New rule 2019 - change in right depending on year?

Hello, I am contacting you regarding the new law (dagpenge), that will start on 1st Jan 2019. I have read the rule but due to my situation I have few questions I need help with:


My situation is:
- I am a EU citizen and have A-kasse insurance since many years ago
- I studied in DK from 2002 to 2004, then started working in Denmark (DK local contract with a subsidiary of a US company) and in May 2010 the company sent me as expat to the US (still same company)
- Worked for the same company in the US: May 2010 - May 2016, then returned to DK
- Working in DK for same company since June 2016

The new law:
In the future only people who have stayed in Denmark, Greenland, Faroe Islands or another EU/EEA country in 7 out of the last 12 years can claim Unemployment benefits ("Dagpenge").However, the new requirement will be phased in over 3 steps:

in 2019 the requirement is five out of the last twelve years
in 2020 the requirement is six out of the last twelve years
in 2021 the requirement is seven out of the last twelve year
My understanding of my situation is:

- I will qualify at 1st Jan 2019 (5 years of 12 years in DK: I would have been 6 years out of 12)

- I will qualify at 1st Jan 2020 (6 years out of 12 years in DK: I would have been 6 years out of 12)

- I will NOT quality at 1st Jan 2021 (7 years out of 12 years in DK: I would have stayed 6 years out of 12)

- I will NOT quality at 1st Jan 2022 (7 years out of 12 years in DK: I would have stayed 6 years out of 12)

- I will NOT quality at 1st Jan 2023 (7 years out of 12 years in DK: I would have stayed 6.5 years out of 12)

- I will quality at 1st Jan 2024 and onwards (7 years out of 12 years in DK: I would have stayed 7.5 years out of 12)



Questions:

- Is my understanding correct? that I can quality for some years but others not?

- do I quality for any of the exceptions?

- is the law also applied to Top Danmark salary insurance?
in Dagpenge by

1 Answer

1

Hi,

I agree with your calculation.

On January 1, 2019 you will have stayed in Denmark 6 years (and maybe little more), and therefore meet the requirement in 2019.

In 2019 only 01.01.2007-01.05.2010 is counted from your "first" period in Denmark. Because we go 12 years back from January 1, 2019.

Also in 2020 you will have stayed here little over 6 years.

But in 2021 only 01.01.2009-01.05.2010 can be counted from your "first" period in Denmark. So after this you will still only have stayed here in little over 6 years also in 2021.

But in 2021 this will not be enough, because the requirement will be full phased in and be 7 out of the last 12 years.

So as I see it you will be able to get dagpenge in 2019 and 2020, but not in 2021, 2022 and 2023.

In 2023 nothing of your "first" period in Denmark will count, because it will then be more than 12 years since.

And yes, I also agree that from 2024 you will meet the requirement.

This case/situation is not mentioned in the new law, and therefore we can not say what the practice will be or how the A-kasse will process your case.

The exceptions?

posted by a danish company? Only if you was posted by the danish subsidiary, and you kept your employment with the danish subsidiary during your stay i US, then you will be able to count this as stay in Denmark. Also it requires that you kept a connection to Denmark, while working in US.
The danish subsidiary must be registered in Denmark (CVR-register) and must perform activities in Denmark.

studying abroad? You did not move to US for studying, so you can not use that exception. I assume it was "normal" work in US, and not education.

Is Lønsikring affected by the new law? Whether the law is applied to TopDanmark Lønsikring, you must ask TopDanmark about. The extra salary insurance is a very different product than the normal Unemployment Insurance, and the different Insurance companies can have specific terms and conditions.

So you must ask TopDanmark.

We can only recommend you also to ask your A-kasse.

Best regards,

by
Thanks for your answer. I have asked my own A-kasse and TopDanmark.

However, I would like to get more clarity on the Danish company. The company is a subsidy from an American company, so for instance like IBM or PwC that are not Danish vs. Lundbeck or NovoNordisk. But I was posted by the Danish subsidiary and kept my Cpr nr and work contract in Denmark, I was posted as a ‘long term assignment’, so kept a strong link to Denmark.  Would that not qualify for an exception?
Thanks again.
by
Hi,
I have updated my answer about this. Please read our initial answer again.
By this definition of a danish company, it also includes danish subsidiaries of companies based in other countries, like for example the danish subsidiary of IBM, Microsoft, Pwc etc.

So if you kept your work-contract with the danish subsidiary, and kept strong link to Denmark, then you should be able to use the exception. And therefore will be able to count your years in US as if it was in Denmark.
by
edited by
Hello, thanks. Yes, the Danish subsidiary has a registered CVR and my contract was always in DK, i.e. I had to sign an ‘assignment letter’ but was paid from Denmark into my Danish bank account in DKK and also was under the Danish working law. The expectation from the Danish subsidiary is that they send you overseas to develop you with new skills and the you return to apply those new skills. So I was ‘on loan’ to the US, with the expectation that I would return after my assignment.

What do you mean with ‘strong connection’ to Denmark? Could you please give some example or more context.

Thanks
by
Hi,
I only used the term "strong" because you mentioned it your self. In the works/discussions that led to the final law, it has only been mentioned that you need to keep a connection to Denmark.
But it is difficult to say exactly what is meant by this - we have to see how the new law will be interpreted by the A-kasser when processing these cases, or if there will come some detailed guidance from the Public administration.
However there will not be any requirement about that you must keep obligations in Denmark. If you keep your CPR, a bank-account etc, I think it will be sufficient.
I am afraid that I can't say more now..we will probably know more later.
But we can only recommend to ask your A-kasse also, or maybe ask the Ministry behind the new law (https://bm.dk/).
Best regards,
Anders, www.a-kasser.dk
by

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