BWBV0004546
Artikel 72
Europese Code inzake Sociale Zekerheid (herzien)
1. Where this article is applied, the amount of any periodical payment shall be no less than the percentage referred to in one of the two following sub-paragraphs for a beneficiary considered alone, or for a beneficiary with dependants, as defined in the schedule appended to this part:
a) for a beneficiary considered alone, the amount shall be no less than the percentage of the minimum legal or minimum inter-occupational wage, or of the wage of an ordinary labourer, in respect of the contingency in question;
b) for a beneficiary with dependants, the said amount, increased by the amount of any family allowances paid during the period covered by the contingency, shall, in respect of the contingency in question, be no less than the percentage specified in the schedule of the sum of the minimum legal or minimum inter-occupational wage, or of the wage of an ordinary labourer, and the amount of any family allowances payable to a protected person with the same family responsibilities as the beneficiary.
2. The minimum wage, the wage of an ordinary labourer, the periodical payment and the family allowances shall be calculated on the same time basis.
3. Where the legislation of a Party provides that the periodical payments are subject to tax or social security contributions, the minimum wage or the wages of an ordinary labourer to be taken into account for the purpose of this article shall be:
a) either the gross wages before any tax or social security contributions, in which case the periodical payment to be compared with this wage is the gross periodical payment before tax or social security contributions; or
b) the wage net of any tax or social security contributions, in which case the periodical payment to be compared with this wage is the periodical payment net of any tax or social security contributions.
4. Where the legislation of a Party provides that the periodical payments are subject neither to tax nor to social security contributions, the minimum wage or the wages of an ordinary labourer to be taken into account for the purpose of this article may be the salary net of any tax or social security contributions.
5. For the purposes of this article, an ordinary labourer is:
a) a labourer in the mechanical, non-electrical, engineering industry; or
b) a typical labourer as defined in the provisions of the following paragraph.
6. The typical labourer selected for the purpose of sub-paragraph b of the foregoing paragraph shall be a person in the class comprising the largest number of persons protected in respect of the contingency in question, or of their breadwinners, in the branch of industry comprising in turn the largest number of such persons or breadwinners ; for this purpose the international standard industrial classification of all economic activities, adopted ty the Economic and Social Council of the United Nations Organisation at its 7th Session on 27 August 1948 and reproduced, as revised in 1968, in the appendix to this (revised) Code shall be used, regard being had to any further revision it may undergo.
7. Where benefit varies according to region, the ordinary labourer may be determined for each region in accordance with paragraphs 5 and 6 of this article.
8. The minimum wage, or the wage of the ordinary labourer, selected in accordance with sub-paragraph a or b of paragraph 5 of this article, shall be determined on the basis of the wages for a normal number of hours of work as fixed either by collective agreements, by or in pursuance of national legislation, or by custom, including any cost-of-living allowances; where the wage thus determined differs according to region and the foregoing paragraph is not applied, the median wage shall be taken.
9. In the case of part-time work the percentage corresponding to the standard must be observed, but periodical payments may be reduced accordingly.
10. The amount of current periodical payments for invalidity, old-age or the death of the breadwinner and for the contingencies referred to in sub-paragraphs c and d of paragraph 1 of Article 32 shall be reviewed, under prescribed conditions, following any appreciable changes in the general level of earnings or in the cost of living.
a) for a beneficiary considered alone, the amount shall be no less than the percentage of the minimum legal or minimum inter-occupational wage, or of the wage of an ordinary labourer, in respect of the contingency in question;
b) for a beneficiary with dependants, the said amount, increased by the amount of any family allowances paid during the period covered by the contingency, shall, in respect of the contingency in question, be no less than the percentage specified in the schedule of the sum of the minimum legal or minimum inter-occupational wage, or of the wage of an ordinary labourer, and the amount of any family allowances payable to a protected person with the same family responsibilities as the beneficiary.
2. The minimum wage, the wage of an ordinary labourer, the periodical payment and the family allowances shall be calculated on the same time basis.
3. Where the legislation of a Party provides that the periodical payments are subject to tax or social security contributions, the minimum wage or the wages of an ordinary labourer to be taken into account for the purpose of this article shall be:
a) either the gross wages before any tax or social security contributions, in which case the periodical payment to be compared with this wage is the gross periodical payment before tax or social security contributions; or
b) the wage net of any tax or social security contributions, in which case the periodical payment to be compared with this wage is the periodical payment net of any tax or social security contributions.
4. Where the legislation of a Party provides that the periodical payments are subject neither to tax nor to social security contributions, the minimum wage or the wages of an ordinary labourer to be taken into account for the purpose of this article may be the salary net of any tax or social security contributions.
5. For the purposes of this article, an ordinary labourer is:
a) a labourer in the mechanical, non-electrical, engineering industry; or
b) a typical labourer as defined in the provisions of the following paragraph.
6. The typical labourer selected for the purpose of sub-paragraph b of the foregoing paragraph shall be a person in the class comprising the largest number of persons protected in respect of the contingency in question, or of their breadwinners, in the branch of industry comprising in turn the largest number of such persons or breadwinners ; for this purpose the international standard industrial classification of all economic activities, adopted ty the Economic and Social Council of the United Nations Organisation at its 7th Session on 27 August 1948 and reproduced, as revised in 1968, in the appendix to this (revised) Code shall be used, regard being had to any further revision it may undergo.
7. Where benefit varies according to region, the ordinary labourer may be determined for each region in accordance with paragraphs 5 and 6 of this article.
8. The minimum wage, or the wage of the ordinary labourer, selected in accordance with sub-paragraph a or b of paragraph 5 of this article, shall be determined on the basis of the wages for a normal number of hours of work as fixed either by collective agreements, by or in pursuance of national legislation, or by custom, including any cost-of-living allowances; where the wage thus determined differs according to region and the foregoing paragraph is not applied, the median wage shall be taken.
9. In the case of part-time work the percentage corresponding to the standard must be observed, but periodical payments may be reduced accordingly.
10. The amount of current periodical payments for invalidity, old-age or the death of the breadwinner and for the contingencies referred to in sub-paragraphs c and d of paragraph 1 of Article 32 shall be reviewed, under prescribed conditions, following any appreciable changes in the general level of earnings or in the cost of living.
- Citeren als
- Art. 72
- Status
- Geldend recht
- Identificatie
- BWBV0004546
- Officiële bron
- wetten.overheid.nl