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In accordance with the decision of the Parliament:
The purpose of the Maritime Labour Code is to safeguard the Law on Maritime Labour (1806/2011) Payment of claims resulting from the employer's employment relationship in the event of an employer's insolvency.
The Ministry of Employment and the Economy directs the implementation of the law and is responsible for the development of the wage restraint system.
The Centre for Food, Transport and the Environment, in whose territory the province of Uusimaa belongs, takes a decision on the issue of pay security and takes care of other tasks related to the implementation of the law.
The remuneration shall be paid by the worker's employment relationship with the worker employed by the Law on Maritime Labour, the criterion and amount of which has been settled.
Available in the form of a mercenary maritime law Article 3 (2) of Chapter 3 of the In the case of a maritime law under Article 1 (1).
Compensation or compensation based on a law or contract which does not hold a special period of due date and no longer enjoys the maritime lien referred to in paragraph 1 shall be applied for, within three months of the judgment in force, or The conclusion of an agreement concluded in accordance with established labour market practice.
In order to qualify for remuneration, the employer's insolvency is required. The employer shall be considered insolvent if:
1) the employer has been declared bankrupt;
(2) the employer has been found to have been unable to pay the creditor's claim;
(3) the employer has failed in due time to account for the provision of the advances provided for or to pay the employer's contributions;
(4) the employer is not available or has ceased operations and the employer's assets are unable to pay; or
(5) In other cases, the insolvency of the employer is clearly apparent in the other cases mentioned above.
If the employer has been declared bankrupt, the employee is required to keep his entitlement to pay for the insolvency of the employer in the event of bankruptcy (120/2004) in Section 6 of Chapter 12 In the manner prescribed. However, the obligation to declare shall not be included in the list of employment schedules referred to in Article 11 of this Act drawn up by the receiver. In addition, the employee must, in order to maintain his entitlement to the security of the contract, indicate that he/she may also have access to the ship's rights as a means of foreclosubation. (20.2.2004)
Where an employee fails to fulfil the control obligations laid down in paragraph 1, the guarantee may be refused either in whole or in part.
The security authority shall therefore be entitled to refuse payment security or to consider the amount of compensation to be paid in the following circumstances:
(1) the worker's claim is based on an agreement or arrangement which appears to have been made for the purpose of obtaining remuneration;
(2) the claim applied for in the form of a contract of remuneration is manifestly disproportionate to the work performed and to any other circumstances which may be considered reasonable;
(3) the employee repeatedly applies for the same claim against the same employer;
(4) the worker has continued to work, even after he has had to know that the employer is unable to pay his salary.
(29.12.2009)In addition, the pay security may also be limited to the amount that the employer has paid to the employee within one year prior to the application for a salary application as a result of the employment relationship.
The same employer shall also be regarded as the same employer within the meaning of paragraph 1 (3) where the ownership, contract or other arrangement is controlled by:
(1) previous employer;
(2) the person who is, or persons who are, in the past, the law of the former employer in the event of a bankruptcy (758/1991) in Article 3 In the case of proximity; or
(3) the persons referred to in paragraphs 1 and 2.
An employee who has previously been paid for protection shall have the right to know in advance of the application to know whether or not the pay protection is to be restricted or refused on the basis of paragraph 1 (3).
The maximum amount of compensation or reparation referred to in Article 4 (2) of this Law shall be equal to EUR 15,200 per employee for the same employer. (26.10.2001)
The remuneration of the standstill period referred to in Article 18 of Chapter 2 of the Act on Maritime Labour is not paid more than the amount of the income paid in respect of which a delay in the payment of a waiting period is incurred. (17,061/762)
A claim based on a working time bank may be paid in the form of pay security if the establishment and content of the working time banking system is written in writing or otherwise specified in the workplace. In addition, the employer is required to have a working time bank account receivable/accrued by the employer, or that the transactions and their dates are apparent from the working time and pay records.
The maximum amount of duty to be paid as a paid employment allowance on the basis of work carried out by the same employer is the amount corresponding to the employee's salary of six months.
The travel or other cost incurred by the employer for carrying out the work, paid by the employer, shall be paid in the form of remuneration if it is of a normal and reasonable nature.
The application shall be submitted to the labour and business office or to the Centre for Enterprise, Transport and the Environment. The application may also be lodged abroad by the Finnish delegation. (29.12.2009)
The claimant may be an employee or an employee association to whom the employee has transferred his claim. Under the conditions laid down by the Council's decree, the employer, under the conditions laid down by the Council's decree, can also apply for bankruptcy.
The State Council may determine which of the employees' organisation referred to in paragraph 2 shall have the right, without a separate authorisation, to represent its members on the issue of the security of the pay.
Before a decision is taken, the employer and the worker must be given the opportunity to be heard in the same way as the administrative law (434/2003) Provides. The imposition of a charge on the payment of the liability of a company man and a company man responsible for the payment of other debts, as referred to in Article 15, for the payment of the liability of a company man and a commandites company, as well as other claims, must also be provided for: Be consulted on the application. (29.10.2004)
Where the employer does not own a vessel based on the basis of the claims received by the seafarer, the application must also be notified to the owner of the vessel, provided that this is known to the operator, the transport and the Environment Agency, and service Can happen easily. (29.12.2009)
For the purpose of consultation, a period of seven to 14 days shall be made available to the party concerned. The period may be extended to a maximum of 21 days. (29.10.2004)
The bankruptcy administrator shall, without delay, draw up a list of claims resulting from the unpaid employment relationship. The administrator shall, in cooperation with the industry, the transport and the Agency, find out which receivats may be paid as an employed person. The administrator shall provide the workers or their representatives with the opportunity to express their views on the claims entered in the register.
A written decision shall be taken in respect of a pay application. The decision shall be justified as required by Article 45 of the Administrative Code. (29.10.2004)
Paragraph 2 has been repealed by L 29.12.2009/16 .
The pay-security decision shall be served on the ordinary service provided for in Article 59 of the Administrative Code. If, in the case of information from a pay-security decision, the period of receipt of an employer's claim for a recovery period begins to run, the salary security decision shall be notified to the employer and to the other repayment obligation referred to in Article 15 of the Administrative Code, in Article 60. , using the evidence of evidence provided.
The decision shall also be sent to the owner of the vessel referred to in Article 10 (2).
The remuneration shall be paid within one week of the wage restraint decision. The amount to be paid in the form of remuneration shall be provided by the prior (1118/1996) The amount deducted from the salary of an employee referred to in the Maritime Labour Convention, unless otherwise provided elsewhere by law. The payoff and the ban on pay are also valid in the form of pay protection. (17,061/762)
The employment, transport and environmental centre may be used by the State in accordance with this law or in the form of a guarantee law. (1998) In accordance with the law, the part of the employee's salary is not more than the part of the employee's salary. (29.12.2009)
The recoverable claims shall be transferred to the State, with all their rights, from the date of issue of the decision.
The employer, the responsible company of the Commandiite company and the partner of the open company and the other person liable for the payment of the employee's claims shall be obliged to repay the amount paid to the State for the date of the decision, including: The calculation of the interest rate (633/1982) With interest pursuant to paragraph 1.
The obligation to pay back the person liable for the payment of the claims referred to in paragraph 1 shall be settled by means of a pay-security decision or a separate decision on repayment. The decision on the repayment obligation shall be taken without delay after the repayment obligation has been established. (29.12.2009)
The service of the decision on the repayment obligation shall be applied mutatis mutandis, as provided for in Article 12a of the salary security decision. (29.12.2009)
The decision on the security of pay and the repayment obligation is immediately enforceable, unless the Court of Justice in its deliberations on the wage protection dispute determines that the decision is not to be implemented so far, or Continue implementation.
Until such time as the Ministry of Employment and the Economy and the Government Decree-Law lays down, the Centre for Enterprise, Transport and the Environment may, for reasons of importance or other comparable reasons, or in the case of recovery, be able to: In the light of the economic situation, it is unreasonable to grant a deferral of payment or to exempt either the employer or any other person liable for payment in full or in part.
An appeal against a decision by the Ministry and the Department of Business, Transport and the Environment shall not be subject to an appeal.
The security shall be recovered to the State within 10 years of the end of the year in which the pay security decision has been adopted. Since then, the right to payment has been lost. The time limit shall not prevent the receipt of a payment from the means of foreclosing, bankrupt or other public challenges, where the recovery of the claim has been foreclosed or the claim has been controlled in bankruptcy or other public challenges Within the period referred to above. In the case of a specific limitation period, the restructuring process and the debt regime are governed by the (47/1993) in Articles 99 and 91a And the private person's debt regime (57/1993) in Articles 79 and 79a .
If the claim for compensation has been rejected as a result of the fact that the employer has challenged the claim and the amount of the claim and the amount of the claim has not been settled, the employee must, in order to maintain the right to pay for the right to pay, In the district court against the employer. The application for a summons must indicate that the application complies with this paragraph.
The court shall issue a summons, an application for a challenge and the accompanying documents, as well as the replies given to the State in response to the challenge. The State shall, if it considers its interests to demand it, have the right to register with the court within the time limit set by the court.
In the cases referred to in paragraphs 1 and 2, the Court of Justice shall, in the circumstances referred to in paragraphs 1 and 2, lay down the maximum amounts payable by the employer to the employer.
If the employer has denied the claim sought by the employer and the employer has not been declared insolvent, the claim must be rejected and the worker must be given proof of the action referred to in paragraph 1.
If, in the case of a claim, which is not contested by the employer, it has been dismissed as unexplained or unfounded, the worker must, in order to maintain his entitlement to the claim for protection of the right to pay and the amount of your confirmation in the district court, Against the state.
The period of validity of the action referred to in Articles 19 and 20 shall be six months. The time limit shall be calculated from the notification of the decision. The action must be brought before the court in which the employer should be responsible for the employment contract.
If the employer is bankrupt or is declared bankrupt within the period of initiation of the action, the action cannot be brought, but the challenge of the claim is settled in the bankruptcy proceedings. If such bankruptcy is cancelled or lapse, the deadline for bringing an action shall be calculated from the end of the bankruptcy.
It is not necessary to increase the incentive to be controlled in the event of a ship's foreclosure, which has been published during the initiation of the action. In the event of cancellation or lapse of a forced auction, the time limit for bringing an action shall be calculated from the date on which the auction should have been held.
The Centre for Food, Transport and the Environment shall have the right to make a reminder in bankruptcy or in the event of a foreclosure of the vessel, which may be paid by the tax authorities. (29.12.2009)
Where a new application is made within six months of the judgment or the final result of the decision of the bailiff, a claim may be made on the basis of a judgment or a decision of the vessel at the end of the ship's forced auction, provided that: Other conditions for access to pay security are met.
In the case of a security decision which has been rejected on grounds other than those mentioned in Articles 19 and 20, or inadmissibility, an employee may appeal to the Board of Appeal of the Court of Appeal by a written complaint. The complaint shall be submitted to the Centre for Enterprise, Transport and the Environment within 30 days of the notification of the decision. The Agency shall, without delay, send a notice of appeal, its opinion and the accumulated documents to the Appeals Board. (29.12.2009)
The decision of the Board of Appeal of the Unemployment Protection Appeals Board may appeal against the right of appeal, as provided for in the administrative law (18/06/1996) Provides. The decision to inform the decision concerns what Article 59 of the Administrative Code provides for an ordinary service. (8.12.2006/1094)
The decision referred to in Article 11 (1) or (2) of the Law on the Protection of the Child on an additional appeal shall be in force as laid down in Chapter 11 of the Law on Administrative Law. (21.2.2003/139)
The employer and the other person liable shall not apply for a change to the pay security decision by choice. (29.10.2004)
The employer and other person liable for payment may apply to the decision on the security of pay and the repayment obligation before the court in which the employer should be responsible for the employment contract. The application must be initiated within 60 days of the notification of the decision on wage protection and the repayment obligation. (29.12.2009)
If the employer or other person liable is bankrupt or is declared bankrupt within the period of initiation of the action, disputes relating to the obligation to pay can be settled in the bankruptcy proceedings. The disputes may also be resolved in the context of the foreclosure procedure of the vessel where the alert has been published during the initiation of the recovery action.
The employer is obliged to provide the information necessary for the implementation of the law to the Centre for Enterprise, Transport and the Environment, which has the right to check the records of the employer. The police authority is obliged to provide the necessary administrative assistance to obtain information.
The Centre for Food, Transport and the Environment shall be entitled to receive free of charge, without prejudice to the provisions on confidentiality and access to other information, from the tax authorities, the enforcement authorities, the health authorities, the People's Pensions Office, The information necessary for the processing of the application for the application of a salary application from the Pension Security Centre, pension institutions, unemployment funds and employment and business offices.
The Centre for Food, Transport and the Environment shall also be entitled to obtain the necessary information for the purpose of dealing with the pay-security case, including any other authority or entity in the Member State of the European Union.
The Centre for Food, Transport and the Environment shall, notwithstanding the provisions of confidentiality and other information or disclosure restrictions, have the right to surrender to the authority or entity in the Member State of the European Union Information necessary for the handling of a contract of pay security pending there.
Any person, intentionally or negligently, has achieved an undue payment security charge or any other benefit under this law shall be obliged to reimburse the undue payment or to replace the value of the benefit Article 4 of the Corinth Act (1), with interest from the date of issue of the benefit.
The punishment for the fraudulent acquisition of pay security or the attempt to attempt it is punishable by criminal law (39/1889) In accordance with Articles 1 to 3.
The penalty for a grant fraud against a reduction or exemption under this law shall be condemned: Chapter 29 of the criminal code Articles 5, 6 or 8.
Law on the financing of unemployment benefits (185/1998) Shall pay to the State the difference between the amounts paid to the employees and the amounts of capital collected from employers on an annual basis, in accordance with the invoice issued by the Ministry. However, this difference shall be deducted from the amounts withheld from employers or from other payment obligations under Article 17. In the event of late payment, interest on late payment shall be 16 %.
More detailed provisions on the implementation of this law are laid down by the Government Decree.
This Act shall enter into force on 1 January 2001.
This law repeals the seamen's wage restraint of 21 December 1979. (19/07/1979) With its subsequent modifications.
This law applies to the application of the salary security applications submitted to the employment services after the entry into force of the law. The provisions of Chapter 6 of this Act shall also apply to applications pending before the entry into force of the Act.
The new salary applications pursuant to Article 23 of the Act shall be subject to the provisions in force at the time of entry into force of this Act, where, for the first time, the claim based on the judgment has been applied for in force in force and in the first paragraph of Article The application of the provisions on appeals.
Before the entry into force of this Act, State claims arising from wage-restraint decisions will expire at the latest by the end of 2010.
THEY 175/2000 , TyVM 9/2000 EV 172/2000This Act shall enter into force on 1 May 2003.
When an appeal is lodged before the entry into force of the Act, the provisions in force at the time of entry into force of the Act shall apply.
THEY 101/2002 , LaVM 23/2002 EV 232/2002
This Act shall enter into force on 1 September 2004.
THEY 26/2003 , LaVM 6/2003, EV 113/2003
This Act shall enter into force on 1 January 2007.
Before the entry into force of this Act, measures may be taken to implement the law.
THEY 182/2006 , StVM 33/2006, EV 167/2006
This Act shall enter into force on 1 January 2007.
THEY 169/2006 , Regulation (ec) No 207/2006,
This Act shall enter into force on 1 January 2010.
THEY 219/2009 , TyVM 12/2009, EV 254/2009
This Act shall enter into force on 1 August 2011.
THEY 174/2010 TyVM 15/2010, EV 303/2010
