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The Law On The Compensation Of The External Service

Original Language Title: Laki ulkomaanedustuksen korvauksista

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Law on external service compensation

See the copyright notice Conditions of use .

In accordance with the decision of the Parliament:

Chapter 1

General provisions

ARTICLE 1
Scope

This law provides for compensation payments to cover specific expenditure arising from work carried out abroad by an official appointed for external representation abroad and from local circumstances.

ARTICLE 2 (3.9.2010/786)
Definitions

For the purposes of this law:

(1) The official An official of the diplomatic service whose office is represented;

(2) Spouse, The spouse or unmarried partner of a civil servant who has been proven to have been living together for at least two years or has had or has had a child; (16/04/2013)

(3) Child :

(a) a civil servant, aged less than 20, of whom the official is or was before the age of 18 and who is not entitled to maintenance on his own work;

(b) a spouse under the age of 20 who is or was a spouse of a spouse before the age of 18 and who is not entitled to maintenance on his own work;

(c) a child who has been completed for 20 years, who is an official or a spouse who is an official or a spouse and who, owing to illness, defect or disability, is unable to support himself on his own work; (16/04/2013)

(4) Family members The spouse or child;

(5) With the following family members A spouse or a child who resides in the place of employment in the same household with the official; however, it is not considered to be a residence of less than six months;

(6) The home assistant The person employed in the household, who is in contractual relations with the official and who immediately before the service of employment was resident in Finland; (28.11.2015)

(7) At the station The location of the delegation; and

(8) Station country The State of the delegation.

ARTICLE 3
Decision-making

The granting of any compensation provided for in this Act shall be decided by the Ministry of Foreign Affairs, unless the decision of the Ministry of Foreign Affairs is conferred on the delegation.

Chapter 2

Compensation

§ 4 (3.9.2010/786)
Local increase

The official shall be entitled to compensation for the specific expenditure arising from the work carried out at the place of employment and local circumstances ( Local increase ). The size of the local mark-up is determined by the fact that the basic value of the local mark-up determined on the basis of the official's position or function and the degree of familiarity of the official is multiplied by the premium factor based on the price level of the place of employment And the currency factor. The local increase shall be paid during the term of office of the official, subject to Articles 16 to 18 or 20.

The official shall be entitled to receive a mark-up on the basis of his next spouse ( -half-blind ). The partial increase may be reduced or waived on the basis of the earnings of the spouse, as provided for by the Ministry of Foreign Affairs.

In addition, the official is entitled to an increase in the local increase on the basis of the following child ( Child increase ).

A decree of the Ministry of Foreign Affairs is provided for by the Ministry of Foreign Affairs by means of a decree of the Ministry of Foreign Affairs. The currency factor shall be determined by the accounts established by the Ministry of Foreign Affairs.

§ 5 (16/04/2013)

Paragraph 5 has been repealed by L 16.5.2014/382 .

ARTICLE 6 (3.9.2010/786)
Consignment compensation

The official shall be entitled to compensation for the purchase of essential supplies resulting from the transfer ( Ship-fitting compensation ), if the official moves to the place of secondment, his term of office at the place of secondment shall take at least eleven months and at least three years after the previous transfer.

The amount of the compensation allowance shall be determined by the seniority of the official's office or office, the length of his term of office and the degree of familiarity between the official and the duration of the previous transfer.

More detailed provisions on the amount and amount of the reparation allowance shall be laid down by the Ministry of Foreign Affairs' regulation.

§ 7 (3.9.2010/786)
Migration compensation

In the event of the beginning and the end of the term of office, the official shall be entitled to compensation for the change in the place of employment and the place of residence of the official accompanying the posting and of the accompanying family members Costs ( Removal allowance ). The contribution of the official and of the accompanying family member to the removal allowance may be granted separately on application. If, at the end of the term of office, a civil servant remains vacant and still resided at the place of employment, the removal allowance may be granted at the end of the period of leave. (16/04/2013)

The compensation shall be based on the estimated cost of personal luggage and the packing, transport, landing, intermediate storage and insurance costs of the goods transported. The amount of compensation shall be determined on the basis of the migration route, the imputed removal cubes and the possible separate items. Calculated migration cubes shall be determined on the basis of the official's position or the duties of the official and on the basis of the following family members. In addition, the number of moving cubes can have an impact on the length of the term of office and the possibility of furniture. More detailed provisions on imputed migration and the amount of removal allowance are laid down by a decree of the Ministry of Foreign Affairs.

If the place of secondment is changed from Helsinki to the place of secondment or from the place of secondment to Helsinki or another place of employment, the removal allowance shall be paid in accordance with the corresponding migratory route, however: The change in the rate of migration between Helsinki and the place of secondment.

§ 8
Housing allowance

A civil servant appointed for the purpose of the external representation shall be entitled to compensation for the reasonable costs of housing on the place of employment (housing allowance). In considering the reasonableness of accommodation costs, account shall be taken of the circumstances of the place of employment, the official position of the official or the requirements of the mission, as well as the family level of the official. The eligible costs on the basis of the housing allowance are laid down by a decree of the Ministry of Foreign Affairs.

§ 9
Training allowance

The official shall be entitled to reimbursement of the reasonable costs arising from the basic education of the following child, of the basic education and training of the child, if the official's term of office takes at least one year ( Training allowance ). The entitlement to the training allowance shall start from the beginning of the academic year in the calendar year during which the child reaches the age of five and ends at the end of the term in which the child reaches the age of 20. (3.9.2010/786)

In considering the reasonableness of the costs to be reimbursed, account shall be taken of the particular circumstances of the place of employment, the level and content of the teaching and the appropriateness of the language and school system of the child's previous school In terms of further training opportunities. The maximum amount of compensation for the costs of acquiring an educational material is regulated by a decree of the Ministry of Foreign Affairs.

The official shall also be entitled to receive the training allowance referred to in paragraph 1 for a child in a third country for the school year. The costs on which the training allowance is based are also included in the cost of boarding school. The maximum amount of the training allowance is laid down by the Ministry of Foreign Affairs.

The official shall be entitled to receive a training allowance in Finland on the basis of a child in school, as provided for in this paragraph, if the official's term of office at the place of employment lasts at least one year. An amount of 85 % of the amount to be paid for the housekeeping service shall be paid in the form of the training allowance for the child resident in the form approved by the Ministry for Foreign Affairs, but not more than the maximum amount laid down by the Ministry of Foreign Affairs. In the case of a child resident in a school dormitory in Finland, the student housing allowance shall be paid to the boarding house, subject to the maximum ceiling laid down by the Ministry of Foreign Affairs.

§ 9a (3.9.2010/786)
Day care allowance

The official shall be entitled to reimbursement of the reasonable cost of the day care of the following child ( Day care allowance ). The reimbursement shall be made conditional on the provision of care at the facility approved by the Ministry of Foreign Affairs. A regulation of the Ministry of Foreign Affairs may provide for a ceiling and a contribution.

The entitlement to the daily allowance shall start from the beginning of the following calendar month after the child has been completed for three years and ends when the entitlement to the training allowance begins. The date of the start of the compensation may be adjusted by a decree of the Ministry of Foreign Affairs.

§ 9b (16/04/2013)
Health care allowance

The official shall be entitled to reimbursement of the reasonable costs incurred by his/her family members and their dependants in the country of employment ( Health care allowance ). The right to health care allowance is also on mission outside the country of employment, as well as for special reasons abroad.

Healthcare allowance is conditional on the provision of care by a health service provider recognised by the Ministry of Foreign Affairs. The Ministry of Foreign Affairs may, however, reimburse the costs incurred abroad by a non-ex-ante service provider if justified on grounds of health or other specific reasons.

If healthcare can be organised most appropriately in Finland, the healthcare allowance shall be paid only for the costs incurred during the period during which the organisation of treatment abroad has been justified. This will take into account the quality and cost of the disease.

Healthcare allowance is paid for those costs which are not covered by any other law.

However, no healthcare allowance shall be paid to an official if the cost per application is below the minimum amount, which may not exceed EUR 70.

More detailed provisions on the reimbursement of the costs of the health allowance and the minimum amount of compensation referred to in paragraph 5 shall be laid down by a decree of the Ministry of Foreign Affairs.

ARTICLE 10 (16/04/2013)
Travel allowance

In the context of the move referred to in Article 7, the official shall be entitled to reimbursement of the costs of the removal of his or her own family members ( Non-change allowance ). The allowance is paid in accordance with the migration route. If, at the end of the term of office, a civil servant is left out of the service of the diplomatic service and is still resident in the place of employment, the allowance may be granted on the official's application for the termination of the leave. In the event of an alteration to Finland or the place of employment, other than Finland or the place of employment, the allowance shall be paid up to a maximum of the amount paid for the migration between the place of employment and Finland.

The official shall be entitled to reimbursement of the reasonable costs incurred by his or her family members from the place of secondment to Finland ( Shell travel allowance ) At least once for each full year, including the commencement of the term of office.

The official shall be entitled to compensation for the first meeting of the members of the family residing outside the place of employment, from the permanent residence of the family member to the place of employment of the official or to Helsinki, or from the place of employment of the official or spouse. Permanent residence of a member of the family ( Meeting travel allowance ) At least once for each full year, including the commencement of the term of office.

The official shall have the right to receive compensation from his or her own family and the accompanying family member ( Health travel allowance ) where healthcare is organised outside the country of employment in accordance with Article 9b. Compensation shall also be paid for the necessary medical and escort travel costs.

The Head of Delegation shall be entitled to reimbursement of the reasonable cost of the private use of the official car resulting from local conditions, local conditions and the status of the Head of Delegation ( Service-car allowance ).

The official shall be entitled to reimbursement of the reasonable costs incurred in the event of the death of a close relative of the family of the following members of the family ( Funeral travel allowance ). The person who is a member of the family, the senior official and his or her spouse, and the dependent child of the official or his spouse, other than those who are dependent on the family as a member of the family, shall be understood. The right to travel expenses due to the death of an official shall be accompanied by the accompanying family members. The beneficiary of the compensation shall be entitled to compensation for the same death in the event of a maximum of one edward journey.

The official shall also be entitled to reimbursement of a household allowance, a journey form and a health visit. An allowance shall be made conditional on the duration of a period of at least nine months. Travel expenses may be paid during a calendar year up to a maximum of one domestic assistant. Otherwise, domestic travel allowances shall be subject to the provisions of paragraphs 1, 2 and 4.

The decree of the Ministry of Foreign Affairs may provide for more detailed provisions on the number of journeys referred to in paragraphs 1 to 7, on the basis of the costs to be reimbursed and on the level of compensation.

ARTICLE 11
Representative compensation

The official shall be entitled to compensation for the costs of the organisation and other representation of delegations in the field of official duties (representation allowance). The representation allowance shall be determined on the basis of actual costs or unit prices. More detailed provisions on the allocation of representation allowances and unit prices are laid down by the Ministry of Foreign Affairs Regulation.

ARTICLE 12
Expensive allowance

The official shall be entitled to compensation for adverse circumstances affecting the distance, health, safety and comfort of the place of employment (compensation).

The official shall have the right to receive an increase in the amount of the surviving spouse on the basis of the next spouse ('spouse increase ') and the following (child increase in the amount of child allowance).

The places of employment eligible for compensation and the amount of compensation are laid down by a decree of the Ministry of Foreign Affairs. (29 SEPTEMBER 2006/853)

ARTICLE 13
Supplementary allowance

An official shall be entitled to compensation for the property of the official or of his next family member at the place of employment, other than for the damage suffered by the official in question, which could not have been covered by an insurance claim (supplementary insurance),

(1) where the official or his accompanying family member does not receive compensation from the cause of the damage or any other person liable for compensation;

(2) if, on the basis of the special circumstances of the place where the representation is located, an insurance contract or an insurance claim is refused; or

(3) in the event of a disproportionate delay in the treatment of the claims in the insurance company.

The amount of the supplementary allowance shall be determined on the basis of the terms and conditions of the insurance contract between the official or the member of the family following him.

The amount of the supplementary allowance may be reduced or paid in full if the official or the accompanying family member has contributed to the damage to the property.

Where the supplementary allowance is paid to the official, the right to transfer to the official or his/her accompanying family member shall be transferred to the official or to the compensation paid to the official of the Finnish State for the payment of compensation paid to the official The corresponding quantity.

ARTICLE 14 (16/04/2013)
Compensation for the spouses assigned to the same place of employment

When the spouses working in the diplomatic service are assigned to the same place of employment, the local mark-up is reduced and neither of them has the right to a local increase or an increase in the compensatory allowance. The decree of the Ministry of Foreign Affairs provides for the percentage reduction of the local increase.

The increase in the amount of the local mark-up and the child allowance, the training allowance and the accommodation, migration and housing allowances are half-paid for the whole family. If their rights to these allowances are based on different criteria, the compensation will be paid according to the size of the spouse whose compensation is higher.

§ 15 (3.9.2010/786)
Subsidiarity for family members

The official shall have the right to receive compensation in respect of the family member provided for in this Act only in so far as the spouse does not have the right to receive equivalent benefits from the other employer.

ARTICLE 16
Compensation during the official's annual leave, mission and layoff

The official shall have the right to compensation provided for in this Act, including during his annual leave and mission. However, if the mission is not part of the normal operation of the delegation, the Ministry of Foreign Affairs shall decide, in the course of the mission decision, whether or not to pay compensation for the mission and the amount to be paid.

If an official is laid off, he or she shall have the right to a housing allowance and to the training allowance on the same basis as during the service.

§ 17 (3.9.2010/786)
Compensation during the civil servant's freedom of office

During the period of freedom of office, the official shall have the right to compensation for the compensation provided for in this Act and in a corresponding proportion to the contract awarded to the official in the course of the civil service contract. However, the official shall be entitled to full reimbursement of the housing allowance and the training allowance.

The official shall also be entitled to compensation provided for in this Act from the period of unpaid paternity leave during the period of paid maternity leave during the period of paid maternity leave.

The payment of the compensation provided for in this Article shall be subject to the residence of the official at the place of secondment.

ARTICLE 18
Compensation during the evacuation order

The official shall be entitled to the compensation provided for in this Act during the evacuation order as provided for in this Article.

The local increase and the income compensation are determined on the basis of the place of employment to which the official was assigned before the evacuation. If the official is to be evacuated by Finland, the official shall be entitled to a local mark-up for a maximum period of three months from the date of the evacuation order.

The training allowance shall be determined by the evacuation site on the same basis as the place of secondment to which the official was assigned before the evacuation. If Finland has been designated as an evacuation, the official shall be entitled to reimbursement of the child's education in a non-public school if:

(1) the child is in the senior year of high school;

2) there is no place for a child in a public school;

3) the evacuation order is short-lived; and

4) the official's term of office for external representation shall continue.

The cost of a holiday and meeting trip and the cost of the journey as a result of the death penalty shall be determined in such a way that the departure and final destination of the journey is considered to be an evacuation point. If Finland has been ordered to evacuate the official, there is no entitlement to compensation.

§ 19
Costs and daily allowances for evacuation

The official shall be entitled to compensation for the costs incurred by the official in his/her own personal capacity as a member of the family of the next member of the family, as well as the evacuation from the country of origin.

During the evacuation order, the official or his spouse shall also be entitled to a daily allowance determined by the location of the evacuation. If the official and his/her spouse are assigned to different evacuation places, each of them shall be entitled to the daily allowance referred to in this section. However, there is no right to a daily allowance if Finland and the person are resident in their own apartment.

The compensation and daily subsistence allowance referred to in this Article shall apply mutatis mutandis to the State Travel Regulation.

§ 20
Compensation in the event of death

If an official assigned to an external service dies during his/her term of office, the entitlement to a local increase, the amount of compensation, the training allowance and the housing allowance shall continue until the end of the calendar month during which the official died. The Ministry of Foreign Affairs may, for a specific reason, decide that the right to housing allowance and the training allowance is more likely to continue.

The official shall have the right to be reimbursed on the basis of the accompanying family member at the end of the calendar month during which the family member died. The allowance shall be paid at the end of the official's term of office in connection with an official's removal allowance.

If an official or a member of his/her family dies abroad during the term of office of an official, the necessary costs for the carriage of the deceased to Finland and the necessary equipment for carrying out the carriage shall be reimbursed if the compensation cannot be obtained By insurance. If the deceased is transported elsewhere than in Finland, the amount corresponding to the costs of transporting up to Finland shall be reimbursed.

ARTICLE 21 (3.9.2010/786)
Compensation for high risk in places of employment

The places of high safety risk are defined by a decree of the Ministry of Foreign Affairs. A civil servant assigned to the place of high safety risk shall not have the right to compensation for a child or family member as laid down in more detail by a decree of the Ministry of Foreign Affairs. On the other hand, for reasons of special circumstances, the official shall be entitled to a travel allowance at least twice each full year, including the commencement of his term of office.

§ 22
Beneficiary

The compensation provided for in this Act shall be paid to the person entitled to compensation or directly to the producer of the service received by the official.

The removal and removal allowance may be paid to the family member following the official, if the official is dead or the spouses are divorced.

ARTICLE 23
Other allowances

In a specific case, the expenditure referred to in Article 1, which is not covered by the compensation provided for in this Chapter, may also be replaced.

§ 24
Application for compensation

The compensation provided for in this Act, with the exception of housing allowance, shall be paid on application. The official shall without delay inform the competent authority of any change in the relationship with the criteria for payment of the compensation referred to in Article 3. An application for reimbursement shall be made no later than six months after the date on which the entitlement to compensation started. The compensation decision shall be taken within two months of the date of receipt of the application.

ARTICLE 25
More detailed provisions on compensation

More detailed provisions on the compensation and compensation provided for in this Act and the procedure for the application, granting and payment of compensation are laid down by a decree of the Ministry of Foreign Affairs.

Chapter 3

Outstanding provisions

§ 26 (3.9.2010/786)

Paragraph 26 has been repealed by L 3.9.2010/786 .

§ 27 (3.9.2010/786)
Recovery recovery

The compensation paid may be recovered if the condition for compensation is not met. However, no reimbursement shall be recovered if the absence of a term of office or residence is a result of a transfer from an official or a member of the family to another place of business, or For a reason approved by the Ministry of Foreign Affairs. Otherwise, the recovery of the compensation referred to in this Act shall apply to the (18/04/1994) Articles 60 and 61 provide.

ARTICLE 28 (17/05/898)
Appeals appeal

The decision on compensation provided for in this Act shall be subject to an adjustment as provided for in the Civil Service Act. However, the correction to the decision of the Delegation shall be made to the Ministry of Foreign Affairs.

The decision to amend the requirement of amendment may be appealed against by 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 15/08/2015 Article 28 will enter into force on 1 January 2016. The previous wording reads:

ARTICLE 28
Appeals appeal

The decision on compensation provided for in this Act shall be subject to an appeal as provided for in the Civil Service Act. A corrigendum is requested from the Ministry of Foreign Affairs.

The decision on the request for adjustment may be appealed against in the administrative law (18/06/1996) In the manner prescribed.

§ 29
More detailed provisions

More detailed provisions on the implementation of this law may be adopted by a decree of the Ministry of Foreign Affairs.

Chapter 4

Entry provisions

ARTICLE 30
Entry into force

This Act shall enter into force on 1 October 2006.

This law repeals the law on compensation to officials of the external service on the basis of local special circumstances and other benefits. (651/1993) .

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

ARTICLE 31
Transitional provision

If an official moves from a place of employment to another place of employment or to Finland by 31 December 2007 at the latest, he shall be compensated for the installation allowance and may be paid for the reimbursement of removal expenses in accordance with the provisions thereof, Which were in force upon entry into force of this Act.

THEY 50/2005 , HaVM 4/2006, EV 36/2006

Entry into force and application of amending acts:

29.9.2006/8531:

This Act shall enter into force on 1 October 2006.

THEY 139/2006 , HaVM 15/2006, EV 101/2006

1 JUNE 1 TO 6:

This Act shall enter into force on 1 July 2007.

The law shall apply from 1 February 2007 or after the date of appointment.

THEY 2/2007 , HaVM 1/2007, EV 2/2007

3.9.2010/78:

This Act shall enter into force on 1 January 2011.

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

THEY 16/2010 , HaVM 10/2010, EV 99/2010

16/04/2013:

This Act shall enter into force on 1 January 2015.

17/2014 , HVM 8/2014, EV 29/2014

28.11.2010:

This Act shall enter into force on 1 January 2015.

THEY 93/2014 , TyVM 7/2014, EV 136/2014

7 AUGUST 2015/898:

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