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Hello I have a tricky situation as I am stuck between being entitled to benefits as a graduate as well as an employee.
I used to get a-kasse benefits as an employee, but then started master studies. This month (Oct 7th) I have graduated and I am able to receive benefits as a graduate from the following day. During all my study period I was working (and still have a part time job). After graduation reading information from a-kasse I have found out that one is able to get benefits as an employee if worked more than 1924 hours. I have calculated mine, and I have slightly more than 1924.
The problem is, my employee is paying salary for the previous month – basically around 25th every month I am payed for the previous one. In order for me to have a total of 1924 hours, the hours worked in September have to be included in the calculation (otherwise I am missing ±30h). However since salary for September was payed out on 22nd of October, the a-kasse did not include them in calculation. They state that I have enough hours and can apply for benefits as an employee from 1st November or as a graduate from 8th October.
So my question is if I have an option to argue, that the hours should be calculated by the period they were worked, not by the period they were payed out and reported to SKAT, and be allowed to receive benefits as an employee from next day after graduation.
Thanks in advance.
Hi,
normally for being eligible for unemployment benefits you must meet the income-requirement, i.e. its not the working hours that is of interest but the income you have earned.
However, you tell that you was receiving dagpenge (A-kasse benefits) before you started master studies, and that you have been working part time during your studies.
I need more information, before I can give you an answer:
- When did you start master study?
- How many years did the master take to complete?
- Were you still in the 2-year dagpenge-period when you started master? If yes how much was left of the period?
- Do you have working hours registered on your beskæftigelseskonto? You can see this on Jobnet.dk
- Have your A-kasse told you that you must earn right to dagpenge by working hours (1.924) and not earned income?
Let me know this, then I can probably give you a more precise answer.
Best regards,
Anders Weber, A-kasser.dk
Hi,
yes, you are right about what we write on our website. And that’s why I asked, because I had to find out if you are still in a current dagpenge-period (which you seem to be). In this case it is the working hours requirement („beskæftigelseskravet‟) you must fullfill to earn a new 2-year dagpenge-period.
The relevant legislation is „Bekendtgørelse om indkomst- og beskæftigelseskravet for ret til dagpenge„, § 14.
According to §14, stk.1 it is a condition in order for paid hours to be included in the calculation of the employment requirement („beskæftigelseskravet‟), that the hours have been reported to the income register, cf. the Income Register Act („lov om et indkomstregister.‟).
However §14, stk. 3 states:
If the member has not got registered a sufficient number of paid hours to meet the employment requirement at the time when the A-kasse is required to calculate the number of employment hours, pay hours that are in the reporting period in which unemployment occurs can also be included in the employment requirement.
In these cases, the A-kasse must wait for the registration for the reporting period in which the unemployment occurs. If the member then meets the employment requirement, it will be possible to postpay unemployment benefits from the date where the unemployment occured, if the other conditions for payment are met.
So I will recommend you to try – when you talk with your A-kasse, to point to these paragrahs in the law.
You are welcome to post the result here.
Best regards,
Anders Weber, A-kasser.dk
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