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Factsheet for measure FI-1998-48/2606 Updated – measures in Finland

Pay Security Act (866/1998)

Palkkaturvalaki (866/1998)

Country Finland , applies nationwide
Time period Open ended, started on 27 November 1998
Context Restructuring Support Instruments
Type Legislations or other statutory regulations
Category Employment protection and retention
– Income support for people in employment (e.g., short-time work)
Author Amanda Kinnunen (Oxford Research) and Eurofound
Measure added 23 June 2022 (updated 08 November 2022)

Background information

According to the Pay Security Act 866/1998 (Palkkaturvalaki), employees, including part-time and fixed-term workers, are entitled to pay security in the event of the employer's insolvency.

In the case of employer insolvency, wages and other claims of employees resulting from the employment contract are secured by the national pay security system, which is financed by the employers' contribution to unemployment insurance. An employer is considered insolvent if the employer is unreachable or has terminated the business activity; or if the employer has been declared bankrupt or else been established to be unable to pay its debts.

Content of measure

The guarantee covers claims that have become due within three months before applying for the guarantee, irrespective of the duration of the employment or the type of contract.

The pay security system is administered by the Centres for Economic Development, Transport and the Environment (ELY Centres). The Centres make decisions in pay security matters and handle other functions connected with enforcement of the Act. A guarantee application may also be handed in at a local job centre.

According to specialists at ELY Centres, employees applying for pay security sometimes do not know what and how much their employers are due, which complicates the process. Employers may lack adequate bookkeeping, making it impossible to prove potential debts.

Updates

The following updates to this measure have been made after it came into effect.

29 June 2021

The maximum amount of the wage guarantee was changed 29 June 2021. The maximum amount paid per employee and employment contract with the same employer increased from €15,200 to €19,000 in 2021.

Use of measure

The number of pay security beneficiaries was some 5,800 in 2017 and 5,200 in 2016.

On average, applications based on unilateral judgement amounted to 30 applications annually beetween 2017-2021.

Target groups

Workers Businesses Citizens
Employees in standard employment
Applies to all businesses Does not apply to citizens

Actors and funding

Actors Funding
National government
Local / regional government
Companies

Social partners

Social partners' role in designing the measure and form of involvement:

Trade unions Employers' organisations
Role Consulted Consulted
Form Direct consultation outside a formal body Direct consultation outside a formal body

Social partners' role in the implementation, monitoring and assessment phase:

  • No involvement
  • Main level of involvement: Peak or cross-sectoral level

Involvement

Unknown

Views and reactions

Unknown

Sources

  • 27 November 1998: ELY Centres, 'Palkkaturva' (www.ely-keskus.fi)
  • 23 May 2016: Yleisradio (2016), 'Keskitäminen ei lyhentänyt pitkiä käsittelyaikoja - isoissa kaupungeissa palkkaturvajonot edelleen lähes vuoden', 23 May. (yle.fi)
  • 05 April 2017: Pay Security Act (866/1998) in English (www.finlex.fi)
  • 29 June 2021: Pay Security Act (Palkkaturvalaki) (866/1998) (www.finlex.fi)
  • 10 December 2021: Eurofound database on restructuring related legislation - Wage guarantee in case of insolvency (www.eurofound.europa.eu)
  • 08 July 2022: Työttömyysturvalaki (1290/2002) (www.finlex.fi)
  • 19 September 2022: Government proposal to amend the Pay Secutiy Act (Hallituksen ehdotus palkkaturvalain muutoksesta) (tem.fi)

Citation

Eurofound (2022), Pay Security Act (866/1998), measure FI-1998-48/2606 (measures in Finland), EU PolicyWatch, Dublin, https://static.eurofound.europa.eu/covid19db/cases/FI-1998-48_2606.html

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Disclaimer: This information has not been subject to the full Eurofound evaluation, editorial and publication process.