Hi,
Following the Tyottomyysturvalaki 2 luku and 2a luku.
Kela refused to pay my unemployment allowance for 90 days from 1.11.2015 to 29.1.2016 (90days) because of I left me job on 16.10.2015 myself in China.
As I understood, I think those specific clauses are not applicable to my case.
I try to explain more in details as follows:
As my husband is working in Finland, in order to live together, I went to Finland as a new immigrant. So I had to end up with my employment relationship on 16.10.2015 in China. Then I arrived to Finland on 15.11.2015 (my resident permit is valid from 10.11.2015)
More important, base on Tyottomyysturvalaki 1 luku 8§ the scope of unemployment protection law. It says that “This law does only applicable to Finnish employment or Finnish service relationship or a Finnish employment relationship with another person,”
Obviously that this clause applies to Finnish employment, but as you know I am not a Finnish resident before 15.11.2015.
And before 16.10.2015 I was working in China and under Chinese labor law protection.
As far as I understood the Finnish law basically has its own scope which includes 3 necessary elements.
1. The scope of space effectiveness.
2. The scope of time effectiveness.
3. The scope of the specific person effectiveness.
In my case it is not fulfill the #1 space scope and #2 time scope of the law which means this Finnish unemployment protection law is not suitable to me before 15.11.2015(my resident permit is valid from 10.11.2015), so that I think it is not proper to take those facts which I left my job myself on 16.10.2015 in China into account.
what is your opinion on my case? Do you think I can get back my unemployment benefits? Please feel free and share your opinion.
Best Regards,
Jingyao
Following the Tyottomyysturvalaki 2 luku and 2a luku.
Kela refused to pay my unemployment allowance for 90 days from 1.11.2015 to 29.1.2016 (90days) because of I left me job on 16.10.2015 myself in China.
As I understood, I think those specific clauses are not applicable to my case.
I try to explain more in details as follows:
As my husband is working in Finland, in order to live together, I went to Finland as a new immigrant. So I had to end up with my employment relationship on 16.10.2015 in China. Then I arrived to Finland on 15.11.2015 (my resident permit is valid from 10.11.2015)
More important, base on Tyottomyysturvalaki 1 luku 8§ the scope of unemployment protection law. It says that “This law does only applicable to Finnish employment or Finnish service relationship or a Finnish employment relationship with another person,”
Obviously that this clause applies to Finnish employment, but as you know I am not a Finnish resident before 15.11.2015.
And before 16.10.2015 I was working in China and under Chinese labor law protection.
As far as I understood the Finnish law basically has its own scope which includes 3 necessary elements.
1. The scope of space effectiveness.
2. The scope of time effectiveness.
3. The scope of the specific person effectiveness.
In my case it is not fulfill the #1 space scope and #2 time scope of the law which means this Finnish unemployment protection law is not suitable to me before 15.11.2015(my resident permit is valid from 10.11.2015), so that I think it is not proper to take those facts which I left my job myself on 16.10.2015 in China into account.
what is your opinion on my case? Do you think I can get back my unemployment benefits? Please feel free and share your opinion.
Best Regards,
Jingyao
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