Vuorotteluvapaalaki

Original Language Title: Vuorotteluvapaalaki

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In accordance with the decision of Parliament provides for the purpose of article 1 of the Law this law: the aim is to contribute to the work of the short-term work to the employee's working capabilities and improve at the same time, unemployed as a person seeking work with the temporary work experience of the person työllistymisedellytyksiä.

the scope of application of article 2 of this law shall apply to the whole of the time agency worker and to the employee, with the area of more than 75% of the applicable working time is of a comparable full-time employee working hours. This law shall also apply to a person who is comparable to the conditions of employment of civil servants in relation to, or in relation to the State, municipalities or other constraints imposed by the community.
The employer, for the purposes of this law, within the meaning of subparagraph (1) of the community also.
However, this law does not apply in the case of a person, which is considered as the unemployment Security Act (1290/2002) in Chapter 1, section 6, for the purposes of being an entrepreneur, and the impact of working with your company does not have the right to unemployment benefit.

section 3 (7 December 2007/11) the definitions in this law the following definitions shall apply: 1) the job alternation leave arrangement, in which the employee, in accordance with the agreement concluded with the employer shall be exempted from the conditions of employment of the rotation period for carrying out the duties of the relationship and at the same time, the employer undertakes to employ the equivalent for the employment and economic development Office of the unemployment insurance Act, Chapter 2, section 1 of the act as a person seeking work with the unemployed, referred to; (8.8.2014/659) 2) vuorottelijalla means any person who remains in vuorotteluvapaalle;
3) give the person who is hired to ring for work;
4) ring jaksottamisella ring agreed on holding more than one section;
5 the proposed extension of the ring ring) immediately after the end of the agreed free; and 6) temporary work temporary system of in-ring return in the course of its work on the relationship of the conditions of employment of the employer's vuorottelija, which is the job alternation leave.

4 section (22 December 2006/1254) a precondition for the free Rotation of the rotation of free employment history is subject to the condition that the person has acquired the työssäoloaikaa before the start of the ring for at least 16 years. If the person has previously received relief compensation, työssäoloaikaa must be at least five years from the end of the last ring. Period is calculated on the employee pensions Act (395/2006) to the occupational pension referred to in article 3 of the law on the basis of the merits of the subject. (8.8.2014/659)
The number of Työssäolokuukausien shall be calculated as specified in section 11 of Chapter 6 of the unemployment insurance Act provides.
The calculation of the työssäoloaikaa referred to in subparagraph (1) above, the work of the rinnastettavana in addition, given the kind of full during the calendar month for which the person is paid: 1) health insurance (12/2004) for maternity, paternity or parental allowance divided into special maternity, or erityishoitorahaa; and 2) that a person has been in on the Act or condition of the agreement, based on the work or on maternity leave or the military or the civil service,.
Työssäoloajasta up to a quarter of the work referred to in the third paragraph of the "deemed to be the time.

4. (a) section (8.8.2014/659) Ulkomaantyön consideration of the above in section 4 of the työssäoloaikaan is also calculated as referred to in such a period of time that a työssäoloaikaan be treated as or a person has been insured for a Member State of the European Union, in the State of the European economic area or Switzerland, if the person present the work or work-something that the time sufficient and reliable information.

section 5 (17 June 2011/761) Työssäoloedellytys vuorottelijan of free Rotation is subject to the condition that the periods of employment referred to in article 2 of the conditions of employment of the same employer, and the relationship has been the start of the rotation without interruption, immediately prior to the free for at least 13 months, which may include a maximum of 30 calendar days of unpaid absence. Absence due to illness or accident shall be treated for the purposes of this provision, it considered that her absence.
Työssäoloaikaa referred to in subparagraph (1) above, the calculation shall be counted in favor of the time, the vuorottelija has been in the employment contracts Act (55/2001) in Chapter 1, section 10 of the labour contract law in or (756/11), Chapter 1, section 10 of the liikkeenluovuttajan, or referred to in the motion which is the subject of the arrangement in the donation to compare again in the service of the Community body governed by public law.

(5) (a) section (8.8.2014/659) Vuorotteluvapaata Vuorottelijan the upper age limit may not start after the end of the calendar month during which the vuorottelija meets the age, which corresponds to the employee's pension or old-age pension in accordance with the laws of a higher minimum age minus the start of a period of three years.

section 6 (8.8.2014/659), the duration of the rotation ring to free at least 100 calendar days without interruption, and a total of more than 360 calendar days.

section 7 (8.8.2014/659) and the free rotation of the sequencing of the extension of the ring ring to be staggered starting rotation agreement must be agreed upon before the free. The minimum length of each period is a Vuorotteluvapaata jaksotettaessa 100 calendar days.
Extension of the ring is fit for two months prior to the expiry of the agreed rotation free.
Vuorotteluvapaajakson time can be transferred to the new date before the start of the period agreed by the.
However, it should be borne in full rotation free is within two years of its onset and duration must not exceed the maximum duration of the combined ring.

section 8 (8.8.2014/659) with the rotation agreement, the employer must make a written agreement in which the rotation of vuorottelijan the employer agrees to hire a replacement. The relief of agreement shall be communicated to the employment and economic development office before the start of the ring. In addition, the contract of employment or other reliable evidence that the Deputy has been hired to ring for, shall be submitted to the Office for employment and the economy, before the start of the rotation of the free, or immediately after the start of the ring. The necessary information shall be responsible for the employment and economic development office, jaksotettaessa, or vuorotteluvapaata, paragraph 7, of the extension of the meaning of paragraph 1 and 2.

section 9 (8.8.2014/659) Deputy as a substitute is to employ the kind of employment and economic development Office for the unemployed, seeking employment, which has been out of work as a person seeking work without interruption or parts of at least 90 calendar days to the start of the rotation during the 14 months prior to the date of the free. As Deputy to be employed must be out of work as a person seeking work with the immediately prior to the start of the ring.
Notwithstanding the provisions of paragraph 1, less than a 30-year-old recruited to work in the Office of the employment and the unemployed, as a person seeking work with the carrying out of professional degree, which is not older than one year, or to the unemployed job seeker, at the beginning of each ring is under 25 years of age or over 55 years old.
As Deputy to the person, which is considered to be on unemployment for the purposes of Chapter 2, section 10 of a full-time student.
Replacement vuorottelijan regular working time must be at least the length of the working time. If the employer is a part time employee is unemployed the whole time as a person seeking work with the employment and economic development office and was hired as a result of the birth of the free rotation of the work, to be free from the relief work of the remaining free by taking this free employment and economic development Office of the registered unemployed job seeker of the employment contracts Act, Chapter 2, section 5. In this case, increase the working time of the employees of the joint must be at least vuorottelijan normal working hours in length.

section 10 (7 December 2007/1127), the ending of the work of the ring the return of the premature ring and the end of temporary contract early or return for the temporary work is to be agreed between employer and vuorottelijan. The relief of the free passes a temporary return to work and will continue after the rotation in accordance with the agreement, unless it is extended under section 7 within the meaning of paragraph 2.
The free rotation shall be considered as terminated, if the vuorottelijalle gives rise to a right to health insurance in accordance with the laws of the maternity, paternity or parental allowance divided into special maternity, or granted free, which takes place during the time of the rotation of the free, because of pregnancy and childbirth, or child care, or he starts to get erityishoitorahaa. However, if the right or granted free will take up to 18 working days, shall be deemed to be, during the suspension of the rotation free.

section 11 (8.8.2014/659), the conditions of employment of the effects of the end of the Replacement If the alternate terminates before the end of the rotation, the free end of the conditions of employment shall not be considered to be contrary to the rotation agreement, if: 1) to the employer without delay and at the latest within two months of the end of the replacement of the conditions of employment referred to in article 9, in place of a salary replacement; or 2) of the employment and economic development office is unable to prove, within the people of an earlier one.

Article 12 of the Vuorottelijan the right to return to their previous job Vuorottelijalla the right to the end of the ring to return to the priority of the earlier work. If this is not possible, an equivalent of the contract of employment, or to provide a more vuorottelijalle work in line with the work and the conditions of employment, if that is not possible, the work of the other in accordance with the Treaty.

section 13 (8.8.2014/659), the right to compensation for the period of the rotation ring vuorottelijalla is entitled to the relief of expenses.
The relief it grants no compensation will be payable for the period of the rotation in the free vuorotteluvapaasopimuksen, for which there is no hired a replacement.

The right to appropriate compensation in accordance with the agreement, the rotation will continue, however, if the ring for an employed a replacement before the end of the rotation of the free ends of the conditions of employment.
If the employment relationship is terminated independent of the vuorottelijan vuorottelijasta before the rotation has taken 100 calendar days in the case of the free, vuorottelijalla has the right to appropriate compensation for employment until the end of the rotation.

section 14 of the Compensation Law limits the relief allowance are not entitled to at the time, the date on which the vuorottelija: 1) must article 2 of the employer referred to in the annual salary or wages or other compensation or consideration to which the vuorottelija will get the equivalent of free time;
2) to perform military or civil service, women's voluntary military service or;
3) will carry out a custodial sentence.
4) is more than two weeks in a tough working full time, as referred to in article 2 of the employer;
5) carries the meaning of the unemployment insurance act on a full-time basis; or 6) not on unemployment, Chapter 3, section 3, or section 4, subsection 2, from 1 to 3, 5 or the benefit referred to in paragraph 6.
The period referred to in paragraph 1 of the above remuneration shall not be considered the employer's legal training, in the absence of such a benefit is not included in the employee's taxable income, and the fringe benefits, which, according to the agreement, will continue during the rotation ring.

the amount of the relief payment, section 15, of the compensation for the full amount of Rotation is 70% of the unemployment benefit to which the person would be out of the money, while the right to unemployment benefits of Chapter 5, section 2 to 5 and article 1 of Chapter 6, section 2, subsection 1 and 4 on the basis of the article. The relief of the compensation is 80%, if the vuorottelijalla is at least 25 years referred to in article 4 of your work history prior to the start of the ring. The definition does not work-linked compensation, Chapter 6, section 6 of the unemployment insurance law: an increase in the meaning of the child are not taken into account. (22 December 2009/1191)
Referred to in subparagraph (1) above, the unemployment benefit in prescribing vuorottelijan ring during the statutory benefit, the pay and the rest of the työtuloon, shall apply to the unemployment allowance in Chapter 4, section 1 of the unemployment insurance Act – 5 and 7 and 8. The amount of compensation shall not, however, affect the rotation prior to the payable during the vuorotteluvapaata earned and other allowances or offsets, which the vuorottelija must not be similar to free-time, and the fringe benefits, which are not included in income, and that the relief according to the agreement, will continue during rotation. When calculating the amount of the salary or other compensation for the relief of työtulosta are not deducted from the unemployment Security Act, Chapter 4, section 5 (1) and (2) the protection referred to in the section. (20.12.2013/1054)
Notwithstanding the provisions of section 4 of Chapter 6 of the unemployment insurance act and under it provides the basis for the salary income equal to the daily subsistence allowance, taking into account the established wage income to be held vuorottelijan for at least 52 weeks prior to the earnings obtained by the vuorotteluvapaata täysiltä payroll periods. Income does not include them in the fringe benefits, which, according to the agreement, will continue during the rotation ring. (7 December 2007/11) section 16 of the application for compensation for the rotation of rotation compensation must be applied for the social insurance institution or the unemployment rate.

section 17 (8.8.2014/659) labor policy statement on employment and economic development office to provide the social insurance system and unemployment compensation for a binding opinion of the Treasury of the rotation in section 5 to 9 and section 14, subsection 1 of the conditions referred to in paragraph 5, and section 19 of the conditions referred to in subsection (1) of the recovery.
The opinion of Työvoimapoliittiseen, shall apply to the unemployment insurance act and under it, unless otherwise specified in this law.

section 18 (8.8.2014/659) obligation of the employer shall, without delay, notify the Office of employment and the economy, as well as a replacement ring for employing this material changes to the conditions of employment.

the recovery of compensation under section 19 of the Rotation If the rotation arrangement on the basis of the circumstances of each case, it is obvious that the purpose of the implementation of this law has not been in accordance with the työvuorottelun, is the relief of compensation be recovered unless recovery is not deemed to be manifestly unreasonable.
If the relief of compensation have been paid otherwise unduly or in the amount of compensation is too high, too many to be recovered. The recovery may be waived in whole or in part, if this is deemed to be reasonable and the payment of compensation for unjustified not caused by the vuorottelijan or as a result of serious negligence, or where the amount unduly paid is low. In addition, the recovery may be dispensed with entirely, since the adoption of the decision on the recovery when the recovery does not in any way taking into account the economic situation of the compensation is no longer appropriate to continue with the extension of the recovery would be, or when the recovery of the amount of compensation in relation to the prohibitive costs. (7 May 2004/363)
Back to the collection of the remuneration shall apply mutatis mutandis, what unemployment, Chapter 11, section 10 (3) and (4) provides for a real recovery.
If the vuorottelija has received compensation for the same period of rotation, which is granted retrospectively, Chapter 11, section 14 of the unemployment insurance Act: a benefit referred to in subsection (1), the social insurance institution of Finland or the unemployment fund shall charge the amount unduly paid out shall be retroactive in that period for the receipt of a benefit back to the. In addition, to the extent applicable to the recovery of force, what chapter 11, section 14 of the unemployment insurance Act provides. (24.4.2015/481)
L:lla 481/2015 modified 4 Article shall enter into force on the 1.1.2016. The previous wording: If the vuorottelija has received compensation for the same period of rotation, which is granted retrospectively in accordance with the law on health insurance, personal accident insurance (608/1948) daily allowance or accident pension or unemployment law, Chapter 11, section 14 of the benefit referred to in subsection (1), the social insurance institution of Finland or the unemployment fund shall charge the amount unduly paid out shall be retroactive in that period for the receipt of a benefit back to the. In addition, to the extent applicable to the recovery of force, what chapter 11, section 14 of the unemployment insurance Act provides.

section 20 of the appeal the relief on the decision of an unemployment fund of the social insurance institution of Finland or dissatisfied with not to appeal to the appeal board by a written appeal to the unemployment security within 30 days from the date on which the appellant had knowledge of the judgment. (8 December 2006/1092)
Unemployment appeal decision displeased makes an appeal of the ruling to appeal insurance written within 30 days from the date on which the appellant had knowledge of the judgment. (8 December 2006/1092)
Unless the appellant change the show, he is considered to have been informed of the decision referred to in paragraph 1 and 2, on the seventh day after the decision was posted on his announced address.
The opinion referred to in article 17, may not be appealed.
Section 4 of Chapter 1 of the laws of the unemployment security of unemployment insurance as referred to in sub-section 3 of the Ombudsman is entitled to appealing to pick up on the change in the allocation of costs in accordance with paragraph 2 of the Insurance Court within 30 days after the decision of the labour authority has received the information. (24 June 2004/609) of section 21 of the unemployment and the unemployment fund of law in applying for compensation or refusal of the application of the relief of late as a result of the application, the payment of the temporary suspension of the payment order to the way of reducing the number of days in a week, or a benefit, the decision on the compensation for the abolition of the rotation, the decision and the obligation of information obsolescence, uses cookies auto-correction, the adoption of takaisinperintäsaatavan, the right of access to information and the right of access to information, the receipt of the information, the bailiff and the distribution of costs, as well as the disposition of, the unemployment Appeals Board is valid, what unemployment Act and the unemployment fund of law (603/1984), unless otherwise provided for in this Act. (8 December 2006/1092)
Unemployment allowance in accordance with the basic allowance amounts to an executive order issued on the basis of the rotation is in effect what the law provides for the seizure of unemployment security of basic unemployment allowance.

Article 22 of the Financial compensation for unemployment Relief funds and the cost is financed by the social insurance institution of Finland in accordance with the Act on the financing of unemployment benefits (555/1998) and the unemployment chapter 14 of article 3 of the unemployment allowance.

section 23 (7.11.2014/920) the body or bodies responsible for the implementation of the rotation of free leads, directs, and develops the top authority in matters relating to work-linked compensation, the Ministry of Social Affairs and health and the labour market as regards the Ministry of employment and the economy. The social insurance institution of Finland and with regard to the control of the unemployment funds is valid, what unemployment Act and the unemployment fund of law.

Article 24 Monitoring The law enforcement, in cooperation with the labor and occupational safety and health authorities.

section 25 (27 November 2009/961) date of entry into force of this law shall enter into force on 1 January 2003.

Article 26 transitional provisions If the rotation agreement has been concluded before the entry into force of this law, shall apply to the vuorotteluvapaakokeilusta Act (1663/1995).

In accordance with article 4 of this law, work history and condition 5 referred to in article työssäoloedellytystä shall be calculated by taking into account also the length of time before the entry into force of this law. This law is in section 4 of the five-year history of working conditions referred to in the vuorotteluvapaata again in a shall also apply to the relief of the free, which end this law.
If a reference is made to the law or the provisions adopted pursuant to the law on vuorotteluvapaakokeilusta, the reference shall be deemed to refer to this law, unless otherwise specified in this law.
THEY 226/2002, TyVM 9/2002/2002 acts, EV entry into force and application in time: 7 May 2004/363: this law shall enter into force on 1 June 2004. The first subparagraph of article 19, the third sentence shall apply only with effect from 1 September 2004.
THEY 158/2003, Shub 4/2004, EV 20/2004 of 24 June 2004/609: this law shall enter into force on 1 August 2004.
THEY'RE 61/2004, Shub 8/2004, EV 67/2004 21.12.2004/1244: this law shall enter into force on 1 January 2005.
THEY 253/2004, TyVM 16/2004, EV 243/2004 8 December 2006/1092: this law shall enter into force on 1 January 2007.
Before the entry into force of this law may be to take the measures needed to implement the law.
THEY 182/2006, Shub 33/2006/167/2006 of 22 December 2006, EV 1254: this law shall enter into force on 1 January 2007.
The calculation of the työssäoloaikaa from the period prior to the entry into force of this law shall apply to the provisions in force at the date of entry into force of this law.
Before the entry into force of the law can be used to take the measures needed to implement the law.
THEY are 195/2006, Shub 51/2006, EV 239/2006 7 December 2007/11: this law shall enter into force on 1 January 2008.
This law shall apply to the relief of the agreements which have been concluded after the entry into force of this law.
Before the entry into force of this law may be to take the measures needed to implement the law.
THEY'RE 77/2007, 5/2007, TyVM EV 77/2007 of 19 December 2008/1054: this law shall enter into force on 1 January 2009.
At the time of entry into force of this law, the competence of the labour force belonged to the Commission on the pending issues will solve employment and economic development offices.
Before the entry into force of this law may be to take the measures needed to implement the law.
THEY'RE 165/2008 2008-11, TyVM, EV 27 November 2009/156/2008 961: this law shall enter into force on 1 January 2010.
Before the entry into force of this law may be to take the measures needed to implement the law.
THEY'RE 130/2009, TyVM 8/2009/168/2009 of 22 December 2009, EV 1191: this law shall enter into force on 1 January 2010.
Vuorottelijalle, who has done a rotation agreement prior to the entry into force of this law and in which the unemployed while they have the right to unemployment benefit law, Chapter 6, section 1, subsection 2, part of the increase, or pursuant to subsection 2, the merit under the portion of the increased rate of unemployment, Chapter 6, section 3 (a), shall be calculated on the basis of the full amount of the increase in compensation for part of the rotation, or the increased income of the amount of the unemployment benefit plus the money.
Before the entry into force of this law may be to take the measures needed to implement the law.
THEY 179/2009, Shub 50/2009, EV 225/2009 17 June 2011/761: this law shall enter into force on 1 August 2011.
THEY'RE 174/2010 15/2010, EV, TyVM 303/2010 28.12.2012/925: this law shall enter into force on 1 January 2013.
THEY TaVL 41/133/2012, 2012, 2012, TyVM PeVL 32/7/2012, EV 163/2012 28.12.2012/1002: this law shall enter into force on 1 January 2013.
If the contract vuorotteluvapaasta before the entry into force of this law shall be applied upon the entry into force of the law, subsistence expenses.
Before the entry into force of the law can be taken in the implementation of the law.
THEY TyVL 20/134/2012, 2012, PeVL 35/25/2012, 2012, Shub EV 154/2012 20.12.2013/1054: this law shall enter into force on 1 January 2014.
THEY'RE 90/2013, THEY'RE 176/2013, Shub 24/13, TyVL 14/13, 25/13, PeVL EV 172 8.8.2014/659/2013: this law shall enter into force on 1 September 2014. What the law provides in article 5 (a), shall not apply until the year 1957, which have arisen.
If the vuorottelija is started before the period to the free rotation, or the entry into force of this law, but vuorotteluvapaata has not been seen in full at the time of entry into force of this law, shall be subject to the rotation at the time of entry into force of the laws of the free.
If the vuorottelija is done the rotation agreement prior to the entry into force of this law and start a ring, not later than 31 December 2014, the relief at the time of entry into force of this law shall apply to the release for free.
THEY'RE 36/2014, TyVM 2/2014, EV 46/2014 7.11.2014/920: this law shall enter into force on 1 January 2015.
THEY'RE 160/2014, TyVM 5/2014, EV 24.4.2015 110/2014/481: this law shall enter into force on the 1 January 2016.
THEY 277/2014 2014, TyVL, Shub 49/18/2014, EV 315/2014

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