not be counted more than once to satisfy the work condition. However, T H E M I N I S T RY O F I N D U S T RY, E M P L O Y M E N T A N D C O M M U N I C AT I O N S 5

8 gainful work that has been used to satisfy the condition for daily amount in the form of basic amount may later be included to satisfy the condition for the income-related benefit, provided the work was performed after the last admission to the fund. The framework period SECTION 16 When the framework period shall be determined in accordance with Section 12, account should not be taken of periods when the applicant has been impeded from working owing to 1. certified illness, 2. completed full-time education that the applicant has concluded after reaching the age of 25 or which has been preceded by consecutive gainful work on a full-time basis for at least 5 months, 3. compulsory care in accordance with the Care of Abusers (Special Provisions) Act (1988:870), 4. deprivation of liberty within the field of the prison and probation service, 5. care of own child who has not reached the age of 2 or care of an adoptive child for two years after the child s arrival in the family, 6. decisions in accordance with the Communicable Diseases Act (2004:168) or the Food Act (1971:511) or regulations made under the Food Act, 7. presence abroad as a consequence of the applicant accompanying her or his spouse in connection with his or her work abroad, subject to the precondition that the spouse s employer has its registered office in Sweden and that the pay is disbursed from Sweden, where a person with whom the applicant cohabits in circumstances resembling that of spouses is equated with a spouse, or 8. care of a relative where full benefit has been paid in accordance with the Compensation for Leave to Care for Relatives Act (1988:1465). (SFS 2004:184) SECTION 17 When a framework period shall be determined in accordance with Section 12, nor shall periods be counted when the applicant has 1. received parental benefit in accordance with the National Social Insurance Act (1962:381), 2. been impeded from working owing to service in accordance with the National Total Defence Service Act (1994:1809), 6

9 3. been impeded from working owing to participation in labour market training or other education within the framework of a labour market policy programme, work experience position, the Youth Guarantee, computer resource centre activity, working life orientated rehabilitation or projects with a labour market policy orientation in accordance with the Labour Market Policy Programmes Ordinance (2000:634), 4. been impeded from working owing to education for which a recruitment grant has been paid in accordance with the Act on Adult Educational Recruitment Grants (2002:624), or 5. been impeded from working owing to participation in activities for which benefit has been paid in accordance with Section 3 a, 6. performed gainful work that the employer has financed with a special employment subsidy in accordance with the Employment Subsidy Ordinance (1997:1275), or 7. performed gainful work that has been conducted in accordance with the provisions concerning support for the start of business operations in accordance with the Labour Market Policy Programmes Ordinance (2000:634). However, periods that have been equated with gainful work in accordance with Section 13 a shall be included in the framework period. (SFS 2003:330) SECTION 17 a Periods that shall not be included in the framework period in accordance with Section 16, 17 or 23 may comprise at most seven years. (SFS 2000:1460) The study condition SECTION 18 An applicant is entitled to benefit in accordance with the basic insurance without having satisfied the work condition, if he or she has held her or himself available to the labour market as a jobseeker through the public employment office or has had gainful work for at least 90 calendar days during a framework period of 10 months in conjunction with he or she concluding full-time education consisting of at least one academic year and which affords entitlement to study support in accordance with the Study Support Act (1999:1395). Section 19 contains special provisions regarding applicants who have participated in the Activity Guarantee. When the framework period is determined, time that an applicant T H E M I N I S T RY O F I N D U S T RY, E M P L O Y M E N T A N D C O M M U N I C AT I O N S 7

10 has been prevented from holding her or himself available to the labour market owing to illness, service in accordance with the National Total Defence Service Act (1994:1809), pregnancy, care of own child who has not reached the age of 2 or care of an adoptive child for two years after the child s arrival in the family, shall not be taken into account. However, for an applicant who has concluded her or his education by completing a three-year upper secondary course of education and is under the age of 20 after the framework period of 10 months referred to in the first paragraph has elapsed, the framework period shall be extended to the date when the applicant reaches the age of 20. (SFS 2003:330) SECTION 19 An applicant who has participated in the Activity Guarantee is entitled to benefit in accordance with the basic insurance without having satisfied the work condition, if he or she, in accordance with an agreement in the individual action plan referred to in Section 24 of the Labour Market Policy Programmes Ordinance (2000:634), has left the Activity Guarantee for studies and also thereafter participated in and concluded a full-time education that comprises at least one academic year and which affords entitlement to study support in accordance with the Study Support Act (1999:1395). If the benefit under the Activity Guarantee is based on an incomerelated benefit, an applicant who satisfies the study condition in accordance with the first paragraph is entitled to benefit in accordance with the income loss insurance. Section 30 a contains special rules on how the income-related benefit should be determined. The entitlement to benefit is subject to the condition that the applicant has applied for benefit within a framework period of 10 months after he or she concluded the education. Section 18, second paragraph shall apply when determining the framework period. (SFS 2003:330) Form of the benefit SECTION 20 The following applies for all daily amounts. The daily amount shall be paid in the form of an amount calculated per day. The total during one calendar week of the number of compensated and worked days together with the waiting and suspension days may amount to at most five. 8

11 The daily amount may not be paid for a Saturday or Sunday, unless the Government or the authority appointed by the Government grants an exception. The daily amount may not be paid for time when the applicant receives parental benefit in accordance with the National Social Insurance Act (1962:381). Daily amount that is less than 10 kronor per day shall not be paid and öre are rounded upwards to the nearest krona. The length of the waiting period and the benefit period SECTION 21 The daily amount may not be paid before the applicant, for a consecutive period of 12 months, has been unemployed for 5 days (waiting period condition). Only those days for which daily amount would have been paid if the waiting period had expired are included in the waiting period. SECTION 22 Benefit is paid for at most 300 days (benefit period). When the benefit period has expired, it may be extended by at most 300 days, provided the applicant then neither satisfies a new work condition nor, according to the employment office, should be offered activity under the Activity Guarantee in accordance with the Labour Market Policy Programmes Ordinance (2000:634). The benefit period shall not include days during which the applicant has been directed to public temporary work for older unemployed persons, activities within the Youth Guarantee in accordance with the Labour Market Policy Programmes Ordinance (2000:634) or activities for which benefit in accordance with Section 3 a is paid in accordance with the regulations made by the Government. If the applicant immediately prior to the admission to an unemployment fund has received benefit from another unemployment fund, the benefit days included in the other fund shall be included in the benefit period. The entitlement to daily amount ceases at the end of the month preceding the month when the unemployed person reaches the age of 65. (SFS 2000:1460) T H E M I N I S T RY O F I N D U S T RY, E M P L O Y M E N T A N D C O M M U N I C AT I O N S 9

12 SECTION 23 If unemployment ceases before the end of the benefit period, the applicant is entitled to benefit during the remaining number of days of the period in the event of new unemployment, even if the applicant has not then satisfied the work and waiting period conditions. However, after participation in the Activity Guarantee, an applicant is not entitled to benefit during the remaining number of days of the period that preceded the Activity Guarantee. Nor is an applicant entitled to benefit after a consecutive period of 12 months has elapsed since the applicant last received benefit. Such period does not include periods referred to in Sections 16 and 17. If the benefit period has expired but the applicant during the period has once again satisfied the work condition, benefit shall be paid for a further benefit period. However, the waiting period condition shall then be satisfied once again. The new benefit period shall be calculated from the date when the previous period expired. (SFS 2003:330) The amount of daily payment Basic amount SECTION 24 Benefit in accordance with the basic insurance shall be paid in an amount per day that is not based on previous income from gainful work (daily payment in the form of basic amount). Daily payment in the form of basic amount shall be paid in the amount determined by the Government, unless otherwise prescribed by this Act. Income-related benefit SECTION 25 Benefit in accordance with the income loss insurance shall be paid in an amount per day that is based on previous income from gainful work (daily payment in the form of income-related benefit) Daily payment in the form of income-related benefit shall be paid in at most the amount determined by the Government and at least in the amount determined in accordance with Section 24, second paragraph, unless otherwise prescribed by this Act. The daily payment can during the first 100 days in a benefit period be paid as a greater daily payment than during the remaining days. The highest daily payment can be limited in time for persons who perform part-time work. (SFS 2000:1460) 1 0

13 SECTION 26 Unless otherwise prescribed by Section 25, second paragraph or Section 27, daily payment shall be paid at 80 per cent of the applicant s daily earnings during normal working hours. SECTION 27 Daily payment to applicants who have been granted public old age pension or other pension that is paid owing to gainful work shall be paid at 65 per cent of the applicant s daily earnings during normal working hours subject to the limitation prescribed by Section 25, second paragraph. (SFS 2002:205) SECTION 28 The average working hours in the gainful work whereby the work condition is satisfied shall apply as normal working hours. If the work condition has been satisfied by the work condition referred to in Section 12, first paragraph, item 1, the normal working hours may, if this is more beneficial for the applicant, be treated as the average working hours in all the gainful work that has been performed during the entire framework period in accordance with the same paragraph. However, with this method of calculation, only months when the applicant has performed work for at least 70 hours may be included. SECTION 29 Daily earnings means one-fifth of the weekly income or, as regards applicants with monthly pay, 1/22 of the monthly income, which the applicant before the commencement of unemployment usually received during working hours that were normal for the applicant. Section 37 contains provisions on the calculation of daily earnings for business operators. SECTION 30 Daily payment in an amount corresponding to that which was last paid as activity support during participation in the Activity Guarantee may be paid to an applicant who has left the Activity Guarantee, provided it is more beneficial, if the applicant has satisfied the work condition with work that corresponds at least to the applicant s latest labour supply within the Activity Guarantee, and the application for benefit is made within 12 months from the date when the applicant left the Activity Guarantee. (SFS 2003:330) SECTION 30 a For an applicant who is entitled to benefit in accordance with the study condition contained in Section 19, daily payment shall T H E M I N I S T RY O F I N D U S T RY, E M P L O Y M E N T A N D C O M M U N I C AT I O N S 1 1

14 be paid in an amount corresponding to what was last paid as activity support during participation in the Activity Guarantee. Normal working hours shall be determined as time corresponding to the applicant s labour supply. (SFS 2003:330) SECTION 31 A daily payment may be paid to an applicant who, as a result of unemployment, continuously receives benefit from someone other than the unemployment fund, comprising at most the difference between the highest amount that may be paid in accordance with Sections 26 to 29 and the benefit. Deduction of daily payment SECTION 32 Daily payment in the form of income-related benefit in accordance with Section 27 shall be reduced by 1/260 of the annual pension. A corresponding deduction shall be made from daily payment in the form of a basic amount, provided the applicant is granted old age pension or other pension in the manner prescribed by Section 27. SECTION 33 The provisions of Sections 27 and 32 shall not apply if the Government, for special reasons, otherwise prescribes. Business operators SECTION 34 In this Act, business operators refers to persons who own or are part owners directly or indirectly of business operations in which they are personally active and over which they have significant influence. SECTION 35 A business operator shall, unless otherwise prescribed by the second paragraph, be deemed to be unemployed when the business operator s personal activity in the business upon an overall assessment may be deemed to have ceased other than temporarily. A business operator who temporarily ceases to conduct operations in the business shall be deemed to be unemployed provided that the cessation of the business is not to any extent of a seasonal nature and that no operations are conducted through the business. A business operator who resumes the operation following a temporary cessation with benefit according to this paragraph is entitled to benefit only 1 2

15 if the conditions in accordance with the first paragraph are satisfied. Benefit under this paragraph may only be used once per business. SECTION 36 If there are special reasons, the Government or the authority appointed by the Government may prescribe that a business operator shall be deemed to be unemployed even in other cases than as referred to in Section 35. SECTION 37 When determining the base for the calculation of daily earnings, the daily earnings of business operators shall be based on the average income during the last three years prior to the year of closure. If the business operator has discontinued her or his operation within 12 months from when the business operator started it, the benefit may be based on the business operator s previous employment. Part-time and incidental employment SECTION 38 Benefit to persons who seek part-time work is paid with the number of daily payments per week that, according to an adjustment table determined by the Government, represents the unemployment that shall be compensated. The Government or the authority appointed by the Government may make regulations for the calculation of benefit in the case of parttime work in the event that working hours are not determined as a certain number of hours per day or week. SECTION 39 If someone is unemployed during part of a week in other cases than as referred to in Section 38, benefit shall be paid with the number of daily payments per week that corresponds to the unemployment that shall be compensated according to the adjustment table determined by the Government. When making such calculation of unemployment, account should not be taken of such incidental employment that the applicant prior to the commencement of unemployment has conducted for at least six months besides their full-time work, provided the income from the incidental employment has not on average exceeded an amount corresponding to six basic amounts per week, the incidental employment is not expanded during the unemployment, and T H E M I N I S T RY O F I N D U S T RY, E M P L O Y M E N T A N D C O M M U N I C AT I O N S 1 3

16 the incidental employment does not impede the person from accepting suitable full-time work. If the income from the incidental employment after the commencement of unemployment exceeds an amount that corresponds to six basic amounts per week, the entire excess amount shall be deducted from the daily payment. SECTION 40 The Government or the authority appointed by the Government may, if there are special reasons to do so, prescribe limitations on the entitlement to benefit and on the waiting period in addition to what is prescribed by this Act for persons who regularly perform part-time work during weeks when they are otherwise unemployed. SECTION 41 If the applicants labour supply per week exceed the weekly hours during which they normally performed work immediately before unemployment, the excess time shall not be included when the benefit is to be determined. Limitation in the case of seasonal unemployment SECTION 42 The Government or the authority appointed by the Government may, if there are special reasons to do so, limit the entitlement to benefit for employed persons who are mainly engaged in work where unemployment occurs on a regular annual basis. Suspension from the entitlement to benefit SECTION 43 The applicant shall be suspended from the entitlement to benefit during the time referred to in Section 44, if the applicant 1. has left her or his work without valid cause, or 2. has been suspended from the work owing to improper conduct. (SFS 2000:1460) SECTION 44 If it is likely that work as referred to in Section 43 would have lasted at most five days or more than five but at most 10 days or more than 10 days, the period of suspension comprises 1 4

17 10, 20 and 45 benefit days respectively in the case of suspension in accordance with Section 43, item 1, and 20, 40 and 60 benefit days respectively in the case of suspension in accordance with Section 43, item 2. Only days for which a waiting period would have been credited or daily payment would have been paid, if the suspension had not occurred, or days during which the applicant has performed gainful work, shall be included in the period of suspension. However, the total period of suspension may not exceed 28, 56 and 112 calendar days respectively in the case of suspension in accordance with Section 43, item 1, and 56, 112 and 168 calendar days respectively in the case of suspension in accordance with Section 43, item 2. (SFS 2000:1460) SECTION 45 If during the period of suspension such circumstance as referred to in Section 43 occurs, a new period of suspension shall be calculated in accordance with the provisions of Section 44, unless the ongoing period of suspension overlaps the new period of suspension. An applicant who has been suspended from benefit twice within the same benefit period because he or she has left his or her work without valid cause or has been suspended from work owing to improper conduct, is not entitled to benefit until he or she thereafter has satisfied a work condition if such circumstance occurs a third time within the same benefit period. The period of suspension shall be calculated from the date when the circumstance referred to in Section 43 has occurred. (SFS 2000:1460) Reduction of benefit SECTION 45 a The daily payment will be reduced by 25 per cent for 40 benefit days (reduction period) within the benefit period, if an applicant has 1. rejected an offer of suitable work without acceptable reasons, or 2. without having explicitly rejected such work nevertheless through her or his conduct obviously has caused the employment not to be realised. If such a circumstance as is referred to in the first paragraph occurs for a second time during the benefit period, the applicant s daily pay- T H E M I N I S T RY O F I N D U S T RY, E M P L O Y M E N T A N D C O M M U N I C AT I O N S 1 5

18 ment shall be reduced by 50 per cent for a further 40 benefit days within the benefit period. If such a circumstance as is referred to in the first paragraph occurs for a third time during the benefit period, the applicant is not entitled to benefit until he or she thereafter has satisfied a work condition again. The reduction period shall be calculated from the date when the circumstance referred to in the first paragraph occurred. If during the reduction period such circumstance occurs as gives cause for a new reduction period, that reduction period shall be calculated from the end of the preceding reduction period. If during a period of suspension such circumstance occurs as gives cause for a reduction period, the reduction period shall be calculated from the end of the period of suspension. That period within which a reduction of the daily payment shall be made may not exceed 180 calendar days from the date when the reduction period commenced. (SFS 2000:1460) Common provisions concerning suspension and reduction SECTION 46 The provisions of Section 43 and Section 45 a, first paragraph, item 1, concerning work shall apply regarding labour market policy programmes for which activity support is granted in accordance with the Activity Support Ordinance (1996:1100). The provisions of Sections 44, 45 and 45 a, shall thereupon apply in applicable parts. (SFS 2002:626) Application for benefit and issuing certificates SECTION 47 An application for benefit shall be made to the unemployment fund. A certificate shall be attached to the application from the employer about the applicant s work situation and also the other details that are necessary for the assessment of the applicant s entitlement to benefit. If such a certificate can only be acquired with great difficulty, the work situation and other details may be verified in another way. The employer shall upon request issue the certificate in accordance with a standard form determined by the Swedish Unemployment Insurance Board. 1 6

19 Certificates and other details shall be kept with the fund s documents. The Government or the authority appointed by the Government shall make regulations regarding applications for benefit to the unemployment fund. (SFS 2002:545) SECTION 48 The Swedish Unemployment Insurance Board shall issue certificates showing the entitlement to benefit of persons who satisfy the conditions for the right to retain benefit when applying for work in another State within the EU or the EEA or in Switzerland. (SFS 2002:545) Duty to provide information SECTION 48 a A county labour board shall submit to an unemployment fund the details regarding a jobseeker that are of relevance to the application of this Act. (SFS 2001:1153) SECTION 48 b An unemployment fund shall submit to a county labour board the details regarding benefit under this Act that are of relevance to a matter concerning employment service. (SFS 2001:1153) SECTION 48 c A social insurance office, the National Social Insurance Board and the Swedish National Board of Student Aid shall provide details to an unemployment fund of the allowance, benefit or other support for an individual that are of relevance to the application of this Act. (SFS 2001:1153) SECTION 48 d An unemployment fund shall provide details to a social insurance office, the National Social Insurance Board and the Swedish National Board of Student Aid of benefit under this Act that are of relevance to the recipient in a matter concerning an allowance, benefit or other support for an individual. (SFS 2001:1153) SECTION 48 e The National Labour Market Board and the county labour boards shall provide details to the Swedish Unemployment Insurance Board that are of relevance to the supervision of matters concerning unemployment benefit. (SFS 2002:545) T H E M I N I S T RY O F I N D U S T RY, E M P L O Y M E N T A N D C O M M U N I C AT I O N S 1 7

20 SECTION 48 f The Government shall make further regulations regarding what details are to be disclosed in accordance with Sections 48 a to 48 e. (SFS 2002:545) Appeals, reconsideration and amendment Appeals on matters concerning entitlement to benefit SECTION 49 Decisions by an unemployment fund on matters concerning entitlement to benefit under this Act may be appealed against to a general administrative court, unless otherwise prescribed by the Labour Disputes (Restriction of Social Benefits) Act (1969:93). The competent county administrative court is the court within whose judicial district the first decision in the matter has been made. When considering appeals against a decision by the County Administrative Court in cases referred to in the first paragraph, the bench of the Administrative Court of Appeal shall have lay judges if lay judges participated in the County Administrative Court. (SFS 2001:28) SECTION 50 A decision by the unemployment fund may not be appealed against by an individual before the fund has reconsidered its decision in accordance with Section 61. If a decision is appealed against before it has been reconsidered, the appeal shall be deemed to constitute a request for reconsideration. SECTION 51 The Swedish Unemployment Insurance Board may, even to the benefit of an individual party, appeal against a decision by a court and an unemployment fund on matters referred to in Section 49. (SFS 2002:545) Appeals on matters concerning issuing certificates SECTION 52 A decision by the Swedish Unemployment Insurance Board on matters concerning the issuing certificates in accordance with Section 48 may be appealed against to a general administrative court. (SFS 2002:545) 1 8

21 Common provisions on appeals SECTION 53 Appeals against a decision shall be made in writing. The document of appeal shall state which decision is appealed against and the change to the decision that is requested. SECTION 54 The document with the appeal shall be submitted to the instance that has made the decision. The document shall have been received by this instance within two months from the date when the appellant received the decision or, if the appeal was presented by the Swedish Unemployment Insurance Board or an unemployment fund, within two months from the date of the decision. (SFS 2002:545) SECTION 55 The instance that has made the decision appealed against shall consider whether the document of appeal has been received in good time. If the document has been received too late, it shall be dismissed, except when 1. the delay results from the instance that has made the decision appealed against having provided the applicant with improper notice of how to appeal, or 2. the document of appeal, within the time for appeals, has been received by the instance that shall consider the appeal. In cases referred to in item 2, the instance where the document of appeal has been received shall forward it to the instance that has made the decision and at the same time provide information about what day the document was received by the superior instance. SECTION 56 If the document of appeal is not dismissed in accordance with Section 55, second paragraph, the instance that has made the decision appealed against shall forward it and other documents in the matter to the instance that shall consider the appeal. SECTION 57 A decision under this Act by an unemployment fund, the Swedish Unemployment Insurance Board or a court applies immediately, unless otherwise stated in the decision or decided by the instance that will review the decision. (SFS 2002:545) SECTION 58 In a case where an individual party appeals against a decision of an unemployment fund, the fund constitutes the individual s respondent. T H E M I N I S T RY O F I N D U S T RY, E M P L O Y M E N T A N D C O M M U N I C AT I O N S 1 9

22 SECTION 59 The Swedish Unemployment Insurance Board may take over the task of an unemployment fund to represent the public in legal proceedings at the County Administrative Court and the Administrative Court of Appeal. The Board represents the public in legal proceedings at the Supreme Administrative Court. (SFS 2002:545) SECTION 60 Leave to appeal is required in connection with appeals to an Administrative Court of Appeal. The provisions of Section 33, fourth paragraph of the Administrative Court Procedure Act (1971:291), do not apply to a decision of dismissal that has been made by an unemployment fund. (SFS 1998:391) Reconsideration and amendment SECTION 61 Decisions by an unemployment fund on matters referred to in Section 49 shall be reconsidered by the fund, if requested by the individual to which the decision refers. This does not apply if the unemployment fund has already changed the decision in accordance with Section 63. SECTION 62 The provisions of Sections 53 to 56 concerning appeals shall be applied to matters concerning a request for reconsideration. SECTION 63 An unemployment fund shall without request amend its decision on matters referred to in Section 49 and which have not been reviewed by a superior instance, if 1. the decision owing to a typographical error, error of calculation or other such oversight contains a manifest error, 2. the decision was incorrect owing to it being made on a manifestly erroneous or incomplete information-base, or 3. the decision was incorrect owing to a manifestly erroneous application of law or some other similar cause. An amendment in accordance with the first paragraph does not need to be made if the error is of minor importance. SECTION 64 An amendment in accordance with Section 63 of a decision may not be made after more than two years have elapsed from the date when the decision was made. A decision may be changed even after this time has expired if it 2 0

23 only thereafter transpires that the decision has been made on a manifestly erroneous or incomplete information-base or if there are other extraordinary reasons. SECTION 65 When reconsidering a matter in accordance with Section 61, the decision may not be changed to the disadvantage of the individual. When making an amendment in accordance with Section 63, the decision may not be changed to the disadvantage of the individual, if there are extraordinary reasons against doing so. Special provisions SECTION 66 An applicant who deliberately or by gross negligence has provided incorrect or misleading information about circumstances that are of relevance for the assessment of her or his entitlement to benefit shall be denied the entitlement to benefit. When the applicant is a member of an unemployment fund, such denial shall only be made when the unemployment fund, in accordance with Section 37, second paragraph of the Unemployment funds Act (1997:239), has decided not to expel the applicant as a member. The denial shall apply for at least 130 benefit days. If there are special reasons, the denial may apply for fewer days. For applicants who have been denied benefit in accordance with the first paragraph, benefit may only be disbursed after they have performed such gainful work as referred to in Sections 12 and 13 for 80 days from the date when the circumstance that resulted in the denial came to the knowledge of the unemployment fund. If there is probable cause for an applicant being guilty of such conduct as referred to in the first paragraph, benefit due to the applicant may be withheld pending an investigation of the matter. A decision in accordance with the first paragraph shall immediately be notified to the Swedish Unemployment Insurance Board. (SFS 2002:545) SECTION 67 The Labour Disputes (Restriction of Social Benefits) Act (1969:93) shall be applied to benefit under this Act. SECTION 68 If someone through incorrect information or through an omission to fulfil her or his obligation to provide information T H E M I N I S T RY O F I N D U S T RY, E M P L O Y M E N T A N D C O M M U N I C AT I O N S 2 1

24 or give notice or in another way has caused benefit to be granted improperly or at too high an amount or if someone has in another way improperly or at too high an amount received benefit and if he or she reasonably ought to have realised this, the surplus that has been disbursed shall be repaid. This applies unless in the individual case there is cause for complete or partial release from the repayment obligation. In the event of a repayment obligation in accordance with the first paragraph, a reasonable amount may be withheld from a later payment to be deducted from the surplus payment made. SECTION 69 The provisions of Chapter 17, Section 1 of the National Social Insurance Act (1962:381) and Chapter 6, Section 7, second paragraph of the Occupational Injuries Insurance Act (1976:380) apply to the reduction of certain benefit with daily payment paid. Transitional provisions 1997:238 Regulations concerning the entry into force of this Act shall be made in the Unemployment Insurance (Introductory Provisions) Act (1997:240) (1997:238) and the Unemployment Funds Act (1997:239). 1998:1783 This Act enters into force on 1 January As regards persons who have been directed to activities for working life schemes before 1 January 1999, Section 22 applies as formerly worded. 2000: This Act enters into force on 5 February However, the provisions of Section 19, items 1 to 3, 5 and 6 and Section 30 still apply for applicants who prior to entry into force satisfied the conditions and apply for benefit no later than 31 March However, the provision on the length of the benefit period contained in Section 22 shall apply as formerly worded to those who prior to entry into force have reached the age of 57 and who are entitled to benefit owing to an ongoing benefit period. 2 2

25 2001:28 This Act enters into force on 1 April Older provisions apply in cases where a reconsideration decision has been made before then. 2002: This Act enters into force on 1 January Older provisions still apply for special education allowance that refers to periods prior to entry into force. 2003: This Act enters into force on 1 September The provisions of Section 14 a shall not be applied to those who have started participation in the Activity Guarantee prior to the entry into force of the Act. 3. Sections 17 and 23, as formerly worded, apply to those who started participation in the Activity Guarantee prior to the entry into force of the Act. T H E M I N I S T RY O F I N D U S T RY, E M P L O Y M E N T A N D C O M M U N I C AT I O N S 2 3

26 Unemployment Funds Act (1997:239) General provisions SECTION 1 In accordance with the Unemployment Insurance Act (1997:238), unemployment insurance is managed by unemployment funds that have been registered in accordance with Sections 7 to 14. Unemployment funds are associations, about whose formation and operations more detailed provisions are contained in this Act. The operations of an unemployment fund shall comprise a particular operational area. An operational area comprises a particular professional category or sector or certain closely-related categories or sectors. [...] Members of the unemployment funds Right to membership SECTION 34 Membership of an unemployment fund is open to any individual who satisfies the conditions prescribed by the regulations of a fund, concerning work within the operational area of the fund. However, membership may only be granted to those who during a consecutive period of five weeks have performed gainful work for at least four weeks, for on average at least 17 hours per week, and still work to at least this extent. Membership is not open to those who 1. are members of another unemployment fund, or 2. have reached the age of 64. Membership is also open to those who, as a result of satisfying the study condition contained in the Unemployment Insurance Act (1997:238), are entitled to benefit in accordance with the basic insurance and who have qualified for work in the professional category or sector within the operational area of the fund. When membership of an unemployment fund is granted, ad- 2 4

27 mission to the fund is deemed to have occurred on the first date of the calendar month in which gainful work according to the first paragraph was started, though at the earliest on the first day of the calendar month when the application for membership was made. (SFS 2000:1461). SECTION 34 a Those who are members of an unemployment fund and perform gainful work within the operational area of another fund are not required to have repeated such a period of gainful work as referred to in Section 34, first paragraph, in order to be entitled to become members of the other fund. (SFS 2000:1461). SECTION 35 The unemployment fund shall keep a register of its members. The register shall contain details of 1. the name, civil registration number, postal address and the date of admission to the fund of each member, and 2. the fees and other payments the member has made. SECTION 36 Membership of an unemployment fund ceases without notice of termination on the date the member reaches the age of 65. Expulsion of members SECTION 37 The board of the unemployment fund shall, unless there are special reasons not to do so, expel a member who 1. neither satisfies nor during the last six months has satisfied the provisions of the fund s regulations regarding work within the operational area of the fund, or 2. deliberately or by gross negligence has provided incorrect or misleading information about any circumstance of relevance for her or his entitlement to membership or benefit. If there are special reasons to do so, the board shall, instead of expelling the member, deny her or him the entitlement to benefit in accordance with the provisions of the Unemployment Insurance Act (1997:238). The first paragraph, item 1, does not apply to such members who base their membership solely on circumstances referred to in Section 34, second paragraph. SECTION 38 If, in a matter concerning expulsion of a member, infor- T H E M I N I S T RY O F I N D U S T RY, E M P L O Y M E N T A N D C O M M U N I C AT I O N S 2 5

28 mation not without relevance to the issue of expulsion has been introduced into the matter by someone else, the matter may not be determined before the member has been notified thereof and been afforded an opportunity to comment on the information. The member shall be deemed to have received notice concerning the information if it has been dispatched by registered letter to the member s ordinary address. SECTION 39 A decision whereby a member has been expelled shall contain the reasons that have determined the outcome, if this is not manifestly unnecessary. The decision shall also state the date from which the expulsion shall apply. If a decision on expulsion is made in accordance with Section 37, item 1, during such time as the member is entitled to benefit, the expulsion shall apply from and including the date following which the member s entitlement to benefit ceases. Right to resign SECTION 40 Notice shall be given in order to resign from an unemployment fund. Such notice shall be given in writing and contain details of the date for the resignation. A member s right to resign from an unemployment fund may not be restricted. Further provisions concerning resignation are contained in Sections 45 to 46. Membership fees and supplementary fees SECTION 41 An unemployment fund shall collect membership fees that, in combination with other income, may be deemed to cover the fund s administrative costs, payment of the financing charge and equalisation charge together with other expenditure. An unemployment fund may decide on different membership fees for different categories of members, if there is reason to do so. SECTION 42 Notwithstanding the provisions of the regulations, an unemployment fund may decide on a supplementary fee, if the assets of the unemployment fund are insufficient to properly carry out its operations. 2 6