The legal basis of the application obligation under WW in Rotterdam
The application obligation under the Unemployment Act (WW) is a statutory obligation for unemployed employees to actively seek work. This obligation is laid down in Article 40 of the Work and Assistance Act (Wwb), which forms the basis for the control procedure of the UWV in Rotterdam. Failure to comply with this obligation risks recovery of benefits or even a sanction. This article explains the legal basis, shows the role of the UWV and provides practical examples specific to Rotterdam.
What is the application obligation under WW in Rotterdam?
The application obligation is a statutory obligation for unemployed employees receiving WW benefits in Rotterdam. This obligation means that you must actively seek new employment and take demonstrable steps to do so. The aim is to limit unemployment and promote the self-reliance of employees, particularly in Rotterdam's dynamic labour market.
This obligation is laid down in Article 40 of the Work and Assistance Act (Wwb), but its implementation is regulated in the WW Regulations. The UWV Rotterdam plays a crucial role in checking whether you comply with this obligation.
Statutory basis
- Article 40 Wwb: Contains the general rules on the application obligation and the associated obligations.
- WW Regulations: Provides concrete guidelines on how the application obligation must be complied with, such as the number of applications and keeping an application portfolio.
- Article 41 Wwb: Describes the consequences of non-compliance with the application obligation, such as recovery of benefits.
The UWV Rotterdam is responsible for checking whether you comply with the application obligation. This is done through a UWV control procedure, in which the UWV can assess your application efforts based on documents such as application letters, confirmations of interviews and your application portfolio. In case of disputes, you can go to the Rechtbank Rotterdam, Wilhelminaplein 100-125.
The role of UWV Rotterdam in control
UWV Rotterdam plays a central role in enforcing the application obligation. It conducts checks to determine whether you meet the statutory requirements. This usually happens via a UWV request or a control visit in the region. The UWV may ask you to submit your application portfolio, in which you must document all your efforts in applying for jobs.
How does the UWV control procedure work in Rotterdam?
- Request for documents: UWV Rotterdam may ask you to submit your application portfolio or other evidence.
- Assessment: The UWV assesses whether your efforts meet the statutory requirements. This may, for example, concern the number of applications, the quality of your application letters and the frequency of your contacts with employers in the port city.
- Decision: If the UWV concludes that you do not comply with the application obligation, it may impose a sanction, such as recovery of benefits or a reduction in your benefit.
- Appeal: You can lodge an appeal against the UWV's decision with the Rechtbank Rotterdam, Wilhelminaplein 100-125.
What is UWV Rotterdam allowed to do?
The UWV has the right to check your application efforts, but there are limits to what it may request. For example, the UWV may not:
- Share your personal data without your consent.
- Compel you to provide information that is not relevant to the application obligation.
- Contact your employers or application partners without your consent.
If you think the UWV is exceeding its bounds, you can seek free advice from the Juridisch Loket Rotterdam, Westblaak 180 or report this to the UWV Complaints Committee.
Practical examples in Rotterdam
To get a better idea of what the application obligation entails in the Rotterdam context, here are some practical examples.
Example 1: Sufficient applications
Suppose you receive WW benefits in Rotterdam and apply every week for at least 5 vacancies that match your profile, such as in logistics or port companies. You keep a good overview in your application portfolio, including confirmations of interviews and feedback from employers. In this case, you probably comply with the application obligation.
Example 2: Insufficient applications
You only apply once a month and cannot provide evidence of active job search efforts. UWV Rotterdam initiates a control and imposes a sanction. You can object to this via the Juridisch Loket Rotterdam, Westblaak 180.
Example 3: Successful control
After a control visit from UWV Rotterdam, you submit a detailed application portfolio with applications to local companies such as Erasmus MC or Havenbedrijf Rotterdam. Your benefit is continued.