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In accordance with the decision of the Parliament:
This law determines whether a person is to be subject to the following social security legislation:
1) National Pensions Act (568/2007) , child-related law (796/1992) , maternity law, (477/1993) , the Housing Act (108/1975) And disability benefits law (1920/2007) ; and
(2) Law on the pension of the pensioner; (171/2007) , the Front National Pensions Act (19/1997) , law on the guarantee pension (1903/2010) And maintenance laws (1080/2008) .
However, a person shall be subject to the legislation referred to in paragraph 1 (2) only if he is deemed to be resident in Finland on the basis of Articles 3, 3a or 4.
This law shall not apply to the extent that Regulation (EC) No 883/2004 of the European Parliament and of the Council on the coordination of social security systems, hereinafter referred to as EU Regulation 883/2004 , or of an international agreement which is binding on Finland.
This Act is implemented by the Social Insurance Institution, as provided for by the Law on National Pensions (11,91/2001) .
For the purposes of this law:
(1) An employee A person in a position of employment, office or other service and a worker's pension law (395/2006) , whose working time and earnings meet the unemployment insurance law (1290/2002) The conditions laid down in Article 4; (30.12.2013/1196)
(2) Work, Work in the employment, post or other service referred to in paragraph 1;
(3) Entrepreneur The person who is the entrepreneur's pension (1272/2006) , the obligation to take out insurance under the law or the pension scheme of the farmer (1280/2006) in Article 3 , which is obliged to take out insurance under Article 10 of the Law; (19/12/2015)
(4) A posted worker; The worker referred to in paragraph 1, who has been posted by the employer to work in another country and who is employed by the sending employer or with the employer in an emo, daughter or sister undertaking belonging to the same economic entity Or any other undertaking in which the sending employer has control;
(5) Researcher A person carrying out post-doctoral scientific research;
(6) Student body A person who is in training leading to a professional or investigation;
6a) Grant recipient The person referred to in Article 8 (a) of the Pensions Act, who is obliged to take out insurance in accordance with Article 10a of the Law; (19/12/2015)
(7) The missioner A person who is a member of the Danish Embassy, Evangelical Lutheran or the Orthodox Church or of a registered religious community posted abroad by the registered religious community and who is employed by that employer; During missionary work and occupational pension insurance in Finland; (19/12/2015)
(8) Development cooperation worker A person working in the development project if the development of the development cooperation budget of the Finnish State is used for the financing of the project, or if the Finnish State is otherwise engaged in an international Through the activities of an international organisation; (19/12/2015)
(9) Family members The spouse of the person and his or her spouse under the age of 18 years; the spouses shall be treated as a woman and a man who are permanently living in a common household under conditions of marriage; (19/12/2015)
(10) A person of Finnish origin A foreigner who has obtained a residence permit (301/2004) On the basis of paragraph 1 (1) or Article 48; (19/12/2015)
(11) Refugee A foreigner who has been granted asylum or refugee status under refugee status in Finland on the basis of a refugee status, or who is a member of the family as a refugee and has received a residence permit on the basis of a family name; and (19/12/2015)
(12) A stateless person The person referred to in the Convention on the Status of Stateless Persons (Sophie 80/1968). (19/12/2015)
Social security legislation applies to a resident of Finland who has a permanent residence and home in Finland and is constantly resident in Finland.
Social security legislation applies to a person who moves to Finland, starting with the arrival of a person who, in the light of his circumstances as a whole, is regarded as having a permanent residence in Finland.
Account shall be taken, inter alia, of the fact that:
1) he has previously resided in Finland on a permanent basis, or that he is of Finnish origin;
2) he is a refugee or has obtained a residence permit in Finland on grounds of subsidiary protection or humanitarian protection; (8.5.2009/325)
(3) he is a member of the family of a person permanently resident in Finland;
(4) he/she has a contract of employment or similar agreement in Finland for the purpose of work or has been awarded a foreign law; (301/2004) The European Union Blue Card referred to in paragraph 26; (30.12.2013/1196)
(5) he has actually lived in Finland for at least one year after moving to the country; or (30.12.2013/1196)
6) he has other links with Finland.
A person is not considered to have a permanent residence in Finland if he/she moves to the country solely for the purpose of study.
In Finland, under this law, a person seeking asylum in Finland is not considered to be resident in Finland during the period during which he resides here without the final decision on his application for asylum or removal from the country. In addition, the person receiving a residence permit on the basis of the need for temporary protection shall not be regarded as a permanent replacement for Finland.
If, at the time of entry into the country, a person has not been deemed to have a permanent residence in Finland, the condition may be considered to be met later, subject to the condition that the condition of the social security legislation is met.
Notwithstanding the provisions of Articles 3 and 3a, the social security legislation referred to in Article 1 (1) (1) shall apply to the worker from the start of the work in Finland, if he/she works continuously for a period of at least four months.
The social security legislation referred to in Article 1 (1) (1) shall apply to an entrepreneur whose entitlement to social security is determined by virtue of the provisions of Article 1 (1) of the EU Regulation, including the start of an enterprise, where he has completed a continuous period of For at least four months.
Subject to Article 3, the application of social security legislation under this Act shall cease to apply at the end of the activity referred to in paragraph 1 or at the end of the business referred to in paragraph 2.
However, the application of social security legislation shall continue to apply to the person applying for a residence permit fulfilling the residence permit requirement laid down in Article 3c below, to the person who is registered and who is seeking employment here, whose work is preceded by unemployment. Lasted at least six months.
For the purposes of this law, residence is required to be legal. If a residence permit is required, it shall be valid and valid for at least one year.
The residence permit requirement is also fulfilled when:
(1) the residence permit has been issued for less than one year under Article 53 (1) or (2) of the Aliens Act; or
2) the person has the right to work as provided for in Article 78 (1) or (2) or (2), (2), (4), (5) or (7) of the Aliens Act.
If a residence permit has been applied for in the cases referred to in Article 60 of the Aliens Act in Finland and has been granted, the application for a residence permit in accordance with this Act is already fulfilled for the submission of an application for authorisation.
Social security legislation does not apply to a person who is permanently resident abroad. However, social security legislation continues to apply to a resident of Finland who temporarily stays abroad if the stay can be estimated to last for a maximum of one year.
A person who repeatedly stays abroad in such a way that the non-consecutive stay abroad does not exceed one year shall only be subject to social security legislation if, in spite of his stay abroad, he or she is deemed to have a permanent residence in Finland and Have fixed links with Finland.
Social security legislation applies to Finnish citizens working abroad if he:
(1) assigned to the foreign representation of Finland and is in service with the State of Finland;
(2) is a private servant of the Finnish State or a private servant of the person referred to in paragraph 1 if the social security legislation was applied immediately before the date of employment;
(3) serves another function equivalent to paragraph 1 and enjoys the same privileges and immunities as the diplomatic representatives and is in service with the Finnish employer; or
4) is a missionary or a development worker posted from Finland if the social security legislation was applied immediately before the start of the service.
(9.7.2004)The Ministry of Foreign Affairs or another employer referred to in paragraph 1 shall, without delay, inform the National Pensions Office of the beginning and termination of the foreign work of the persons referred to in paragraph 1, the suspension of employment and the other Matters affecting social security.
The social security legislation under this law shall apply to a Finnish vessel under the Law on Maritime Labour (1806/2011) In respect of the person in service. (17,061/767)
Act on the list of merchant vessels for foreign trade (1707/1991) Shall not be subject to the provisions of social security legislation on a person employed in a Finnish vessel listed in a Finnish vessel listed in accordance with paragraph 1, unless he or she, within the last year before the The vessel has not lived in Finland as provided for in Article 3.
L for the list of merchant vessels for foreign transport 1707/1991 Has been repealed by L for improving the competitiveness of maritime transport vessels 1277/2007 .
The application of social security legislation shall continue to apply to a person staying abroad for more than one year who has fixed links with Finland and which is:
(1) posted worker posted abroad by the Finnish employer from Finland;
(2) an employee taken by a Finnish employer abroad; or
3) a full-time student or researcher or grant recipient. (19/12/2015)
For the purposes of assessing whether a person has fixed links with Finland, as referred to in Articles 4, 7 and 8, consideration shall be given to a comprehensive review of the situation of the person. The evaluation shall take into account the duration and continuity of residence and residence in Finland and in another country as well as family ties. As proof of fixed links, there can be repeated stay, accommodation, employment, the nature of the work, the place of employment of the employer and the organisation of occupational pension provision in Finland, as well as other such comparable elements.
The members of a family member referred to in Articles 5 and 7 abroad shall continue to apply social security legislation on the application, provided that he does not continue for more than four consecutive months. Are not covered by the law of a foreign country or, on the basis of their circumstances, may not be estimated to be more closely linked to a foreign country than to Finland.
The same shall apply to a family member living abroad with him in the same household, if the former is subject to the provisions of the Finnish legislation on social security in respect of which the provisions of Regulation (ec) No 883/2004 or Finland are binding on Finland. On the basis of an agreement and not subject to the provisions of EU Regulation (ec) No 883/2004 or the international agreement. (30.12.2013/1196)
If, on the basis of a social security regulation or an international agreement binding to Finland, a person is subject to the social security legislation of a foreign country, he shall not be subject to the provisions of the Social Security Regulation or the Agreement In the case of legislation, the social security legislation referred to in this Act.
A foreign national does not apply social security legislation in accordance with this law if he: (9.7.2004)
(1) serving as a diplomatic representative of a foreign country or seconded as a consular representative or within the United Nations or within the framework of a special organisation or any other intergovernmental organisation;
(2) belongs to the administrative or technical staff of the foreign delegation of a foreign country or to the service;
(3) is a family member living in the same household as referred to in paragraphs 1 or 2 and is not covered by the Finnish social security scheme on the basis of his own gainful activity; or
4) is a private servant of the person referred to in paragraph 1 and is subject to other State social security legislation.
Paragraph 1 (2) to (4) shall not apply to a person who has lived in Finland immediately before the beginning of the service.
As far as the Finnish citizen is concerned, the law also applies to a refugee and a stateless person subject to social security legislation in accordance with this law.
On application, the person shall be entitled to a decision on whether or not to apply social security legislation. The decision is taken from the National Pensions Office.
An application for the application of social security legislation to the person referred to in Articles 7 and 8 shall be made to the Social Insurance Institution within one year of the date on which the person moved abroad or when the previous decision expired. There is a specific reason for derogation from the deadline. However, the time limit shall not apply to the family member of the person referred to in Article 5.
The decision on the application of social security legislation to the person referred to in Articles 7 and 8 shall be limited to a period of not more than five years from the date of transfer abroad. The application of social security legislation may be extended for a maximum of five years if the person continues to have fixed links with Finland. The member of the family of a person referred to in Article 5 shall, however, be given a period of time for the person referred to in Article 5 to work abroad.
A person who has been subject to social security legislation for a period of ten years on the basis of Articles 7 and 8 may give a new decision on the application of social security legislation if he has resided in Finland for at least one year before: Submission of a new application.
The Social Insurance Institution shall adopt a decision on the application of social security legislation, on the basis of Articles 4 to 6, to a person whose stay abroad is informed.
The Social Insurance Institution does not, however, issue a decision to a person working abroad in so far as the Pension Security Centre (Pension Security Centre) Article 2 of Regulation (ec) Paragraph 2 (3) determines whether a person working abroad is subject to the Finnish social security legislation. (30.12.2013/1196)
A person falling within the scope of social security legislation is obliged to inform the National Pensions Office without delay of any changes in their circumstances, such as the return of Finland and the return to Finland, foreign work, study or research, and And the suspension of operations, the access to the social security system and other changes in circumstances which may affect social security.
Where circumstances have changed following the adoption of a decision within the meaning of this Law that the conditions for the adoption of a decision no longer exist, the National Pensions Institute may change its decision on the date of the change in circumstances. The decision referred to in this Article shall be subject to appeal as provided for in Article 13.
The decision of the National Pensions Office shall not be subject to appeal against the decision of the Social Security Board of Appeal and the decision of the Social Security Board of Appeal dissatisfied with the right of insurance. The decision to appeal shall not be appealed against. (22.12.2006/1310)
The party shall be deemed to have received the information from the decision on the seventh day following the date on which the decision was sent by letter at the address given by him, unless otherwise displayed.
The letter of appeal shall be submitted to the National Pensions Office within 30 days of receipt of the decision by the appellant.
The decision of the Social Insurance Institution shall, in spite of the appeal, be complied with until a decision has been taken by a final decision.
If the Social Insurance Institution fully accepts the requirements of the complaint submitted to it, it shall issue a decision on the matter. An appeal shall be brought against the decision of the amendment as provided for in Article 13.
If the Social Insurance Institution cannot rectify the contested decision as mentioned in paragraph 1, it shall, within 30 days of the end of the period of appeal, forward the appeal and its opinion to the appeal body concerned. In such a case, the Social Insurance Institution may, by way of a temporary decision, correct its previous decision in so far as it accepts the claim made in the complaint. If the appeal has already been submitted to the appeal body, the provisional decision shall be notified to it without delay. The interim decision shall not be subject to appeal.
The period referred to in paragraph 2 may be waived if the request for further clarification as a result of the complaint is required. In that case, the applicant shall be informed without delay. However, the statement of appeal and the opinion shall always be submitted to the appeal body concerned within 60 days of the end of the appeal.
Although the appeal to the Appeals Board or the Code of Insurance has arrived after the deadline laid down in Article 13, the appeal may be admissible if there have been compelling reasons for the delay.
If the final decision of the National Pensions Office is based on an incorrect or incomplete statement or appears to be contrary to the law, the Board of Appeal of the Social Security Board may, at the request of the interested party or the People's Pensions Office, remove And shall refer the matter to the Court again. The Social Security Review Board shall provide the parties with the opportunity to be heard before a decision is taken. The decision of the Board of Appeal shall not be appealed against. (17/06/2015)
Where the final decision of the Appeals Board of Social Security or the Law of Insurance is based on an incorrect or incomplete statement or appears to be contrary to the law, the right of the right to insurance may be requested by the party or the People's Pensions Office Withdraw the decision and refer the matter to the Court again. The right of insurance shall provide the parties with the opportunity to be heard before a decision is taken.
If the Social Insurance Institution makes a decision to remove the decision, it may, until the matter has been resolved, provisionally apply the social security legislation in accordance with its proposal.
The removal of the decision shall be submitted within five years from the date on which the decision was taken. For particularly weighty reasons, the decision may be deleted from the application made after the deadline.
If there is a new report on the subject of the application or the date of application of the social security legislation, the Social Insurance Institution shall review the case. The Social Insurance Institution may, without prejudice to an earlier decision, apply social security legislation to the person for his benefit. Similarly, the Appeals Board for Social Security and the right of insurance may proceed accordingly when dealing with the appeal. The decision shall be subject to appeal as provided for in Article 13.
The consultation referred to in paragraphs 1 and 2 shall be forwarded for information to the administrative law (2003) Article 59 provides. (17/06/2015)
Where the decision of the People's Pensions Office is based on a manifest error or lack of clarity or a procedural defect in the application of a manifest error of law or a decision, the Social Insurance Institution may withdraw its incorrect decision and Resolve the case.
This decision may be rectified to the benefit or the detriment of the person concerned The correction of the decision to the detriment of the interested party requires the party concerned to agree to the decision.
Without prejudice to the provisions of confidentiality and other information on access to information, the National Pensions Office and the Appeals Body in accordance with this Act shall have the right to obtain, on request, free of charge, free of charge, or otherwise in accordance with Information necessary for the implementation of an individual task:
(1) from the State and the municipality and from any other body governed by public law;
2) the pension security centre, the pension and insurance institution and the employer.
In addition to the provisions of Article 29 (3) of the Law on the Activities of the Authorities, the National Pensions Office is entitled, under the conditions laid down in that paragraph, to obtain, under the conditions laid down in that paragraph, a secret To be kept.
The technical service opened on the basis of this section shall also be used to retrieve confidential data without the consent of which the obligation of professional secrecy has been laid down. Before opening a technical service, the requesting information shall provide a statement that the data protection is adequately protected.
The National Pensions Office shall provide the applicant with information in advance, in the most appropriate manner, on where the information may be acquired and where it can be lawfully disclosed.
More detailed provisions on the implementation of this law shall be adopted, where appropriate, by a regulation.
This Act shall enter into force on 1 January 1994.
Pending the entry into force of this Act, the necessary measures may be taken to implement it.
When determining whether a person is resident in Finland, it may also be taken into account immediately before the entry into force of this law.
At the time of entry into force of this Act, according to the law cited in Article 1 of the Act, a person resident in Finland who, when the law enters into force, resides abroad, shall be deemed to have left the country for the purposes of this law upon entry into force of this law.
At the time of entry into force of this Act, a person residing abroad, to whom a national pension fund is governed by a decision referred to in Article 1 (b) of the National Pensions Act before the entry into force of this Act, shall be deemed to apply for the purposes of this law, without An application for a different application in Finland mentioned in the decision.
Where this law refers to EU Regulation 883/2004, the reference shall also be understood as referring to the reference to the application of social security schemes to employed persons, to self-employed persons and to employed persons moving within the Community. To the Council Regulation (EEC) No 1408/71.
THEY 287/93 , StVM 57/93This Act shall enter into force on 1 January 1997.
THEY 189/1996 , StVM 29/1996, EV 174/1996
This Act shall enter into force on 1 May 1997.
The provisions of this Act concerning appeals shall apply to a decision which shall be adopted after the entry into force of this Act. However, the provisions of this Act concerning an additional appeal shall be subject to the additional appeal proceedings brought before the entry into force of this Act.
THEY 7/1997 , StVM 5/1997, EV 24/1997
This Act shall enter into force on 1 March 1999.
This law shall also take into account the time before the entry into force of this Act.
A person who, at the time of entry into force of this law, temporarily stays abroad under Article 4 in force at the time of entry into force of the law, shall apply social security legislation for one year from the date on which he went abroad.
Article 5 shall apply for a period of one year after the date of entry into force of this Act, the person to whom Article 5 (2) (1) applies at the date of entry into force of this Act.
Without prejudice to this law, a decision on the application of social security legislation in force by virtue of Article 7 of the Act in force at the time of entry into force of the Law of the People's Pension Fund applies for the period laid down in the Decision.
The Social Insurance Institution shall decide on the application whether the social security legislation applies to the person referred to in Article 7 (1) and to the members of his family referred to in Article 8, who were not subject to social security legislation before the entry into force of the law. The application shall be made within one year of the entry into force of this Act. Social security legislation will then apply from 1 January 1999.
Upon the entry into force of this Act, the person referred to in Article 7 (1) (5) residing abroad shall be deemed to have moved abroad under Article 7 (3) at the time of entry into force of this Act.
Article 13, which entered into force on the date of entry into force of this Act, shall apply to matters in which the Social Insurance Institution has issued a decision before the entry into force of this Act.
THEY 255/1998 , StVM 29/1998, EV 212/1998
This Act shall enter into force on 1 October 2002.
THEY 9/2002 , StVM 16/2002, EV 96/2002
This Act shall enter into force on 1 January 2005, subject to the entry into force on 1 August 2004 of Article 2a (1) to (3) and Article 3b of the Act.
Before the law enters into force, measures may be taken to implement the law.
This law shall also take into account the time before the entry into force of this Act. However, when this Act enters into force, the person referred to in Article 7 or 8 of this Act, residing abroad, shall be deemed to have moved abroad for the purposes of Article 12 (3) upon entry into force of this Act.
Without prejudice to this law, the decision taken by the Act on the application of social security legislation in force on the date of entry into force of the Law of the People's Pension Fund shall be valid for a specified period of time.
The Social Insurance Institution shall decide on the application whether the social security legislation applies to the person referred to in Articles 7 and 8 of this Act, which is not subject to social security legislation at the time of entry into force of this Act. The application shall be made within six months of the entry into force of this Act. Social security legislation shall apply from the date of application.
Article 13 of the Law on the application of social security legislation, which comes into force upon entry into force of this Act, applies to matters in which the Social Insurance Institution has issued a decision before the entry into force of this Act.
THEY 76/2004 , StVM 17/2004, EV 115/2004
This Act shall enter into force on 1 January 2007.
THEY 197/2006 , StVM 38/2006, EV 176/2006
This Act shall enter into force on 1 January 2007.
THEY 167/2006 , StVM 34/2006, EV 168/2006
This Act shall enter into force on 1 January 2008.
Before the entry into force of this Act, measures may be taken to implement the law.
THEY 90/2006 , StVM 56/2006, EV 283/2006
This Act shall enter into force on 1 April 2009.
Before the entry into force of this Act, measures may be taken to implement the law.
THEY 49/2008 , StVM 10/2008, EV 69/2008
This Act shall enter into force on 1 January 2009.
THEY 92/2008 , StVM 22/2008, EV 132/2008
This Act shall enter into force on 1 June 2009.
THEY 166/2007 , HaVM 26/2008, EV 4/2009
This Act shall enter into force on 19 May 2010.
Before the entry into force of this Act, measures may be taken to implement the law.
THEY 34/2010 , StVM 8/2010, EV 68/2010
This Act shall enter into force on 1 March 2011.
THEY 50/2010 , StVM 10/2010, EV 86/2010
This Act shall enter into force on 1 July 2011.
Upon the entry into force of this Act, the provisions in force at the time of entry into force of this Act shall apply to matters relating to the removal of a legal decision pending before the Court of Appeal.
THEY 274/2010 , StVM 51/2010, EV 300/2010
This Act shall enter into force on 1 August 2011.
THEY 174/2010 TyVM 15/2010, EV 303/2010
This Act shall enter into force on 1 January 2012.
THEY 37/2011 , HaVM 5/2011, EV 67/2011 Council Directive 2009 /50/EC (OJ C 155, 18.6.2009, p. (17)
This Act shall enter into force on 1 January 2014.
THEY 198/2013 , StVM 26/2013, EV 184/2013
