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Vuorotteluvapaalaki

Original Language Title: Vuorotteluvapaalaki

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Tide-free law

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In accordance with the decision of the Parliament:

ARTICLE 1
Purpose of the law

The purpose of this law is to promote short-term work through absenteeism, while at the same time improving the employment conditions of the unemployed person seeking employment through temporary work experience.

ARTICLE 2
Scope

This law applies to full-time workers and to workers whose working time exceeds 75 % of the working time of the full-time worker employed in the sector. This law shall also apply to a person who is in a post-office relationship or with a comparable service to the State, municipality or other public body.

For the purposes of this Act, the employer shall also mean the entity referred to in paragraph 1.

However, this law does not apply to a person who is considered to be the subject of the unemployment insurance law (1290/2002) in Chapter 1, Article 6 And in which the effect of working in the undertaking is not the right to unemployment benefit.

ARTICLE 3 (7.12.2007/1127)
Definitions

For the purposes of this law:

(1) On a rotating free An arrangement whereby, in accordance with the rotation contract concluded between the employee and the employer, the employee is to be exempted from the performance of his duties and where, at the same time, the employer undertakes to pay the work and In the business office as an unemployed person seeking employment within the meaning of Section 1 of Chapter 2 of the Unemployment Insurance Act; (08.08.2010)

(2) Mountain fighter The person who is left on a rotating basis;

(3) Substitute A person who has been employed for a rotating free period for work;

(4) By means of a rotation schedule, The agreed rotation schedule in more than one section;

(5) Extension of rotation-free The continuation of the rotation-free period immediately after the agreed leave; and

(6) Temporary work in return Temporary work during the alternment period during the period of rotation of the employer in respect of which the person in charge of the service is off duty.

§ 4 (22.12.2006/1254)
A condition for a rotation-free work history

A condition of rotation is that a person has acquired a period of employment before the start of the rotation period of at least 16 years. Where a person has previously received a rotation allowance, the period of employment shall be at least five years from the end of the previous rotation period. The working time shall be calculated on the basis of the employee's pension (395/2006) in Article 3 , on the basis of merit in the work of the working pension funds. (08.08.2010)

The number of hours worked shall be calculated as provided for in Section 11 (2) of Chapter 6 of the unemployment insurance law.

For the purposes of calculating the period of employment referred to in paragraph 1, a full calendar month shall also be taken into account for the purposes of calculating the period of employment:

1) from which a person has been paid (1224/2004) Maternity, special maternity, paternity or parental allowance or special care allowance; and

(2) the person has been a person who has been under a law or a contract of employment or a contract of employment, or has performed a military or civil service.

Up to a quarter of the working time may be a time equivalent to the work referred to in paragraph 3.

§ 4a (08.08.2010)
Taking account of foreign employment

The period of employment referred to in Article 4 shall also include the period of employment or the time of employment which the person has been insured with in the Member State of the European Union, in the State of the European Economic Area or in Switzerland, If a person presents an adequate and reliable explanation of his work or his work.

§ 5 (17,061/761)
Working conditions

A requirement for rotation shall be that the employment and employment relationship referred to in Article 2 of the same employer must have been immediately taken immediately before the start of the rotation period of at least 13 months, which may include not more than 30 Calendar day unremunerated absence. Absence due to sickness or accident shall be treated as such in the application of this provision.

For the purposes of calculating the period of employment referred to in paragraph 1, the period of time for calculating the period of employment referred to in paragraph 1 (55/2001) in Chapter 1, Article 10 Or the Maritime Labour Convention (756/2011) in Chapter 1, Article 10 Shall be reproduced in the service of the public body governed by public law which is the subject of a rearrangement.

§ 5a (08.08.2010)
Mountain fighter upper age limit

A rotation-free period cannot be initiated after the end of the calendar month in which the rotator fulfils the age corresponding to the minimum age for the start of the retirement pension under the pension scheme of the employee for a period of three years.

ARTICLE 6 (08.08.2010)
Duration of rotation

The duration of rotation shall not be less than 100 calendar days for a continuous period of no more than 360 calendar days.

§ 7 (08.08.2010)
Securing rotation-free rotation and extension of agreed rotation

The rotation-free period shall be agreed in the schedule agreement prior to the start of the free period. For periods of rotation, the minimum length of each period is 100 calendar days.

The extension of the rotation shall be agreed two months before the end of the agreed rotation.

The timing of the rotation period may be postponed by agreement on a new date before the start of the period.

However, rotational leave must be fully maintained within two years from the date of its commencement and shall not exceed the maximum duration of rotation.

§ 8 (08.08.2010)
Mounting agreement

The employer must conclude a written handover contract with the liner, in which the employer undertakes to hire a replacement. The rotation agreement shall be submitted to the labour and business office before the start of the rotation. In addition, a contract of employment or other reliable proof that the substitute has been hired for a rotation period shall be submitted to the labour and business office before the start of the rotation period or without delay after the start of the rotation. The corresponding reports shall be submitted to the labour and business office in the course of a period or an extension of rotation within the meaning of Article 7 (1) and (2).

§ 9 (08.08.2010)
Silent

A job seeker who is unemployed in a job and business office, who has been unemployed for at least 90 calendar days during the 14 months prior to the start of the rotation, shall be employed in the employment and business office. The person who is employed as a substitute must be unemployed as a jobseeker immediately before the start of the rotation.

Notwithstanding the provisions of paragraph 1, a job seeker who is unemployed in the employment and business office of less than 30 years, who has been unemployed for a maximum period of one year or unemployed, may be employed in the employment and business office. A jobseeker who, at the start of the rotation, is less than 25 years old or over 55.

It is not possible to hire a person who is considered a full-time student within the meaning of Section 10 of Chapter 2 of the unemployment insurance law.

The working time of the substitute should be at least the length of the regular working time of the liner. If a part-time worker employed by an employer is unemployed as an applicant for full-time employment in the employment and business office and is employed on the basis of a duty free from rotation, The unemployed jobseeker registered in the employment and business office, notwithstanding Article 5 of Chapter 2 of the contract law. In this case, the increase in the working time of these workers must be at least the length of the regular working time of the liner.

ARTICLE 10 (7.12.2007/1127)
Premature termination of rotation and temporary return to work

From the end of rotation, early or temporary return must be agreed between the employer and the alternate. The rotation-free period shall take place during the return to temporary work and shall then continue, in accordance with the rotation agreement, unless it is extended within the meaning of Article 7 (2).

The rotation-free shall be deemed to have ended if the holder is entitled to a maternity, special maternity, paternity or parental allowance in accordance with the Health Insurance Act, or is granted leave, which is scheduled for the time of rotation, pregnancy and As a result of childbirth or the care of the child or begins to receive special care allowance. However, in the event of a period of not more than 18 working days referred to above, the period of rotation shall be deemed to have been interrupted.

ARTICLE 11 (08.08.2010)
Effects of the end of the substitute service

If the service is terminated before the end of the rotation, the termination of the service shall not be deemed to be contrary to the contract of rotation if:

(1) the employer without delay, and no later than two months after the termination of the service, to replace the replacement referred to in Article 9; or

(2) the work and business office cannot assign an appropriate person to the previous holding.

ARTICLE 12
The right of the rotator to return to his previous job

At the end of the rotation period, the alternate shall have the right to return to work as a matter of priority. If this is not possible, it shall be provided by a working contract or employment contract, and if this is not possible, any other work in accordance with the Agreement.

ARTICLE 13 (08.08.2010)
Right to a rotation allowance

During the rotation period, the liner shall be entitled to a rotation allowance.

The rotation allowance shall not be paid in respect of a non-rotation-free period for which no substitute is paid.

However, in accordance with the Agreement, the right to a rotation shall continue in accordance with the Agreement if the replacement of the substitute paid during the rotation period ends before the end of the rotation period.

If the working relationship of the liner terminates the rotation of the liner for an independent reason before the rotation-free period has taken place 100 calendar days, the liner shall be entitled to a rotation remuneration until the end of the employment relationship.

ARTICLE 14
Restrictions on entitlement to compensation

The rotation allowance shall not be entitled to the time when the rotator:

(1) receive a salary or annual salary or any other allowance or consideration for the employer referred to in Article 2 against which the liner receives a corresponding free time;

(2) carry out a voluntary military service or a civil service;

(3) conduct a custodial sentence in a penal institution;

(4) is employed by an employer other than the employer referred to in Article 2 for more than two weeks;

(5) pursue a business activity within the meaning of the unemployment insurance law; or

(6) receive the benefit referred to in Article 3 (1) or Article 4 (2) (2), (5) or (6) of the unemployment insurance law.

The remuneration referred to in paragraph 1 (1) shall not be considered to be paid by the employer, provided that such benefits are not included in the taxable income of the employee, nor of the nature of the benefits which, according to the contract agreement, continues to be alternable During.

§ 15
Level of rotation compensation

The total amount of the daily allowance shall be 70 % of the unemployment allowance to which the person would be unemployed when he/she was entitled under Chapter 5, Section 2 to 5 of Chapter 5 and Article 1 (1), Article 2 (1) and Article 4 of Chapter 6 of the unemployment insurance law. The rotation allowance shall be 80 %, provided that the liner has a working history of at least 25 years before the start of the rotation. For the purpose of determining the compensatory allowance, the child increase referred to in Section 6 of Chapter 6 of the unemployment insurance law shall not be taken into account. (22.12.2009)

For the purposes of the unemployment allowance referred to in paragraph 1, during the period of rotation of a rotator, the benefit of the statutory benefit, remuneration and other income shall apply to the unemployment allowance in respect of Chapter 4, Sections 1 to 5, and 7 and 8 of the unemployment insurance law. § provides. However, the amount of the rotation allowance shall be without prejudice to any other compensation or consideration paid during the period of duty free and free of charge, against which the liner shall receive no corresponding free time, nor any inherent advantages, Which are not included in wage income and which, according to the rotation contract, will continue during the rotation period. The amount of the daily allowance shall not be calculated on the basis of the protective measure referred to in Article 5 (1) and (2) of Chapter 4 of the Unemployment Insurance Act. (20,2013/1054)

Notwithstanding the provisions of Chapter 6 of Chapter 6 of the Act on Unemployment, which provides for the determination of the remuneration on the basis of the earnings-related allowance, the amount of paid income to be determined shall be taken into account for a period of at least 52 weeks Salary income from the pre-scheduled payment periods. The wage income does not include the natural advantages which, according to the Jobrotation agreement, will continue during the rotation period. (7.12.2007/1127)

ARTICLE 16
Application for rotation compensation

The rotation allowance shall be applied to the Social Insurance Institution or the unemployment fund concerned.

§ 17 (08.08.2010)
Employment policy opinion

The Office shall issue a binding statement on the conditions referred to in Articles 5 to 9 and Article 14 (1) (5) and on the conditions for recovery referred to in Article 19 (1).

The Labour Policy Statement shall apply to and provide for the unemployment benefit law, subject to this law.

ARTICLE 18 (08.08.2010)
Notification obligation

The employer shall, without delay, inform the Office of the Employment and Economic Service of the remuneration of the replacement for the duration of the rotation, as well as of the relevant changes in the Conditions of Employment.

§ 19
Recovery of the compensatory allowance

If, on the basis of the circumstances of the rotation scheme, it is apparent that the purpose was not to carry out Jobrotation in accordance with this law, the rotation compensation shall be recovered, unless the recovery is to be regarded as manifestly Disproportionate.

If the compensatory payment has otherwise been paid unduly or in excess of the amount paid, the excess compensation must be recovered. Recovery may be waived, in whole or in part, where this is deemed to be reasonable and the undue payment of the compensation has not been due to fraudulent conduct or gross negligence on the part of the liner fighter, or if the amount unduly paid is Small. In addition, recovery may be waived, even after the adoption of the recovery decision, where, in view of the beneficiary's financial situation, it is no longer appropriate to continue or to recover Costs would be disproportionate to the amount of compensation to be recovered. (7.5.363)

The recovery of the compensation shall apply mutatis mutandis, as provided for in Section 10 (3) and (4) of Chapter 11 of the unemployment insurance law concerning the recovery of unemployment benefit.

If a liner has received a rotating payment from the same period for which he is granted retroactive benefits within the meaning of Article 14 (1) of Chapter 11 of the Unemployment Insurance Act, the Social Insurance Institution or the unemployment fund shall recover from that period The amount wrongly paid out of the amount unduly paid. Moreover, the recovery shall apply mutatis mutandis, as provided for in Article 14 (2) of the unemployment insurance law of Chapter 11. (24.04.2015/481)

L to 42/2015 The amended paragraph 4 shall enter into force on 1 January 2016. The previous wording reads:

If the liner has received a rotating payment from the same period for which he is granted retroactive daily allowance in accordance with the sickness insurance Act, (608/1948) In respect of a daily allowance or accident pension or unemployment benefit, as referred to in Article 14 (1) of Chapter 11 of the Act on Unemployment, the Social Insurance Institution or the unemployment fund shall recover from that period the amount of the amount unduly paid out of the amount unduly paid; The benefit. Moreover, the recovery shall apply mutatis mutandis, as provided for in Article 14 (2) of the unemployment insurance law of Chapter 11.

§ 20
Appeals appeal

Appeals against the decision of the People's Pensions Office or the unemployment fund may appeal to the unemployment benefit review board by writing a written appeal within 30 days of the date on which the appellant received the Of the Decision. (12/01/1092)

The decision of the Board of Appeal of the Unemployment Protection Board shall not be challenged by a written complaint against the insurance period within 30 days of the date on which the appellant was informed of the decision. (12/01/1092)

If the appellant does not show otherwise, he shall be deemed to have been informed of the decision referred to in paragraphs 1 and 2 on the seventh day after the decision has been mailed at the address given by him.

The opinion referred to in Article 17 shall not be appealed against.

The unemployment insurance agent referred to in Section 4 (3) of Chapter 1 of the Unemployment Insurance Act is entitled to appeal, in the case of the allocation of costs, in accordance with Article 2 (2), within 30 days of the date on which: The employment authority has been informed of the decision. (24.6.2004)

ARTICLE 21
Application of unemployment insurance and unemployment funds

In the case of a delayed application, the method of payment, the temporary suspension or reduction of the payment of benefits, the amount of benefit days per week, the decision on compensation for rotation, the decision to Removal and self-rectification, recovery from recovery, obligation to provide information, access to information and the right to information, access and disclosure of information, allocation of costs, And the unemployment security review board shall: In the field of unemployment insurance and unemployment insurance (603/1984) Unless otherwise provided for in this Act. (12/01/1092)

On the basis of the unemployment benefit under the unemployment insurance law, the unemployment benefit law is in force on the basis of which the unemployment insurance law provides for the forecluse of the basic daily allowance.

§ 22
Financing

The cost of rotation to the unemployment funds and the National Pensions Institution shall be financed in accordance with the provisions of the Act on the financing of unemployment benefits (185/1998) And Section 3 of Chapter 14 of the unemployment insurance law lays down an unemployment allowance.

ARTICLE 23 (7.11.2011)
Executive bodies

With regard to the implementation of the rotation system, the Ministry of Social Affairs and Employment and the Ministry of Employment and the Economy, with regard to the matters relating to the remuneration of the rotation, will be guided and developed by the Ministry of Social Affairs and Employment. With regard to the supervision of the National Pensions Office and unemployment funds, the unemployment insurance law and the unemployment insurance fund are in force.

§ 24
Control

Compliance with this law will be monitored by the labour and labour inspectans.

ARTICLE 25 (27.11.2009/961)
Entry into force

This Act shall enter into force on 1 January 2003.

§ 26
Transitional provisions

If the liner contract has been concluded before the entry into force of this Act, the (1663/1995) Provisions.

In calculating the working history requirement under Article 4 and in the calculation of the condition of employment referred to in Article 5, the period before the entry into force of this Act shall also be taken into account. The five-year working history condition referred to in Article 4 of this Act shall also apply to the alternation-free period ending in the validity of this law.

Where the law or provisions adopted pursuant to it refer to the law on alternance, the reference shall be understood to mean this law, subject to that law.

THEY 226/2002 , Regulation (ec) No 224/2002

Entry into force and application of amending acts:

7.5.2004/363:

This Act shall enter into force on 1 June 2004. However, the third sentence of Article 19 (2) shall not apply until 1 September 2004.

THEY 158/2003 , StVM 4/2004, EV 20/2004

24 JUNE 2004/609:

This Act shall enter into force on 1 August 2004.

THEY 61/2004 , StVM 8/2004, EV 67/2004

21 DECEMBER 2004/1244:

This Act shall enter into force on 1 January 2005.

THEY 253/2004 , No 16/2004, EV 243/2004

8.12.2006/1092:

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

22.12.2006/1254:

This Act shall enter into force on 1 January 2007.

When calculating working time before the entry into force of this Act, the provisions in force at the time of entry into force of this Act shall apply.

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

THEY 195/2006 , StVM 51/2006, EV 239/2006

7.12.2007 TO 1127:

This Act shall enter into force on 1 January 2008.

This law shall apply to liner contracts concluded after the entry into force of this Act.

Before the entry into force of this Act, measures may be taken to implement the law.

THEY 77/2007 , No 5/2007, EV 77/2007

19.12.2008/1054:

This Act shall enter into force on 1 January 2009.

At the time of entry into force of this Act, the pending proceedings shall be settled by the Office for Employment and Economic Affairs.

Before the entry into force of this Act, measures may be taken to implement the law.

THEY 165/2008 , TyVM 11/2008, EV 156/2008

27.11.2009/961:

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 130/2009 , TyVM 8/2009, EV 168/2009

22.12.2009/1191:

This Act shall enter into force on 1 January 2010.

For a feeder who has entered into a rotation agreement before the entry into force of this Act and in which the unemployed person is entitled to an increase in accordance with Article 1 (2) of Chapter 6 of the unemployment insurance law or an increased earnings component pursuant to Article 2 (2), On the basis of Section 3 (a) of Chapter 6 of the unemployment insurance law, the amount of the full rotation allowance shall be calculated on the increase in the amount of the unemployment benefit, or the increase in the unemployment benefit.

Before the entry into force of this Act, measures may be taken to implement the law.

THEY 179/2009 , StVM 50/2009, EV 225/2009

17.6.2011/761:

This Act shall enter into force on 1 August 2011.

THEY 174/2010 TyVM 15/2010, EV 303/2010

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

28.12.2012/1002

This Act shall enter into force on 1 January 2013.

If the contract of rotation has been concluded before the entry into force of this Act, the provisions in force at the time of entry into force of the Act shall apply.

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

20.12.2013/1054:

This Act shall enter into force on 1 January 2014.

THEY 90/2013 , THEY 176/2013 , StVM 24/2013, TyVL 14/2013, OJ 25/2013, EV 172/2013

8.8.2014/659:

This Act shall enter into force on 1 September 2014. The provisions of Article 5a of the Act do not apply to those born before 1957.

If the liner has initiated a rotation-free period or a period prior to the entry into force of this Act, but the free of rotation has not been fully maintained at the time of entry into force of this Act, the free rotation shall apply from the entry into force of this Act Provisions.

If a mountain fighter has concluded a rotation agreement before the entry into force of this Act and opens a rotation-free period not later than 31 December 2014, the provisions in force at the time of entry into force of this Act shall apply.

THEY 36/2014 , TyVM 2/2014, EV 46/2014

7.11.2011:

This Act shall enter into force on 1 January 2015.

THEY 160/2014 , TyVM 5/2014, EV 110/2014

24.4.2015/481:

This Act shall enter into force on 1 January 2016.

THEY 277/2014 , StVM 49/2014, TyVL 18/2014, EV 315/2014