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Legal Personnel In The Required Language Proficiency

Original Language Title: Laki julkisyhteisöjen henkilöstöltä vaadittavasta kielitaidosta

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Law on language skills required by government staff

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In accordance with the decision of the Parliament:

Chapter 1

General provisions

ARTICLE 1
Scope of law

This law provides for the administration of public authorities, municipal authorities and independent bodies governed by public law, as well as the office of the office of the President of the Republic ( Authority ) The language skills required by the staff employed and the demonstration of language proficiency.

The provisions of Articles 2 to 4 and 8 apply to universities, colleges and other educational establishments. Otherwise, the language requirements for their staff shall be laid down separately.

The language skills required by the Evangelical Lutheran Church staff are laid down in the Church Law (1054/1993) .

ARTICLE 2
Carrying out the language skills of staff

The authority shall, by organising training and other personnel policy measures, ensure that its staff has sufficient linguistic knowledge to carry out the tasks of the authority. (2003) And the requirements laid down in other legislation.

Chapter 2

Eligibility criteria for language skills and knowledge of language skills for recruitment

ARTICLE 3
Confirmations of language skills in recruitment

When filling the current and other service obligations, it is necessary to ensure that the service is required to be engaged in the required language skills.

§ 4
Notification of language skills requirements

The notification of a post or other service of employment or of an open service shall mention the eligibility criteria for linguistic proficiency, the requirement for employment, or for the benefit of the service to be read, Knowledge of languages.

§ 5
Setting of eligibility criteria for language skills

Competency requirements may be imposed on the staff of the State authorities only by law or by a law of the Ministry of State or of the Ministry of Justice. The competence requirements for language skills in Finland and in sweden shall always be laid down if the tasks of the staff include the exercise of public authority which is important for the rights and obligations of the individual.

If the law or the law does not provide for the qualification requirements of the staff of the municipal authorities, they may be subject to the law of the municipality of (165/1995) In accordance with the order.

Where the law or law does not provide for the qualification requirements for the linguistic competence of the staff of independent bodies governed by public law, they may be established by the institutions.

KuntaL 365/1995 Has been repealed by the municipality of KuntaL 42/2015 .

ARTICLE 6
Eligibility criteria for Finnish and Swedish skills

The staff of the State, which is required to obtain a qualification as a qualification requirement, is required, in a bilingual authority, to have an excellent oral, written and other language of the language of the majority of the population of the Authority's official territory. Satisfactory oral and literary skill. One language authority requires an excellent oral and written knowledge of the language of the Authority and a satisfactory understanding of another language.

Eligibility requirements for the office of judges are laid down in the law on the appointment of judges (2011) . The qualifications requirements for the Finnish and Swedish languages required for the post of officer are regulated by the Government Decree.

A decree of the Council of State may provide for derogations from the eligibility criteria for Finnish and Swedish as provided for in paragraph 1, where the work tasks so require, or where the division of the languages required for the use of different languages is required. In the Authority, there are other particularly weighty reasons for deviating from the requirements.

Eligibility requirements for Finnish and Swedish staff, other than those referred to in paragraph 1, shall be laid down in a Council Regulation. The decree of the Council of State may also authorise the adoption by the relevant Ministerial Decree of the competence requirements for Finnish and Swedish language skills in cases where staff are not in addition to the language requirements Other eligibility criteria.

Eligibility requirements for Finnish and Swedish staff are laid down separately for the Finnish and Swedish staff.

§ 7
Eligibility criteria for other languages of the State

Staff of the State authorities may be subject to the qualification requirements for other languages in accordance with the provisions of the Ministerial Decree, subject to the law of the Council of Ministers.

§ 8
Language skills at the end of the search period

Any applicant who has demonstrated the required language skills after the end of the search period shall also be taken into account when filling the office or any other service, if this does not delay the proceedings.

§ 9
Discrete

The State Council may, for a specific reason, grant an exemption from the requirement for linguistic competence provided for by law or by a ministerial decree, unless otherwise provided for by law or by law.

Chapter 3

Degrees in Finnish and Swedish

ARTICLE 10
State administrative language degrees

For the purposes of demonstrating Finnish and Swedish is the language of the state administration for both languages. Examinations show excellent, good or satisfactory skills in Finnish or Swedish.

The decree of the Council of State lays down more detailed rules on qualifications and the provision of qualifications.

The Board of Education shall lay down provisions on the basis of the qualifications and strengthen the opinion of the examinations boards referred to in Article 11 of the formula.

ARTICLE 11
Administration and implementation of language examinations in central government

The Board of Education is responsible for the maintenance and development of the State administration and the monitoring of the implementation of the law.

For the purposes of the implementation of language investigations, in the context of the Board of Education, the Finnish language examiner and the Swedish Institute of Investigation ( Linguistic experts, ). In addition, the Board of Education determines the number of examiners who are familiar with the assessment of language skills.

The members of the ncic and the examiners of the examinations are the responsibility of the authorities. Their aesthetic shall be subject to the administrative law (2003) Articles 27 to 29 provide.

The decree of the Council of State lays down more precise rules on the composition, setting and tasks of the language examination boards, the setting up and the tasks, the handling of cases in the Boards of Appeal, the appointment of the examiners and the examination of qualifications And monitoring of the implementation of the language examinations.

Where appropriate, the Board of Education shall give guidance to the examiners on the implementation of the language examinations following the opinion of the Scientific Committees.

ARTICLE 12
Payments

The fee for participation in a linguistic study organised by the Profile Board and the decisions of the Board of Appeal and the examination by the examiner of the degree of participation of the examiner shall be subject to the payment of a fee in the form of a public law (150/1992) In accordance with The amount of the fee is specified by a decree of the Ministry of Education.

ARTICLE 13
Designation of language skills in general language examinations or in the course of studies

The decree of the Council of State lays down the manner in which the Finnish or Swedish language skills can be demonstrated by the law on general language examinations rather than in the form of a language diploma. (668/1994) Or in the course of studies or studies carried out in the course of studies.

L for general language investigations 668/1994 Has been repealed by L for general language investigations 964/2004 .

ARTICLE 14
Certificate of equivalent language skills

The Language Qualification Board may not carry out the examination of the language of the State administration without executing the application:

(1) issue a certificate of excellence in the Finnish or Swedish languages to a person who, according to an admissible report, has demonstrated the required language skills; and

(2) decide to equate language studies abroad with the language examinations of the state administration.

§ 15 (7.8.2011)
Legal protection of the examiner

The examiner shall be informed of the application of the criteria to his examination.

The decision of the examiner shall not be appealed against.

However, within a period of seven days following receipt of the decision, dissatisfaction may be made by the examiner to carry out the examination of the performance of the examinations. In this case, the renewal fee shall be free of charge.

Appeal against the decision of the Profile Board to appeal to the administrative court, as in the case of administrative law (18/06/1996) Provides. An appeal to the decision of the administrative court shall be lodged only if the Supreme Administrative Court grants an appeal.

L to 904/2015 Article 15 shall enter into force on 1 January 2016. The previous wording reads:

§ 15
Legal protection of the examiner

The examiner shall be informed of the application of the criteria to his examination.

The decision of the examiner shall not be appealed against.

However, within a period of seven days following receipt of the decision, dissatisfaction may be made by the examiner to carry out the examination of the performance of the examinations. In this case, the renewal fee shall be free of charge.

The decision of the Profile Board is to be appealed against in the same way as the law on administrative law (18/06/1996) Provides.

Chapter 4

Entry and transitional provisions

ARTICLE 16
Entry into force

This Act shall enter into force on 1 January 2004.

This law repeals the Law of 1 June 1922 of 1 June 1922 on the language skills required by civil servants (149/1922) With its subsequent modifications.

Before the entry into force of this Act, measures may be taken to implement the law. When, pursuant to Article 10 (3) or Article 11 (5), such measures require the consultation of the committees referred to in Article 11, the Board of Education shall consult the relevant panels before the entry into force of this law.

§ 17
Transitional provisions

Pending the entry into force of this Act, examinations carried out under this Act shall be governed by a decree of the Council of State.

Otherwise, complete control, complete management or full knowledge of the language provided for in the law or regulation of Finnish or Swedish is equivalent to the excellent oral and written knowledge of the language in question.

Otherwise, any reference in law or regulation to the law on language skills required by civil servants means a reference to this law after the entry into force of this law.

THEY 92/2002 , No 269/2002,

Entry into force and application of amending acts:

7.8.2015/904:

This Act shall enter into force on 1 January 2016.

In the case of appeals before the entry into force of this Act, the provisions in force at the time of entry into force of this Act shall apply.

THEY 230/2014 , LaVM 26/2014, EV 319/2014