Terug naar Encyclopedie
Sociale Zekerheid

The Legal Basis of the WW Job Application Obligation: Article 40 of the Work and Assistance Act and the Role of the UWV Control Procedure

Discover the legal basis of the WW job application obligation (art. 40 Wwb), UWV controls and sanctions. Amsterdam tips with District Court and Legal Aid Office.

3 min leestijd

The Legal Basis of the Job Application Obligation under WW in Amsterdam

The job application obligation under the Unemployment Act (WW) is a statutory requirement for unemployed employees to actively seek work. This obligation is regulated in Article 40 of the Work and Assistance Act (Wwb), which forms the basis for the UWV control procedure. In Amsterdam, where unemployment is a current issue, non-compliant individuals risk recovery of benefits or sanctions. This article highlights the legal basis, the UWV's role and local examples, with references to District Court Amsterdam (Parnassusweg 220) and Legal Aid Office Amsterdam (Vijzelstraat 77).

What does the job application obligation entail for WW recipients?

The job application obligation involves a mandatory effort for those receiving WW benefits: actively applying for jobs and documenting this. It promotes rapid reintegration and self-reliance, especially in dynamic regions like Amsterdam.

Laid down in Article 40 Wwb, with implementation via the WW policy rules. The UWV checks compliance, often with attention to the Amsterdam labour market.

Legal frameworks

  • Article 40 Wwb: Core rules for job application obligations and evidence requirements.
  • WW policy rules: Specifies requirements such as weekly job applications and portfolio maintenance.
  • Article 41 Wwb: Sanctions for shortcomings, including recovery of benefits.

The UWV assesses via a control procedure based on letters, interviews and portfolios, with local offices in Amsterdam handling this.

UWV control in practice

The UWV enforces strictly, with controls via requests or home visits. In Amsterdam, you often receive a summons to show your job application records.

Steps in the UWV procedure

  1. Document request: Inspection of portfolio and evidence.
  2. Analysis: Check on volume, quality and suitability for Amsterdam vacancies.
  3. Decision: Sanction such as reduction or termination in case of non-compliance.
  4. Objection and appeal: First at UWV, then at District Court Amsterdam, Parnassusweg 220. Free advice via Legal Aid Office Amsterdam, Vijzelstraat 77.

Limits on UWV powers

The UWV may conduct checks, but not:

  • Share personal data without consent.
  • Demand irrelevant information.
  • Contact employers without agreement.

In case of overreach: complaint to UWV Complaints Desk or Data Protection Authority. In Amsterdam, the Legal Aid Office can help.

Amsterdam examples

Practical cases from the region clarify the obligation.

Example 1: Good compliance

You apply weekly for 4-6 Amsterdam vacancies (e.g. via Indeed or local job sites), document everything in a portfolio with rejections and interviews. UWV approves.

Example 2: Shortcoming

You report only 2 applications per month, without evidence or suitable for your level. UWV imposes 50% reduction for 1 month. Objection fails at District Court Amsterdam due to lack of documentation.

Example 3: Local success story

An Amsterdam resident wins appeal at District Court Amsterdam by demonstrating that UWV was too strict on 'suitable employment' in a tight market. Advice from Legal Aid Office Amsterdam crucial.

Action tips for Amsterdammers

  • Build a digital portfolio with scans of letters and responses.
  • Apply for region-specific jobs (hospitality, tech, logistics).
  • Seek help from Legal Aid Office Amsterdam, Vijzelstraat 77 in case of problems.
  • Prepare for UWV controls via the app or portal.