Phase
Pay security act (866/1998)
Native name
Palkkaturvalaki (866/1998)
Type
Wage guarantee in case of insolvency
Added to database
08 May 2015

Article

Whole regulation


Description

In 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 employer’s contribution to unemployment insurance. Pay security includes wages, holiday compensation and daily allowances.

An employer is considered insolvent if the employer is unreachable or has terminated the business activity and it can be proven that the amount in question cannot be paid from the assets, or if the employer has been declared bankrupt or else been established to be unable to pay its debts. Insolvency can also be based on if the employer has failed to pay the required employer contributions or the statutory pay-as-you-earn taxes on time.

The guarantee covers all claims that have been applied for as wage guarantee within three months of the pay or other claims falling due, irrespective of the duration of the employment or the type of contract. Exceptions to this time limit are applied in cases where the employer is either convicted of serious work-related exploitation and in cases where there are reasonable grounds to believe that such exploitation has occurred. In the first mentioned a claim can be made up to three months after the criminal judgment becomes final, and in the later up to 18 months after employment termination.

The maximum amount to be paid per employee and employment contract with the same employer is €19,000. The employee can submit the application themselves or it can be done by a trade union on behalf of the employee.

Since 2016, the pay security system of the entire country is administered by the Uusimaa Centre for Economic Development, Transport and the Environment (ELY centre) in Helsinki. The centre makes decisions in pay security matters and handles other functions connected with enforcement of the Act. On 1 January 2025 administrative responsibility is however transferred to the Development and Administrative Centre (KEHA centre). Applications for claiming pay security must be submitted to the KEHA centre or to the municipal or joint municipal authority responsible for organising public employment services.


Commentary

According to statistics by the Ministry of Economic Affairs and Employment, the total amount paid through the pay security system was €25.9 million in 2022.

Statistics by the ministry and the ELY centres show earlier total payments of pay security:

  • €26.3 million in 2017
  • €31.2 million in 2016
  • €27.4 million in 2015
  • €35.4 million in 2014
  • €39 million in 2013

The number of pay security beneficiaries was 5,015 in 2022. A few years earlier, in 2017 they were 5,800 and 5,200 the year before that.  


Additional metadata

Cost covered by
Companies
Involved actors other than national government
Public employment service Other National government
Involvement (others)
Public employment services; Centre for Economic Development, Transport and the Environment (ELY centre); the Development and Administrative Centre (KEHA centre).
Thresholds
Affected employees: No, applicable in all circumstances
Company size: No, applicable in all circumstances
Additional information: No, applicable in all circumstances

Sources

Citation

Eurofound (2015), Finland: Wage guarantee in case of insolvency, Restructuring legislation database, Dublin, https://apps.eurofound.europa.eu/legislationdb/wage-guarantee-in-case-of-insolvency/finland

Download as PDF