Labour Politic Preconditions
Investigating preconditions
Labour authorities investigate the labour politic preconditions
for receiving daily unemployment compensation. Thus, it is crucial to register
at the employment office on your first day of unemployment, at the latest. The
fund is only able to pay earnings-related daily allowance after labour
authorities have investigated the labour politic preconditions and issued a
statement on the matter.
Labour authorities consider the following matters when issuing
a labour politic statement:
-
Is the claimant prevented from being on the labour market?
This would be the case, for example, during foreign travel, military service,
non-military service, imprisonment, hospitalization, or other institutional
care. However, in certain cases it may be possible to have the right for daily
allowance during foreign travel.
-
Is the claimant employed with entrepreneurial activities? A
full-time entrepreneur or a self-employed person is not entitled to
unemployment benefits.
-
Is the claimant a full-time student? A full-time student is
not entitled to unemployment benefits, neither during studies nor during
holiday periods.
-
Is the claimant at the disposal of the labour market? In
case the claimant him/herself causes such limitations that prevent him/her
from accepting employment offered with conditions generally agreed upon or
from taking part in educational activities, (s)he is not at the disposal of
the labour market.
-
Termination of employment and a valid cause for resigning.
If the claimant has had a valid cause for resigning or the contract has been
terminated without the claimant's own fault, the statement will not include
labour politic hindrances for the entitlement to unemployment
benefits.
-
Absence from the labour market. Labour authorities
investigate whether the claimant has been on the labour market for at least
six weeks within the previous six months.
-
A refusal to accept employment, training, job seeking plan,
or labour politic activities.
-
Interrupting training or labour politic activities, or
neglecting the job seeking plan.
Commuting area
The general rule states that as a job-seeker, you cannot refuse
work offered to you within your immediate commuting area without the loss of
your unemployment security. Besides your own home town, your particular
commuting area comprises other locations where employees from your home town
commute, or which are within a daily commuting distance of your home town.
Commuting areas for each municipality is confirmed by the Ministry of Labour.
You can easily check your own working area for example by visiting the Ministry
of Labour web site at www.mol.fi/.
Foreign travel
You can be paid unemployment allowance even during a short,
occasional foreign trip in case you are available on the labour market and have
notified your employment office of your travel beforehand. In addition,
you are within reach; i.e. you have informed the employment office on your
contact details during your trip and are able to accept work or training within
a reasonable time. The journey can last for approximately one week (6 payment
days) during a year, and your destination is within the EU/EEA area.
Full-time studies
Full-time students are not entitled to unemployment allowance.
The labour committee will investigate the nature of the studies and issue a
statement on whether the conditions regarding the allowance are met. The
employment office must therefore be notified of the starting date of the
studies. As a general rule, studying is considered full-time when it prevents
the claimant from accepting full-time work offered to him/her.
Full-time studying is considered to include studies at a
university or vocational college. Attendance in an upper secondary school is
also full-time studying if it continues for a minimum of 75 courses. Full-time
studying also includes upper secondary education in a boarding school.
Vocational and other studies are considered to be full-time when the study
curriculum shows at least three study weeks in a month of a minimum of 25 hours
per week in duration. When determining whether the studies are full-time,
consideration will be paid to the extent of the study curriculum, the amount of
work required, and the level of binding of the studies. Leisure studying is not
considered full-time.
The studying is considered full-time until it is verifiably
finished. A degree or some other form of final certificate must be presented to
the employment office.
Suspension
In certain cases, the statement issued by employment
authorities demands a suspension of the unemployment allowance. These cases are
listed below.
If you have resigned from your employment without a valid
reason, or have personally caused the employment to end, you lose your
entitlement to unemployment allowance for a period of 90 days. If your
employment would only have lasted up to five days, your entitlement is suspended
for 30 days.
If your own actions prevent the drafting of an employment
contract, you lose your entitlement to unemployment allowance for a period of 60
days. If the employment would only have lasted up to five days, the entitlement
is suspended for 30 days.
If you refuse to draft a job seeking plan, to revise a
re-employment programme, or repeatedly refuse activities included in your job
seeking plan or re-employment programme, your allowance is suspended for 60 days
from the date of your refusal.
During the first three months of unemployment you can to refuse
to do work which can be considered professionally unsuitable to you, without
losing your entitlement to unemployment allowance.
You cannot refuse full-time employment based on a comparison of
salary and unemployment allowance. The right to refuse work on these grounds
only applies to part-time work. Working a maximum of 75% of the full-time
working hours is considered part-time.
The earlier stated principles also apply if, without a valid
reason, you refuse training allocated to you by labour authorities if, during
such training, your own livelihood, and that of your family, is reasonably
secure, or if you have resigned or been forced to resign from such training
without a valid reason.
If you have been on the labour market for less than six weeks
during the past six months without a valid reason for your absence, your
entitlement to unemployment allowance is suspended for 60 days from the date of
your return to the labour market.
If you repeatedly refuse to accept a job or training offer, or
by your actions prove unwilling to work or be trained, the allowance is
suspended until such time that you have been at work or in training for at least
three months.