Key Benefits:
See the copyright notice Conditions of use .
In accordance with the decision of the Parliament:
The purpose of this Act is to guarantee the farmer the right to keep his annual leave and to receive assistance for the period during which he or she is in need of assistance as provided for in Article 5. In addition, the purpose of the law is to promote the possibility for a farmer to use the payment of a paid holiday. (30.11.2001/1135)
For the purpose of implementing the purpose of the law, the agricultural undertaking shall be provided with holiday services:
(1) by providing him with agricultural leave as laid down in Chapter 4; or
(2) by replacing him with the costs incurred by him himself, as provided for in Chapter 5.
The agricultural undertaking shall have the right to choose whether or not to exercise his or her rights in accordance with Article 2 (1) or (2) of this Act.
For the purposes of this law:
(1) Agriculture Income tax law of the farm economy (543/1967) The pursuit of taxable domestic production and crop production;
(2) Livestock production The taxes on livestock to be taxed according to the farm income tax law, excluding reindeer husbane or fisheries; and
(3) Agricultural undertaking An agricultural activity carried out as an independent economic entity.
For the purposes of this law, a farmer who himself is engaged in agriculture and:
1), which has been obliged to take the farmer's pension law (1280/2006) in Article 10 And which has a valid insurance or pending application to obtain it;
(2) has been granted rehabilitation aid based on the insurance referred to in paragraph 1; or
(3) is a person aged between 15 and 18 years of age as the person referred to in Article 3 (1) of the Pensions Act and otherwise meets the conditions for obtaining the insurance referred to in paragraph 1 of this Article.
The annual leave is justified by a farmer whose livestock production involves at least four livestock units at the time of the annual leave. The livestock unit is determined by the number of animals per species on the basis of the workload. The decree of the Council of State lays down more precise provisions on the determination of the livestock unit.
An additional condition for the benefit of the annual leave is that the farmer is active in the production of livestock. The main office shall be the home animal producer whose work at the time of the holiday and the six months preceding it has been subject to agricultural activity at least to the same extent as that carried out outside the agricultural holding Work. However, the livestock producer is not considered to be the main activity if he is paid at the time of leave in the unemployment insurance law (1290/2002) , or if no benefit is paid to him because of an unremunerated time limit within the meaning of Section 5 of Chapter 1 of the unemployment insurance law. Definition of the main office is laid down in more detail by a Council regulation.
Notwithstanding the provisions of paragraphs 1 and 2, the farmer does not have the right to annual leave:
1) during the calendar year during which his obligation to take out the insurance referred to in Article 3 begins, with the exception of the right of annual leave which the farmers in the same agricultural undertaking have not used during the calendar year in question; And
2) during the period in which he receives a full disability pension, a full disability pension, rehabilitation allowance or unemployment pension.
The aid shall be granted by a farmer who, at the start of the need for surrogal assistance, has made a significant contribution and has been responsible for the management of the agricultural undertaking on a regular basis and which does not have the temporary status referred to in Articles 7 or 7a to 7f The reason why it is not possible to carry out the necessary tasks for the management of an agricultural undertaking without support. When assessing the need for support, the circumstances of the agricultural undertaking as a whole will be taken into account, as well as the possibility of carrying out the above tasks within the company's internal organisation.
Notwithstanding the provisions of paragraph 1, the farmer does not have the right to provide assistance during the period in which he receives a full disability pension or an unemployment pension. (4 JUNE 2004/458)
The agricultural undertaking referred to in Article 4 shall have the right, on application, to receive holiday services during a calendar year for a period of 26 days for annual leave.
An agricultural holding entitled to foster care shall be entitled to surrogate assistance on the basis of incapacity for work caused by illness or accident:
1) without a medical certificate for a maximum of seven days; and
2) on the basis of a medical certificate for a period not exceeding the duration of the certificate of incapacity for work.
The farmer shall, on the basis of a continuous period of continuous or minor interruption of his medical certificate, have the right to receive assistance for a maximum period of 300 days, unless he or she has, within a period of An application for a disability pension or, if it is clear, that the need for assistance ends before the assistance has continued for 365 days.
The farmer's entitlement to a replacement shall be terminated when he is informed of the decision of the pension institution to grant him an invalidity pension for the time being.
Where the invalidity pension is granted in the form of rehabilitation aid, the farmer shall be entitled to a replacement if it is likely that he will be able to continue his work as an agricultural undertaking for the purposes for which the assistance was last given. The pension institution shall issue an opinion to the local unit for the adoption of the decision on the provision of assistance as to whether it is likely that the farmers will be able to continue their work in the manner referred to above. The opinion shall be binding on the local unit when deciding on the farmer's right to provide assistance. In the case referred to in this paragraph, the farmer's right to a replacement shall not exceed the period until the rehabilitation allowance is paid.
A farmer whose application for a disability pension has been refused is entitled to receive assistance in return for payment provided for in Article 28 (2) until his entitlement to an invalidity pension has been settled by a final judgment.
The pension institution of the agricultural undertakings may submit to the local unit referred to in Article 10 for information on the invalidity pension where it appears in the course of the examination of the application for a pension that the farmer is unfit for work. In the form of foster care.
The farmer who is entitled to the support shall be entitled to the assistance of:
(1) for the purposes of rehabilitation, for a period not exceeding the duration of the rehabilitation of the doctor or of the law, subject to Article 7 (4); and
(2) in order to contribute to the work of the occupational health service to be able to work on the ability to maintain work, for a period not exceeding the duration of the action planned.
The farmer who is entitled to the support shall be entitled to the assistance of:
1) for a maximum of seven days following the illness of a child under the age of 10; and
(2) for the treatment or rehabilitation of a sick or disabled child for a period not exceeding the period for which he/she is paid in sickness insurance law; (1224/2004) Of a special treatment allowance.
The farmer who is entitled to the support shall be entitled to the assistance of:
(1) for pregnancy, childbirth and the care of the child for a period not exceeding the period of maternity, paternity or parental benefit for the sickness insurance institution; and
2) for the treatment of ottolapse, for a period not exceeding the duration of the parental or paternity allowance for the foster parent.
An agricultural undertaking authorised for annual leave shall be entitled to foster care for the treatment of children under three years of age at the end of the period of parental benefit under the Health Insurance Act for a maximum period of 100 days a year, and both Towards their parents. The maximum amount of surrogar assistance provided for in this Article may be shared between the parents as they wish.
In order to develop or maintain a professional competence for the purpose of developing or maintaining his/her professional competence, the agricultural undertaking authorised to provide support may receive assistance for participation in adult education for a maximum period of 15 days. Calendar year. (30.11.2012/710)
In addition to the provisions of paragraph 1, the farmer shall have the right to receive assistance for a maximum period of time when he is involved in such training as he is granted:
(1) the Law on National Aid for Agricultural and Horticulture (1559/2001) For the purposes of national aid; or
(2) Law on adult education support for adult education (1276/2000) Based on.
(17.12.2010/1161)The farmer who is entitled to the support shall be entitled to the assistance of:
(1) for the provision of military service or a civil service, in the form of a compulsory military service; (1438/2007) Or civil service law (1446/2007) For the period specified; (28.12.2007)
(2) for the provision of refresher exercises or replacement services for a duration not exceeding the duration of service;
(3) the death of his immediate family and the funeral of his immediate family for one day;
(4) for participation in a meeting of a producer organisation in a meeting of a national, national or international confidence body, for the duration of a meeting and for the trips thereto; and (30.11.2007/1100)
(5) for a temporary reason comparable to the reasons referred to in this Chapter, for a period not exceeding the period reliably demonstrated by the need for replacement assistance.
Notwithstanding the provisions of this Act, a farmer who has retired to a retirement pension shall be entitled to a replacement if the need for assistance has started before retirement.
In the case referred to in paragraph 1, surrogal assistance shall be provided during the six months following the transition to retirement for a maximum period of 60 days.
Notwithstanding the rest of this law, surrogal assistance shall be provided for the arrangements required for the continuation or abandonment of an undertaking where an invalidity pension has been granted for an indefinite period of time. Or where the need for assistance is caused by the death of a farmer entitled to a replacement.
In the cases referred to in paragraph 1, the assistance shall be granted for a period of six months following the date of the decision on the invalidity pension or the day of death for a period not exceeding 60 days.
The duration of the holiday period is defined as holiday hours in such a way as to correspond, on average, to the farmer's contribution to the total working time to be used for the management of the agricultural undertaking. The number of hours of holidays shall be assessed on the basis of the number and quality of domestic livestock production, the production methods and conditions of the holding and the date of the holiday. When assessing the number of hours of leave, account shall also be taken of the skills and ability of a person who is a holiday person to perform the tasks assigned to it.
The definition of the duration of the holidays is laid down in more detail by a decree of the Government.
For the purpose of carrying out the payment services of a farmer entitled to leave for a year, the local unit shall, in cooperation with the farmer, draw up a service plan for the agricultural undertaking. The service plan may also be drawn up in order to carry out holiday services other than that of a farmer who is entitled to a non-annual leave. In the case of the use of holiday services provided by the local unit, the service plan shall be drawn up in the course of a single farm visit by the local unit.
The service plan shall include at least:
(1) a description of agriculture in the agricultural undertaking;
(2) the number and nature of domestic livestock production and the working methods used to treat them;
(3) the day-to-day management of domestic animals of the livestock sector and the management of the agricultural undertaking shall include other essential tasks and an estimate of the total daily working time required;
(4) persons permanently working in the agricultural undertaking;
(5) the role of farmers in the necessary tasks for the management of agricultural holdings; and
(6) an estimate of the duration of the holiday of the farmers.
In addition to the service plan provided by the local unit, the service plan shall include at least the information:
(1) the execution of the order and the persons who took part in the holding;
(2) the date of the next scheduled visit;
(3) the level of competence required for the holding of the holding;
(4) the agricultural policy orientation of the holidaters;
(5) on the single farm service provision;
(6) the spatial development needs of the tourist accommodation services; and
(7) the essential health and safety aspects of the on-site visits and the relevant operational requirements presented by the local unit.
The service plan shall be reviewed at the initiative of an agricultural undertaking or a local unit if there are changes in need or in circumstances. However, when the services are provided by a local unit, the service plan shall be reviewed at least every three years at the time of the on-site visit.
The general management, control and control of the Lomitation activities shall be vested in the relevant ministry.
The execution of the holiday activity is carried out by the pension institution of the agricultural undertakings, as referred to in the Pensions Act. (22/02/1289)
The pension institution is responsible for the organisation of the local administration of holiday services. Local government shall be organised in such a way as to enable the services provided by this law to be carried out in the most appropriate way possible in all the municipalities where the need for services is present.
The local unit responsible for local administration and the organisation of holiday services is either the municipality or the local unit of the pension institution, as provided for in Articles 12 and 13.
The local unit shall be the responsible person designated for administrative tasks under this law and the number of other staff required for the management and office functions.
Paragraph 4 has been repealed by L 4.6.2004/458 . (4.6.2004)
The local unit decides on the provision of holiday services, the compensation paid for the service itself, the amount to be recovered from the recipient of the service, the obligation of the recipient of the service to reimburse the amount of the compensation granted in the event of an unjustifiably Costs and the recovery of unduly paid compensation. The decision shall be notified to the party concerned (434/2003) In the manner prescribed.
Local government may be organised in such a way that the municipality is (365/95) (2) of the Treaty ( The contract of execution), By which it undertakes to carry out, under this law, the administrative tasks and organisation of the local unit within its territory or in the territory of one or more other municipalities. The municipality which has concluded the contract shall have the right to receive from the pension institution the compensation provided for in Article 33 for the costs of the administrative tasks under this Act and the costs incurred in the organisation of the relief services provided for in Article 35 Compensation.
The contract order referred to in paragraph 1 shall agree at least on the following:
(1) the territory of the local unit;
(2) location of the location of the local unit;
(3) the duration of the contract; and
4) the grounds for denunciating the contract, the period of notice and the procedure.
The pension institution may, with the agreement of the relevant Ministry, commit to the municipality to compensate for the costs of the administrative tasks entrusted to it under this Act in excess of what the municipality is entitled to in accordance with Article 33. Additional compensation may be paid only if the circumstances affecting the proper management of the administrative tasks in the local unit of the municipality are apparently and significantly different from those of other local units, The cost of the administrative tasks is higher than normal. An additional condition is that the higher compensation provided for in Article 33 is considered necessary in order to ensure that the rights of the agricultural undertaking under this law are fulfilled. (4 JUNE 2004/458)
In the municipalities in which the organisation of local government within the meaning of Article 12 is not possible, or in the light of the provision of Article 10 (1), the pension institution shall organise the local administration in accordance with With help. The territory of the local unit of the pension institution may comprise one or more municipalities.
The local unit shall provide the relief services referred to in Article 1 (2) (1) for agricultural undertakings engaged in agricultural activity mainly within its territory.
If, at the same time, the agricultural undertakings operating in the agricultural undertaking are on the annual leave, or where there is only one farmer in the undertaking, which is on the annual leave, the local unit will be responsible for the treatment of domestic animals of the company. In order to ensure that, in addition to the normal leave, surveillance visits are also required. (17.12.2010/1161)
In accordance with Article 23, although the farmer has stated that he/she has provided his own contribution, the local unit may, at the request of the farmer, provide him with the payment services referred to in paragraphs 1 and 2, unless it impinges on the To farmers to whom the local unit is obliged to provide holiday services pursuant to paragraph 1.
The local unit shall organise the holiday services referred to in this Chapter flexibly and economically.
The local unit may organise holiday services:
(1) by using the agricultural furriers in its service; or
2) by purchasing services from a public or private service provider.
If, for a specific reason, the farmer is unable to use the agricultural layman referred to in paragraph 2, the local unit may also accept the person proposed by the entrepreneur. The claimant approved on a proposal from the entrepreneur is in a contract relationship with the local unit.
The agricultural producer shall carry out the functions of farm animal production and other agricultural undertakings as part of the management of the agricultural undertaking, in so far as they fall within the scope of the agricultural holding or of the agricultural undertaking receiving the To the mission portion.
The local unit shall, in cooperation with the agricultural undertaking, ensure that agricultural workers assigned to the agricultural holding receive an agricultural policy orientation on the holding for the purposes of the holidays referred to in Article 16.
The local unit may arrange for the payment of a paid holiday to a legitimate agricultural undertaking for a fee provided for in Article 28 (1) for a maximum of 120 hours per calendar year. The condition is that the service does not jeopardise the organisation of annual leave and surrogate assistance, and that its implementation is used only for the work of a person who is employed by a local unit and who is permanently engaged in, or referred to as: Article 15 (2). 2. (30.11.2012/710)
The local unit may, in addition, arrange for a fee to be paid to a person other than a farmer in return for payment provided for in Article 28 (2), provided that the service does not jeopardise the annual leave, the replacement or the aid referred to in paragraph 1. Organisation.
A farmer's annual leave shall not include a maximum of three Sundays, or a holiday period during which a holiday allowance is paid to the individual in accordance with a general public service contract and collective agreement, or equivalent compensation.
Farmers working in the same agricultural undertaking shall keep at least 20 days of their annual leave at the same time if, taking into account the circumstances of the undertaking, business continuity can be secured by a single-sized agricultural holiday At work. Business continuity shall be deemed to be secured in the manner described above, if:
(1) the agricultural undertaking does not exceed 20 livestock units; or
(2) In accordance with Article 8, a maximum of nine hours has been estimated, in accordance with Article 8, for making the necessary tasks for the management of the undertaking.
Paragraph 1 shall not apply where the particular circumstances of the agricultural undertaking are due to the fact that the farmers in the undertaking cannot keep their annual leave at the same time.
In so far as the agricultural undertakings working in the agricultural undertaking keep their annual leave, the non-holiday entrepreneur must perform his/her role by working on the holding itself or by carrying out his/her role in the acquisition. The replacement.
The application for annual leave and assistance shall be submitted to the local unit. The annual leave shall be applied in writing by farmers during the search period prescribed by the local unit. The application shall, for each agricultural undertaking, indicate the dates of the annual leave. A farmer shall have the right to supplement or amend his application after the expiry of the time limit. The local unit may also examine an application made after the expiry of that period.
If the periods laid down in the application form are different from those laid down in Article 17, or where the local unit is unable to designate a farmer for the period referred to in the application, an opportunity shall be reserved for the applicant to: Amendment. If the applicant refuses to keep his annual leave in accordance with the restrictions provided for in Article 17, or during the period in which he could be assigned a holiday, he shall lose his right to the holiday service he has applied for.
If, in the event of sickness or other legitimate cause, the farmer cannot keep his annual leave during the period for which he has been booked, the annual leave may be transferred wholly or partially at a later date. In so far as the transferred annual leave has not been held by the end of April of the following year, the entitlement to it has been lost.
If the farmer does not have a valid reason for refusing to take up the agricultural leave indicated by the local unit, he has lost his entitlement to the annual leave or replacement.
If during the annual leave during the annual leave, the person working in the same agricultural undertaking shall, by means of a holiday, detach from his/her own contribution, as a result of which the agricultural An increase in the number of tasks, which is deemed to have been attributed to a person who has been kept in his annual leave for such a number of days. In accordance with Article 29 (1), if it is not possible to look at the dates of the term of office, he shall, in accordance with Article 29 (1), reimburse the cost of the leave which may be attributed to his/her duties. Of treatment.
The surrogate relief may be interrupted if the suspension does not jeopardise the continuity of the agricultural undertaking, provided that the person working in the same undertaking, other than those in the same undertaking, takes off from his own contribution Or, where the recipient of the assistance, shows that he is not in need of assistance within the meaning of Article 5.
If the replacement assistance cannot be interrupted without jeopardising the operation of the agricultural undertaking, the number of days allowed by the person referred to in paragraph 1 shall be deemed to have been completed by the person referred to in paragraph 1. In accordance with Article 29 (1), if it is not possible to refer to the days referred to in paragraph 1, it shall, in accordance with Article 29 (1), reimburse the cost of the holidays which corresponds to the days of the suspension.
A farmer who himself organises his holidays must submit a prior notification to the local unit in whose territory he is principally engaged in agriculture. The advance notification shall also be made when the agricultural undertaking wishes to return to the holiday services provided by the local unit. The prior notification shall be further specified by the Regulation.
A farmer who, in accordance with Article 23, has declared his own personal leave, shall, during the period covered by the notification, arrange for his annual leave and replacement assistance. However, if necessary, the local unit shall assist him in the organisation of the surrogation, unless it can designate a farmer as a farmer as provided for in Article 14 (3).
The agricultural undertaking referred to in paragraph 1 may also provide itself with a charge of payment equivalent to the service referred to in Article 16b (1). (17.12.2010/1161)
A self-employed person or self-employed person or self-employed person in the Community may act as a self-employed person. In the case of annual leave and surrogation, the farmer may also take a job contract relationship, but not the person who is entitled to work with him on the same farm.
The farmer shall be entitled, upon application, to receive compensation for the costs incurred by himself on his own contribution, provided that he has been disconnected from his/her duties as referred to in Article 8 for the duration of the holiday. The amount of compensation per leave period referred to in Article 8 corresponds to:
(1) the minimum basic salary per hour in accordance with the general public service and collective agreement of the farmer, multiplied by 2.4 if the claimant is employed or self-employed by a company or entity producing holiday services; As a practitioner; and
(2) the minimum basic salary laid down in the general public service and collective agreement agreement of the agricultural holiday (s), plus 20 % if the claimant is a person other than the person referred to in paragraph 1.
(27.6.2003/629)The replacement shall be carried out by the local unit as specified by the Regulation.
Such assistance shall be subject to an hourly fee for the beneficiary of the service, which shall not exceed the cost of the provision of the service. The hourly fee shall be EUR 3 per holiday period plus the amount obtained by dividing the amount of employment in EUR 6 000 in accordance with Article 14 of the Pensions Act of the AIFM, unless otherwise provided for in this Act. The payment shall be made according to the income of the surrogate who was in force on the first day of the start of the surrogation. In the absence of such income, the fee shall be determined on the basis of an increase in the income of the last beneficiary of the surrogate. If the beneficiary of the aid has not been insured under Article 10 of the Pensions Act, the basis for the payment shall be based on the criteria laid down by that law, where applicable, on the basis of the estimated annual work of the entrepreneur.
The fee shall be paid by 50 % in accordance with Article 27:
(1) where the recipient of the aid is entitled to receive benefits under the employment or post-employment relationship, or when he/she is in force in the entrepreneur's pension law. (1272/2006) For insurance purposes; and (22/02/1289)
(2) where the assistance is provided under Article 7d or Article 7e (2).
Under Article 28 (1), the payment of an hourly fee shall be charged to the amount of the surrogance paid on the basis of the incapacity for work of more than 90 days, and the recipient of the surrogate is not entitled to the daily allowance for sickness insurance in the same period. Or treated as a priority or rehabilitation allowance.
Subsidies shall be subject to an hourly fee determined under Article 28 (1), even if the aid is granted pursuant to Article 7f (4) or Article 7h.
Subsidies are subject to an hourly fee pursuant to Article 28 (2) when the aid is granted on the basis of Article 7 (5). In the event of an invalidity pension or rehabilitation allowance granted to the recipient of the aid in response to the decision referred to in that provision, the charge referred to in this paragraph shall be reduced in accordance with Article 27, at the request of the recipient.
If the understudy is based on pregnancy and childbirth, during the period of the maternity period referred to in this Act, the charge referred to in this Act shall be paid at a reduced rate of 50 %.
The fee for the provision of support may be reduced if, taking into account the means of subsistence of the recipient and his family, there is a reason for it.
For the purposes of Article 16b (1), a farmer shall be charged an hourly fee per hour, corresponding to the minimum basic salary per hour in accordance with the general public service and collective agreement of the agricultural tourist, plus 5 %.
The allowance referred to in Article 16 (b) (2) shall be charged to the user in charge of a fee corresponding to the minimum basic salary per hour of the general public service and collective agreement of the agricultural allowance, multiplied by 2.4.
Where payment services have been wrongly issued, the recipient of the service shall be obliged to reimburse the costs incurred by the local unit.
In the event of an unjustified payment of compensation, the recipient shall be obliged to reimburse too much the compensation received to the local unit.
Requiring recovery may be partially or totally waived if it is deemed to be reasonable and the unfair advantage has not been caused by the fraudulent conduct of the service or the beneficiary or his representative. Recovery may also be waived when the amount to be recovered is limited. A decision on recovery shall be made within five years of the granting of an unjustified leave service or the payment of unjustified compensation.
In the event of payment of a payment or compensation provided for in Article 29, the payment of a payment or compensation provided for in Article 29 shall not be paid at the latest on the date of the payment of the interest. (633/1982) On the basis of the criteria laid down in paragraph 1. The maturity date underlying the delay may not be earlier than two weeks after the date of issue of the payment or recovery decision.
The fee or compensation referred to in paragraph 1, together with interest on late payments, may be recovered without a judgment or a decision of the administrative court, in accordance with the law on the enforcement of taxes and charges. (20/2007) Provides.
The farmer is responsible for the fees and allowances under this law of his/her spouse and family member who are employed in the same undertaking, as well as in the case of marriage. However, the responsibility for this purpose is not borne by an agricultural undertaking which does not carry out an agricultural holding in a company under the right of ownership or lease. If agriculture in accordance with this law is carried out as a group or as a community, it shall also be responsible for the payment and compensation of its shareholders, on the basis of this activity, as in its own debt.
The State resources shall be made available on an annual basis to a reasonable remuneration for the pension institution:
(1) the administrative costs incurred by the institution for carrying out the tasks under this law;
(2) the additional costs incurred by the pension institution under Article 12 (3) of the TWC in so far as the remuneration payable to the municipality pursuant to Article 33 is insufficient; and
(3) the additional costs incurred by the pension institution resulting from the organisation of local government by means of its own local unit, in so far as the compensation payable to the pension institution under Article 33 is insufficient; May be paid only if the circumstances affecting the proper management of the administrative tasks in the territory of the local unit maintained by the pension institution are apparently and significantly different from that of other local units, which is why The costs of administrative tasks are normal Higher; the additional condition is that the higher compensation provided for in Article 33 is considered necessary in order to ensure that the rights of a farmer in accordance with this law are fulfilled.
Each year the Ministry shall decide on the amount of the compensation referred to in paragraph 1 and the allocation of the compensation referred to in paragraph 1, paragraphs 2 and 3.
State resources shall be paid annually for a reasonable fee for the costs incurred by the municipalities and the pension institution for the management of their local administrative tasks under this Act. By the end of September, the Government of the Republic of Finland shall establish, by the end of September, the total amount of compensation for the following calendar year.
The payment of compensation, periodicity and time of payment are laid down by a decree of the Council of Ministers.
The amount of compensation for local administrative costs per local unit shall be determined on the basis of the number of days preceding the previous financial year in the municipalities located within the local unit of the local unit.
The pension institution shall, on a monthly basis, at the latest on 11 days of each month, pay the contract to the municipality which has signed the contract, the 12th part of the compensation to which the municipality is entitled on the basis of Article 33 and the contract of orders.
The State resources shall be made available to the pension institution for the purposes of the proper management of the operations under this Act, which are deemed necessary for the proper management of the activity, minus the items mentioned in Article 36.
The costs referred to in paragraph 1 shall be replaced by:
(1) the costs of the remuneration and other benefits of agricultural interlocutors referred to in Article 15 (2) (1) and (3), not exceeding the amount to be considered appropriate for the purpose and financial management of the activities; Necessary, and subject to the conditions of collective agreement and other contractual agreements which are binding on the employer; (30.11.2012/710)
(2) the costs of continuing vocational training for agricultural workers referred to in paragraph 1 by the pension institution;
(2a) the net costs incurred by the local unit for the implementation of apprenticeship training, approved by the pension institution, in the State budget, within the limits of the amount allocated to that purpose; (22.12.2009)
(2b) travel costs incurred as a result of the preparation and revision of the service plans, in so far as they were incurred as a result of the function of the pension institution; (17.12.2010/1161)
(2c) the costs incurred as a result of the agricultural conversion of agricultural furters, in so far as they were incurred in the course of familiarisation carried out in accordance with the instructions of the pension institution; (17.12.2010/1161)
(3) The cost of purchasing the services referred to in Article 15 (2) (2) shall not exceed the amount of the costs incurred by the local unit in relation to the remuneration and other benefits of the service contract. In accordance with paragraph 1 of this paragraph; (30.11.2012/710)
(4) the compensation referred to in Article 26;
(5) damages relating to the performance of tasks under this law, which have been condemned by a court order for the purpose of carrying out a local unit or, if the local unit's liability is manifest, whether or not voluntarily committed by the local unit; Damages; and
(6) other necessary costs for the provision of services under this law.
The cost of providing compensation for the State compensation shall be reduced by:
(1) payments received from replacement and paid leave;
(2) compensation received pursuant to Article 29;
(3) sickness benefit for agricultural workers employed by the local unit and other similar benefits in so far as they are paid to the employer;
(4) any other revenue related to the tasks under this Act.
However, the compensation referred to in paragraph 1 (2) shall not be deducted from the cost of leave if the corresponding amount has been returned to the State pursuant to Article 40a (1) (2).
The pension institution shall provide for reimbursement of the costs of Article 35 to the Municipality which has concluded the contract.
The pension institution shall, at the request of the municipality, decide in advance whether the costs are deemed necessary and shall therefore be paid by the State. The decision shall be binding on the Pensions Office in the course of its handling of the State compensation issue.
The pension institution shall pay the municipality of the contract of the contract to the costs under Article 35. The amount of the advance shall be assessed by the pension institution, taking into account the number and average cost of the days preceding the preceding financial year in the territory of the local unit concerned, as well as the estimate of the average cost of the number of days preceding the preceding financial year. Of the amendment. The advance shall be equal to each month from the beginning of the financial year at the same level in each month, not later than 11 days.
The advances shall be reviewed annually from 1 July. For the purposes of the review, the municipality shall, by 15 June at the latest, provide the Pensions Office with the information on the costs incurred in respect of which the accounts have been incurred by the end of April On holiday services. At the same time, the municipality shall provide its assessment of the amount of the cost of holiday services during the financial year.
If the amount of advances paid to the municipality by the end of April is not substantially different from the amount of the accounting costs referred to in paragraph 2, the advances shall be paid at the end of the financial year referred to in paragraph 1. Otherwise, the advances shall be adjusted so that their amount per month corresponds to the monthly amount of the accounting costs referred to in paragraph 2.
If it is obvious that the cost of the discharge services for the entire financial year is, for a particular reason, substantially higher or lower than the advance payment of the advance pursuant to paragraph 1 or the advance revised in accordance with paragraph 3, to the municipality The advance payment may be adjusted to reflect the actual costs incurred by the pension institution. Where appropriate, a separate pre-financing may also be paid to the municipality if the municipality demonstrates that it has made a significant cost of the individual holiday service and of the municipality in advance.
By the end of April of the year following the financial year following the financial year, the municipality shall provide the pension institution with a statement of the cost of arranging the payment of holiday services. The pension institution may, for a valid reason, grant the municipality more time to submit a statement. If no account is given during a period of time, the municipality shall lose its entitlement to the State compensation for the financial year concerned.
If the statement verified by the pension institution shows that the advances paid to the municipality for the financial year concerned are not sufficient to cover the costs of the accounting services, the pension institution shall pay the costs incurred The difference between the advance and the advance. The balance shall be paid by the end of the year in which the holding has reached the pension institution.
If the statement verified by the pension institution shows that the advances paid to the municipality for the financial year concerned exceed the amount of the costs incurred in the accounting records of the payment services, the municipality shall reimburse the amount received. To the pension institution. The amount to be paid shall be paid at the latest on the date indicated by the pension institution, which may not be less than one month after the date of dispatch.
The pension institution may use the amount surrendered in accordance with paragraph 2 to the payment of advances and final instalments during the year of receipt of the refund or the calendar year following it.
The municipality shall reimburse the State resources that it receives from State resources if:
(1) after a review of the accounts, it is clear that the accounts have included costs not included in the cost of leave or that the cost of the holidays has not been deducted from the income referred to in Article 36; or
(2) the local unit has provided holiday services or paid compensation for itself in contravention of the provisions.
However, the municipality is not obliged to reimburse the State in the case referred to in paragraph 1 (2), in so far as the recovery of the service or compensation has been waived in accordance with Article 29 (3) By decision of the local unit, approved by the pension institution, or by a decision of a pension institution or administrative court.
The amount to be paid shall be paid at the latest on the date indicated by the pension institution, which may not be less than one month after the date of dispatch. Of the amount to be recovered Article 3 of the Corinth Act The interest rate referred to in paragraph 2.
The State compensation which has been paid out may be waived in part or in full if the amount is insignificant or if recovery is to be regarded as disproportionate.
In the event of failure to comply with the existing provisions or provisions, or where there are any irregularities and no correction to be made as a result of negotiations between the municipality and the pension institution, the pension institution may pay the advances at reduced or Suspend the advance payment or refrain from carrying out the final balance.
L to 10/06/2015 The amended title enters into force on 1 January 2016. Previous wording: Corrigendum and appeal
§ 42 has been repealed by L 7.8.2015/1036 , which enters into force on 1 January 2016. The previous wording reads:
The decision of the local unit referred to in Article 11 shall not be subject to appeal. If the party is dissatisfied with the decision, he shall be entitled to require the pension institution to rectify the decision within 14 days after receipt of the decision. The adjustment requirement shall be made in writing and communicated to the local unit within that period.
The local unit shall rectify its decision if it accepts the objection in all respects. Otherwise, it shall submit an objection, its opinion and the relevant documents to the pension institution without delay.
The decision of the local unit shall require an adjustment of the pension institution as provided for in the Administrative Act.
The decision to amend the requirement of amendment may be appealed against by the administrative court, as in the case of administrative law (18/06/1996) Provides. The appeal shall, however, be lodged with the administrative court whose jurisdiction is located in the jurisdiction of the local unit concerned.
An appeal to the decision of the administrative court shall be lodged only if the Supreme Administrative Court grants an appeal.
L to 10/06/2015 Article 43 shall enter into force on 1 January 2016. The previous wording reads:
Pursuant to Article 42 of the Pension Fund, an appeal may be lodged by the administrative court. The appeal shall be addressed to the administrative court in whose jurisdiction the seat of the local unit concerned is situated.
The decision of administrative law referred to in paragraph 1 shall not be appealed against. However, the appellant receives a decision on the decision of the Administrative Court referred to in Article 29.
The appeal is otherwise in force, in the form of a law on administrative law (18/06/1996) Provides.
Disputes arising out of a contract award agreement and disagreements relating to the reimbursement of the costs referred to in Articles 33 and 35 and which cannot be agreed between the pension institution and the issuing body shall be settled The administrative court in the administrative court in whose jurisdiction the municipality concerned is located.
The agricultural undertaking shall inform the local unit of the information concerning itself and the agricultural holding which may affect the organisation of the provision of holiday services to him or to the remuneration of his/her own contribution, or Quantity.
The agricultural undertaking shall also inform the pension institution of the information referred to in paragraph 1, on the basis of the request for redress.
The Government Decree may provide more detailed provisions on the information to be provided on the basis of paragraph 1.
Without prejudice to the provisions on confidentiality and access to information, the local unit and the pension institution shall have the right to obtain, free of charge, the information necessary for the execution of their duties provided for in this Act and other authorities The Act on Public Publicity (621/1999); Public law ) By the authorities referred to in Article 4. The right of the local unit to obtain information from the pension institution is limited to the information relating to the application and validity of an insurance policy for the agricultural undertaking, as well as the pensions paid and the right to a pension.
The pension institution is entitled, in addition to what is provided for by Article 29 (3) of the Law on the provision of information, to open a technical service to the local unit with the information necessary for the implementation of this law.
The technical service opened on the basis of this section shall also be used to retrieve confidential information without the consent of which the obligation of professional secrecy has been laid down.
The pension institution shall do the Ministry of Social Affairs and Health:
(1) a monthly statement of the amount paid to the municipalities who concluded the contract, and in the cases referred to in Article 13, for the organisation of the holiday services themselves; and
(2) by the end of the year following the financial year, an overall statement of the cost of the holidays referred to in Article 35 and the use of the compensation of the State which has been paid for them.
If the pension institution has established without justification the State compensation provided for in this Act, the Ministry of Social Affairs and Health shall prescribe too much to be returned.
Of the amount to be recovered Article 3 of the Corinth Act (2) the interest rate at the beginning of the calendar year for which the State compensation has been paid out during the preceding year.
The amount to be repaid may be waived in part or in full if the amount is negligible or the recovery must be regarded as disproportionate.
The Ministry of Social Affairs and Health may also decide to reduce the amount to be reimbursed later in the context of the subsequent State compensation.
The obligation of the pension institution and of the Ministry of Social Affairs and Health to carry out the outstanding State compensation shall lapse five years after the end of the financial year in which the costs of the State compensation are incurred.
The obligation of the municipality and the pension institution to restore the State compensation obtained without justification shall expire five years after the end of the financial year during which the State compensation has been paid.
More detailed provisions on the implementation of this law shall be adopted by the Regulation.
This Act shall enter into force on 1 January 1997.
This law repeals the law of 4 January 1985 on the payment services of an agricultural undertaking (2) With its subsequent modifications.
The provisions of Article 7 (2) shall also apply to surrogates which began before the entry into force of this Act. If the period laid down in Article 7 (2) has been fully or substantially expired before the entry into force of this Act, the issue of surrogal assistance shall be terminated no later than 60 days after the date of entry into force of this Act, unless the farmer concerned: An application for an invalidity pension.
Notwithstanding the provisions of Article 9 (1), the general management, control and control of holiday activities shall be carried out by the Ministry of Pensions under the responsibility of the Ministry concerned until 31 December 1999.
Article 9 (2) and Article 10 (1) shall apply from 1 January 2000.
Notwithstanding the provisions of Article 10 (2), the municipality shall, until 31 December 1999, provide for the organisation of holiday activities for agricultural entrepreneurs whose activities are mainly carried out in the municipality. Before the expiry of that period, the municipality may, by agreement with the other Municipality, transfer its obligations to that organisation.
Paragraphs 12, 13 and 44 shall apply from 1 January 2000.
The provisions of Articles 32 and 34 and Chapter 8 of the Convention on the functioning of the contract shall apply until 31 December 1999 to a municipality which is obliged under paragraph 1 to arrange for the provision of holiday services.
The provisions of this Act concerning the local unit shall apply until 31 December 1999 to the municipality referred to in Article 3 (3).
The total amount of local administrative costs referred to in Article 32 (2) in 1997 amounts to dm 85 million.
The amount of the compensation provided for in Article 33 in 1997 amounts to 38 marks in the municipalities located within the local unit of the local unit during the year preceding the previous financial year.
Notwithstanding the provisions of this Act, the reimbursement of costs incurred in connection with holiday services prior to the entry into force of this Act shall be governed by the provisions in force at the time of entry into force of this Act.
Notwithstanding the provisions of this Act, the pension institution in respect of the financial years 1997, 1998 and 1999 shall:
(1) the amount of compensation referred to in Article 33 per local unit;
2) the payment and revision of the advances referred to in Article 38;
(3) the acceptance of the statement referred to in Article 39 and the payment of the final tranche referred to in Article 40 and the repayment of the advance payment too much;
4. On the payment of the advance payment referred to in Article 41, suspension of payment and suspension of payment of the advance and the payment of the final instalment; and
5. On the obligation for the municipality, as referred to in Article 47, to restore any undue advantage to the State.
If the municipality is dissatisfied with the decision taken pursuant to paragraph 2 (1) to (3) of the pension institution, it shall, within three months of the date of receipt of the decision, be entitled to make a written request for correction of the decision to the Pensions Office. The decision shall be accompanied by a statement of objections.
The decision to make a decision under Article 2 (4) and (5) of the Pension Fund may be appealed against by the Supreme Administrative Court, as provided for by the Administrative Law Act.
THEY 190/1996 , StVM 31/1996, EV 201/1996This Act shall enter into force on 1 December 1999.
30/1998 , Case 31/1998, EV 303/1998
This Act shall enter into force on 1 January 2000.
However, prior to the entry into force of this Act, the annual leave which has been acquired before the entry into force of this Act and which has been transferred after the entry into force of this Act shall, however, be subject to the provisions in force before the entry into force of this Act.
THEY 64/1999 , StVM 9/1999, EV 32/1999
This Act shall enter into force on 15 April 2001.
However, Article 6 shall apply from 1 January 2001 and Article 28 (1) as from 1 February 2001.
Before the entry into force of this Act, measures may be taken to implement it.
THEY 12/2001 , StVM 3/2001, EV 19/2001
This Act shall enter into force on 1 January 2002.
Before the entry into force of this Act, measures may be taken to implement the law.
Pending the entry into force of this Act, the provisions in force at the time of entry into force of this Act shall apply.
THEY 170/2001 StVM 28/2001, EV 133/2001
This Act shall enter into force on 1 January 2003.
THEY 259/2002 , StVM 40/2002, EV 212/2002
This Act shall enter into force on 1 August 2003.
However, the compensation criteria provided for in Article 26 of this Law shall apply retroactively from 1 March 2003. Compensation paid before the entry into force of this Act shall be paid within three months of the date of entry into force of this Act.
The compensation for a paid holiday allowance shall be levied in accordance with Article 28 of this Act, in so far as the aid has been granted after the entry into force of this law. The charge levied before the entry into force of this Act shall be determined on the basis of the payment criteria which had to be applied before 1 March 2003.
THEY 15/2003 , StVM 2/2003, EV 4/2003
This Act shall enter into force on 1 July 2004.
However, Article 12 (3) of this Law shall apply from 1 January 2004 and Article 3 (2), Article 4 (2) and Article 7g shall apply from 1 January 2005.
Before the law enters into force, measures may be taken to implement it.
THEY 41/2004 , StVM 6/2004, EV 44/2004
This Act shall enter into force on 1 January 2007.
THEY 196/2006 , StVM 42/2006, EV 201/2006
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 74/2007, StVM 5/2007, EV 33/2007
This Act shall enter into force on 1 January 2008.
THEY 140/2007 , TyVM 9/2007, EV 132/2007
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 January 2010.
Before the entry into force of this Act, measures may be taken to implement the law.
THEY 221/2009 , StVM 45/2009, EV 209/2009
This Act shall enter into force on 1 January 2011.
Local units shall ensure that service plans have been drawn up in accordance with this law by 31 December 2013.
In addition to the provisions of Article 35 (2) (2) (b) and (2) (c), reimbursement of the costs referred to in those provisions for the calendar years 2011 to 2013 requires that the costs are approved in advance by the pension institution According to local unit-specific plans.
Notwithstanding the provisions of Article 40 (2) and (3), the State compensation to be repaid on the basis of the 2010 accounts shall be subject to the provisions in force at the time of entry into force of this Act.
Articles 29 (3), 40a and 47 of this Law and Article 47a (2) shall also apply in cases where the grounds for recovery of the recovery or the State compensation received were born before the entry into force of this Act.
Before the entry into force of this Act, measures may be taken to implement the law.
THEY 134/2010 , StVM 25/2010, EV 177/2010
This Act shall enter into force on 1 January 2013.
Pending the entry into force of this Act, the provisions in force at the time of entry into force of the law shall apply to the decision on the payment of compensation or the provision of support for the participation in adult education.
The annual leave to which the entitlement arose prior to the entry into force of this Act and which has been transferred to the agricultural undertakings pursuant to Article 19 (2), after the entry into force of this Act, shall apply from the date of entry into force of the Act. Provisions.
THEY 110/2012 , StVM 13/2012, EV 87/2012
This Act shall enter into force on 1 January 2016.
In the case of appeals before the entry into force of this Act, the provisions in force at the time of entry into force of this Act shall apply.
THEY 230/2014 , LaVM 26/2014, EV 319/2014
