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The Law Of Kuntouttavasta Työtoiminnasta

Original Language Title: Laki kuntouttavasta työtoiminnasta

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Law on rehabilitation and rehabilitation

See the copyright notice Conditions of use .

In accordance with the decision of the Parliament:

Chapter 1

General provisions

ARTICLE 1 (28.12.2012)
Purpose of the law

This law provides for measures to improve, on the basis of long-term unemployment, the conditions of employment of a person receiving labour market support or income support in an open labour market and to promote participation in the labour market. Training and the public employment service provided by the labour and business authority. The law also provides for the rights and obligations of the person involved.

ARTICLE 2
Definitions

For the purposes of this law:

(1) Activation plan, A person who has been unemployed for a long time to develop a plan to improve the conditions of employment and the management of life, drawn up jointly by the work and business office and the municipality; (28.12.2012)

(2) Through rehabilitation work Activities organised by the municipality, whose purpose is to improve the life-management of a person and to create conditions for employment, and which does not generate an error ratio or a working relationship between a person and a person organising or carrying out activities;

(3) Means of subsistence The Law on Income Support (19/05/1997) And financial support;

(4) Labour market support Unemployment insurance law (1290/2002) Aid intended; (30.12.2002/1293)

(5) As eligible for labour market support The person receiving labour market support and the person referred to in Article 2 (3) of Chapter 10 of the unemployment insurance law; (28.12.2012/1003)

(6) Expense allowance The daily allowance payable to the recipient of labour market support under Article 6 (2) of Chapter 10 of the unemployment insurance law; (28.12.2012)

(7) Operating money Daily allowance payable under Article 10a (1) of the Law on Income Support for the Rehabilitating Labour Scheme;

(8) Travel allowance Reimbursement of travel costs incurred under Article 10a (2) of the Law on Income Support under Article 10a (2);

(9) State compensation Reimbursement of the costs incurred by the municipality for the organisation of the rehabilitation of the rehabilitation of employment;

Paragraph 10 is repealed by L 28.12.2016. .

(11) Municipality Home municipality law (2013) The municipality of Destination.

ARTICLE 3
Scope

This law shall apply to the drawing up of an activation plan and to the organisation of a rehabilitation programme for the unemployed person under the age of 25, entitled to labour market support or income support:

1) which has been drawn up under the law on public employment and business services (916/2012) in Chapter 2, Article 6 And which, on the basis of unemployment, has received labour market support for at least 180 days in the last 12 calendar months;

(2) for which the employment plan referred to in Article 6 of Chapter 2 of the Public Labour and Enterprise Service Act has been drawn up and which has received unemployment benefit for the unemployment benefit period laid down in Chapter 6, Section 7 of the unemployment insurance law; or

3) a job interview with a jobseeker within the meaning of Article 4 of Chapter 2 of the Public Labour and Business Service Act and whose main income has been paid in the course of the last four months for the purpose of Income support.

(28.12.2012)

This law also applies to the development of an activation plan and to the organisation of a rehabilitation of the unemployed person who has been unemployed for 25 years, or who has been eligible for income support in the past; - And the employment plan referred to in Article 6 of Chapter 2 of the Business Services Act and:

1) which has received labour market support for at least 500 days on the basis of unemployment;

(2) after a period of unemployment in accordance with Section 7 or 9 of Chapter 6 of the unemployment insurance law, labour market support has been paid for at least 180 days; or

3) whose main income in the last 12 months has been based on income support paid in response to unemployment.

(28.12.2012)

The application of this law to the person referred to in paragraphs 1 and 2 shall be governed by Article 15.

This law shall not apply to a person who has a law on the promotion of integration (13/106/2010) , the right to integration. However, the time limits laid down in paragraphs 1 and 2 shall be taken into account, on the basis of unemployment, on labour market support and income support paid in support of integration. (30.12.2010/1389)

This law shall apply to the organisation of rehabilitation activities for the person referred to in paragraphs 1 and 2, referred to in the Law on multisectoral cooperation in favour of employment (13/09/2014) And with which a multidisciplinary employment plan referred to in Article 4 of that law is drawn up. The multi-annual employment plan shall replace the activation plan referred to in this Act. (30/04/2013)

§ 4 (28.12.2012)
Relationship with other legislation

Subject to this law, labour market support, reimbursement of expenses, income support and support for the rehabilitation of the unemployed during the rehabilitation period shall apply to the unemployment insurance law on labour market support, expenses and benefits. And the provisions on income support provided for in the law on income support and income support.

Where reference is made to labour market support or to the reimbursement of expenses under the Act on unemployment insurance, the reference shall also be construed as referring to labour market support and reimbursement of expenses incurred during the period of rehabilitation, Subject to this law.

In addition to what is laid down in this Act for the establishment of an activation plan and for the organisation of rehabilitation activities, the law on the status and rights of the customer (12/2000) , the Social Welfare Act (710/1982) And the law on public employment and business services. (12/04/1222)

Chapter 2

Implementation

§ 5 (30.4.2010/314)
Establishment of an activation plan

The work and business office and the municipality are required to draw up an activation plan in cooperation with the person referred to in Article 3. The activation plan shall be renewed until a person fulfils the employment condition referred to in Section 5 (3) or (7) of the unemployment insurance law.

The Office shall be required, without delay, upon receipt of the information from the People's Office to establish an activation plan for a person who satisfies the requirements of Article 3 (1) (1) or (2) or (2) (1) or (2) Conditions.

The municipality is obliged to initiate without delay measures to establish an activation plan for a person who fulfils the conditions of Article 3 (1) (3) or (2) (3).

Before the start of the measures, the work and business office must ensure that a job plan in accordance with Article 6 of Chapter 2 of the Public Employment and Business Service Act has been concluded with the person. Before taking measures, the municipality must ensure that the employment and business office has entered into a employment plan in accordance with Section 6 of Chapter 2 of the Public Employment and Business Service Act, or that the employment and business office is Reserved the opportunity for the person referred to in Article 3 (1) (3) for an interview with a jobseeker within the meaning of Article 4 of Chapter 2 of the Act on Public Employment and Business Service. In the absence of an employment plan or an opportunity for an interview with a jobseeker to ensure that a person's job application has not been in force, the municipality must take steps to draw up an activation plan. (28.12.2012)

The duration, modification and extension of the activation plan shall be agreed between the municipality, the work and industry and the person concerned. The customer will be able to use a sponsor to draw up and renew the activation plan.

The work and business office or the municipality shall take a decision as to whether the plan should be considered to be interrupted. The plan may be considered to be interrupted after a period of one month after a person has been employed in employment or in business, or has commenced a full-time course of study leading to an occupation or qualification. Before the suspension decision is taken, the working and business office or municipality shall consult the person.

ARTICLE 6
Organisation of work-related activities

Municipality is organised by the municipality. The municipality may organise a rehabilitation work itself, by means of a written agreement on its organisation by another municipality or by a registered association, a registered association, a registered foundation, a State agency or a registered religious community With. The municipality must inform the employment office of the contract for the organisation of rehabilitation.

Rehactional work must not be obtained from the company.

The municipality shall be responsible, regardless of the way in which the work is carried out, on the way in which the activity is organised in accordance with this law and in the manner specified in the activation plan or in the horizontal employment plan. (30/04/2013)

The costs of rehabilitation shall be reimbursed to the municipality from State resources in accordance with this law.

The municipality is not obliged to organise rehabilitation activities in the situations referred to in Article 8 (4) and not when a person:

(1) working in an otherwise non-adventitious job of a job with regular working hours exceeding eight hours per week;

(2) is primarily active in the business activities referred to in Article 6 of Chapter 1 of the unemployment insurance law or is starting a business activity;

(3) is a full-time student within the meaning of Article 10 of Chapter 2 of the unemployment insurance law; or (28.12.2012/1003)

(4) participate in the service to promote employment in the unemployment insurance law. (28.12.2012/1003)

(08.06.2012)
§ 7 (28.12.2012)
Work and business office involved in drawing up an activation plan

The work and business office in which the municipality belongs shall be involved in the drawing up of the activation plan.

Chapter 3

Activation plan

§ 8
Content of the activation plan (28.12.2012)

The activation plan shall indicate:

(1) information on the training and career of the person;

(2) an assessment of the effectiveness of former public employment services;

(3) an assessment of the implementation of previous employment plans and plans by the municipality; and

(4) measures which may include job offers, other public employment services, rehabilitation activities, other social services, health, rehabilitation and education services.

(28.12.2012)

In drawing up the activation plan, first of all, the measures referred to in paragraph 1 shall be determined by the possibility of providing employment or public employment services. In addition to these measures, the plan may also include social, health, rehabilitation and education services to improve employment opportunities. Where appropriate, when the activation plan is drawn up, a group of clients in rehabilitation under the law on customer cooperation in the rehabilitation field may be consulted if the customer agrees. (28.12.2012)

If the work and business office, the municipality and the person jointly consider that, because of the constraints imposed by the labour and operating capacity, the person cannot participate in the public employment services or work, the activation plan shall include rehabilitation Employment, social, health and rehabilitation services, which improve the ability of the person to work and function. (30/04/2013)

Paragraph 4 has been repealed by L 30.12.2014/1372 .

The activation plan shall be signed by the employment and business office, the municipality and the person. (30.4.2010/314)

More detailed provisions on the content of the activation plan may be given by the Government Decree.

§ 9
Rehabilitation in the activation plan and in the horizontal employment plan (30/04/2013)

Where rehabilitation work is included in the activation plan or the horizontal employment plan, the plan shall record at least the following:

(1) a description of the rehabilitation work and the location of the activities;

(2) the daily and weekly duration of the rehabilitation work;

(3) the start and length of the rehabilitation period;

(4) other social services, as well as health, rehabilitation and education services, in addition to rehabilitation activities; and

(5) the date of the assessment of the impact of the rehabilitation work on the person's employment prospects and the decision to follow up the action plan and the reform of the activation plan or the multisectoral employment plan.

(30/04/2013)

Before the plan is signed, the Employment Office and the municipality shall be informed of the benefits and allowances to be paid on the basis of the participation in the rehabilitation process.

The activation plan shall be reviewed if necessary.

ARTICLE 10 (30.4.2010/314)
Duty to participate in the drawing up of an activation plan and in the rehabilitation work

A person who satisfies the conditions laid down in Article 3 is obliged to participate in the drawing up of an activity plan, together with the work and business office and the municipality.

Without entering into an activation plan and refusing to take part in the preparation of an activation plan and the rehabilitation of the activation plan or of a horizontal employment plan, The provisions of Article 10 (1), (3) and (4) of the Law on the Income Support Act and Article 10 (1), (3) and (4) of the Law on Income Support. (30/04/2013)

ARTICLE 11 (28.12.2012)
Legal effects of the activation plan

The person shall be entitled to the social, health, rehabilitation and training services and measures contained in the activation plan, as provided for in the relevant laws. The agreed public employment services shall be entitled to the designated public employment services within the limits of the appropriations allocated to the work and business office.

ARTICLE 12 (28.12.2012)
Access to confidential information and storage of the activation plan

In order to draw up an activation plan in accordance with Article 5 (1), and when drawing up the plan, persons to be used as experts in accordance with Article 8 (4) shall be entitled, notwithstanding the provisions of confidentiality, to obtain from each other and to surrender For each other to establish the necessary information on the person concerned. The activation plan shall be deposited in the Social Welfare Office of the Municipality and the Customer Information System of the Office for Employment and Economic Affairs. .

Chapter 4

Rehackable work

ARTICLE 13
Implementation

Rehackable work must be adapted to the person's work and capacity, and to the knowledge that it is meaningful and sufficiently demanding in terms of access to the labour market. Rehackable work must not seriously infringe the religious or other ethical beliefs of a person.

For a period of three to 24 months, rehabilitation is organised for a period of three to 24 months. During the period, during a period of at least one and more than four days per calendar week, a person should be involved in rehabilitation activities. During one day of rehabilitation, it should be at least four hours. (20,2015/142)

At the end of the period referred to in paragraph 2, the activation plan shall be renewed in accordance with the provisions of Chapter 3 of the activation plan.

ARTICLE 14
Restrictions on professional activities

In the case of rehabilitation, a person may participate on a maximum of 230 days in a period of 12 months. The action shall be applied to the working time (605/1996) 1. On a regular working time.

Rehab work shall not replace the work of the post office or employment relationship. Such rehabilitation shall not result in redundancies or layoffs of workers employed by the municipality or other activities in the municipality or in the event of a deterioration in their working conditions or benefits.

Rehab employment must be organised within the working area referred to in Article 9 of Chapter 1 of the unemployment insurance law of the individual. With the consent of the person, rehabilitation activities can also be organised outside the area of employment. (30.12.2002/1293)

§ 15 (30/04/2013)
Condition of work in some cases

As a result of unemployment benefit or unemployment, a person receiving income support, or a person receiving unemployment benefit, may, at his request, arrange for rehabilitation activities to be carried out in accordance with Article 3 (1) and (2) Deadlines, if the municipality and the employment and business office, after giving the person an opportunity to be heard, will assess the life-management and employment conditions of the best-supporting person in the rehabilitation work. Prior to the organisation of activities, an activation plan for rehabilitation work must be drawn up as provided for in Chapter 3, or a cross-sectoral employment plan, as provided for in the The law provides. A person shall submit a request for a rehabilitation activity to the work and business office or to the municipality.

ARTICLE 16
Notification of the onset of rehabilitation activities

Before starting a rehabilitation plan or rehabilitation work under the multisectoral employment plan, the municipality shall inform the head of the principal who represents the employees who are mainly employed With a person undergoing rehabilitation. (30/04/2013)

Notwithstanding the confidentiality provisions, the municipality shall disclose the information referred to in Article 9 (1) (1) to (3).

If there is any doubt as to who the head of business should be informed about, the notification may be made to the principal shop steward representing the majority of the persons working in the organisation.

Chapter 5

Benefits and allowances

§ 17 (30.12.2002/1293)

Article 17 has been repealed by L 30.12.2002/1293 .

ARTICLE 18
Travel allowance

The person is entitled to compensation for travel costs arising from participation in rehabilitation activities, as provided for in Article 10a of the Law on Income Support.

Chapter 6

Refusal and suspension and consequences thereof

ARTICLES 19 TO 21

Articles 19 to 21 have been repealed by L 30.12.2002/1293 .

Chapter 7

Condition of rehabilitation

§ 22 (23.08.2002/751)
Safety and health at work

Work-related activities are subject to safety at work law. (2002) . There are no occupational health care laws applicable to rehabilitation activities. (1383/2001) .

ARTICLE 23
Accident insurance

The municipality shall organise an accident insurance law taking part in the rehabilitation of the disabled. (608/1948) The insurance cover referred to in paragraph 1, in the event of an accident in a rehabilitating occupational activity, in so far as the participant in a rehabilitation activity does not otherwise have the right to compensation under accident insurance law.

The annual work for the declaration referred to in paragraph 1 shall be the result of minimum annual work in accordance with Article 28 (6) of the accident insurance law.

Chapter 8

Financing

§ 24 (30.12.2002/1296)
State compensation

The municipality is entitled to receive a rehabilitating work activity in the form of State compensation for the employment budget of EUR 10,09 per day and per person undergoing rehabilitation. The compensation shall be paid retrospect from the days during which the person participates in the rehabilitation work.

The recovery of the State compensation and the necessary recovery measures will be decided by the Centre for the Development and Management of Enterprise, Transport and Environmental Centres, as well as for employment and business offices. The procedure for granting and charging the State is laid down by a decree of the Government. (12/04/1132)

Reimbursable State compensation shall be paid on the basis of the annual rate of interest (633/1982) By the interest rate referred to in paragraph 2 plus three percentage points. If the amount to be returned is not taken at the latest on the date of repayment specified in the recovery decision, the amount of the delay shall be paid: Article 4 of the Corinth Act The interest rate referred to in paragraph 3 per year from the date of repayment.

ARTICLE 25 (29 DECEMBER 2009/1719)
Financing

Under this law, the municipality's activities are governed by the law on social and health planning and state aid (1999) And the law on the state of the municipality's basic services (1704/2009) .

Chapter 9

Outstanding provisions

§ 26 (30.12.2002/1293)

Paragraph 26 has been repealed by L 30.12.2002/1293 .

§ 27
Obligation to provide information for the public pension institution

The Social Insurance Institution shall provide the employment office with information on persons who, in respect of labour market support and unemployment benefit days, meet the conditions laid down in Article 3 (1) (1) or (2) (1) or (2) (1) or (2). To the conclusion. The information shall be provided by the end of the calendar month following the fulfilment of those conditions.

ARTICLE 28 (30.12.2002/1293)
Appeals appeal

For the purpose of applying Article 10 or Article 18 of this Act, the decision on labour market support, as set out in Chapter 12 of the Act on Employment and Social Security, applies to the decision on labour market support. (1301/2014) chapter 6 Provides. (30/04/2013)

For the purpose of applying the amendment to the decision referred to in Article 24, the provisions of Chapter 14 of Chapter 14 of the Act on Public Employment and Business Service are complied with. (28.12.2012)

§ 29
Technical connection

The information referred to in Chapters 3, 26 and 27 may be obtained and disclosed by means of a technical service, provided that the conditions laid down in the law are satisfied, and if the transferee presents a statement that the information And the protection of personal data in the (523/1999) In the manner prescribed.

ARTICLE 30
More detailed provisions

More detailed provisions on the implementation of this law will be adopted by the Government Decree.

ARTICLE 31
Entry into force

This Act shall enter into force on 1 September 2001. Before the entry into force of this Act, measures may be taken to implement the law.

ARTICLE 32
Transitional provisions

This law shall apply from the entry into force of the law to a person who, after the entry into force of the law, fulfils the conditions of Article 3.

For the purpose of calculating the time limits referred to in Article 3, labour market support and income support are also taken into account before the entry into force of the law.

Any person who, after the entry into force of the law, fulfils the conditions of Article 3 shall draw up an activation plan as referred to in Article 5 without delay. A person who has fulfilled the conditions of Article 3 before the date of entry into force of the law shall have an activation plan by 31 December 2002 at the latest.

By 31 December 2001 at the latest, the National Pensions Office shall provide the employment authorities with information on persons who have fulfilled the conditions of Article 3 before the entry into force of the law.

Article 3 of this article refers to the conditions for labour market support, income support and unemployment benefit days.

THEY 184/2000 StVM 38/2000, EV 177/2000

Entry into force and application of amending acts:

14.6.2001/539:

This Act shall enter into force on 1 January 2002.

Following the entry into force of this Act, the 2001 maintenance allowance and the State compensation shall be adjusted and rounded up to euro and cents in accordance with this Act.

THEY 59/2001 , StVM 13/2001 EV 51/2001

23.8.2002/751:

This Act shall enter into force on 1 January 2003.

THEY 59/2002 , TyVM 4/2002, EV

ON 30 DECEMBER 2002,

This Act shall enter into force on 1 January 2003.

THEY 115/2002 , StVM 43/2002, EV 229/2002

30.12.2002/1296:

This Act shall enter into force on 1 January 2003.

Before the law enters into force, measures may be taken to implement the law.

THEY 225/2002 , No 10/2002, EV 230/2002

22.12.2009/120:

This Act shall enter into force on 1 January 2010.

THEY 178/2009 , No 27/2009, StVL 20/2009, TyVM 11/2009, EV 224/2009

22.12.2009/12:

This Act shall enter into force on 1 January 2010.

THEY 194/2009 , StVM 46/2009, EV 218/2009

29.12.2009/17:

This Act shall enter into force on 1 January 2010.

THEY 174/2009 , HVM 19/2009, EV 223/2009

30.4.2010/314

This Act shall enter into force on 10 May 2010.

THEY 274/2009 , TyVM 3/2010, EV

30.12.2010/1389:

This Act shall enter into force on 1 September 2011.

Before the law enters into force, action can be taken to enforce the law.

THEY 185/2010 , HVM 26/2010, EV 239/2010

8.6.2012/290:

This Act shall enter into force on 1 July 2012.

If, within the meaning of Article 15 (2) of this Law, a person involved in rehabilitation activities pursuant to Article 15 (2) of the Law on Rehabilising Labour is suspended or refuses before the date of entry into force of this Act, Shall be subject to the provisions in force at the time of entry into force of this Act.

Before the law enters into force, action can be taken to enforce the law.

THEY 111/2011 , HVL 2/2012, StVM 1/2012, EV 18/2012

28.12.2012:

This Act shall enter into force on 1 January 2013.

THEY 133/2012 , TaVL 41/2012, PLL 32/2012, TyVM 7/2012, EV 163/2012

28.12.2012/1003:

This Act shall enter into force on 1 January 2013.

Before the law enters into force, action can be taken to enforce the law.

THEY 134/2012 , TyVL 20/2012, HVL 35/2012, StVM 25/2012, EV 154/2012

19.12.2014/1132:

This Act shall enter into force on 1 January 2015.

THEY 197/2014 , HVM 30/2014, EV 190/2014

19 DECEMBER 2014/1222:

This Act shall enter into force on 1 January 2015.

THEY 213/2014 , StVM 22/2014, EV 180/2014

ON 30 DECEMBER 2013:

This Act shall enter into force on 1 April 2015.

THEY 164/2014 , StVM 27/2014, EV 195/2014

ON 30 DECEMBER 2011,

This Act shall enter into force on 1 January 2015.

THEY 183/2014 , StVL 14/2014, HVL 28/2014, HVL 41/2014, TyVM 12/2014, EV 227/2014

20.2.2015/142:

This Act shall enter into force on 1 July 2015.

With the entry into force of the Act, existing activation plans shall be revised to comply with this law by 31 December 2015.

THEY 328/2014 , StVM 39/2014, EV 267/2014