How can I get back my unemployment benefits

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
23194
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Vanhimmat
  • Thanks for the link you provided, that is really useful.
    I found sth in chapter " Coming to Finland to work" which indicates"In order to receive unemployment allowance you have to work in Finland for at least 6 months before you become unemployed." Is this suitable for a new immigrate? I am coming here as a family member.

    On the other hand I received a letter from Kela which only states that I can't get the unemployment benefits after my left my job myself on 15.10.2015. They said, that is the punishment base on "Tyottomyysturvalaki 2 luku and 2a luku".
    http://www.finlex.fi/fi/laki/ajantasa/2002/20021290

    But what I am thinking is that should it be correct?
    Base on "Tyottomyysturvalaki 1 luku 8§"
    http://www.finlex.fi/fi/laki/ajantasa/2002/20021290

    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"

    Anyway I am not a Finnish resident before 10.11.2015.
    Just wondering why the officer take the evidence which before 10.11.2015 into consideration?


    Thanks!

    Äänestä

  • Thanks for the link you provided, that is really useful.
    I found sth in chapter " Coming to Finland to work" which indicates"In order to receive unemployment allowance you have to work in Finland for at least 6 months before you become unemployed." Is this suitable for a new immigrate? I am coming here as a family member.

    On the other hand I received a letter from Kela which only states that I can't get the unemployment benefits after my left my job myself on 15.10.2015. They said, that is the punishment base on "Tyottomyysturvalaki 2 luku and 2a luku".
    http://www.finlex.fi/fi/laki/ajantasa/2002/20021290

    But what I am thinking is that should it be correct?
    Base on "Tyottomyysturvalaki 1 luku 8§"
    http://www.finlex.fi/fi/laki/ajantasa/2002/20021290

    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"

    Anyway I am not a Finnish resident before 10.11.2015.
    Just wondering why the officer take the evidence which before 10.11.2015 into consideration?

    Äänestä

  • There is big change coming in European Union this month: David Cameron of UK negotiates new rules for EU foreign immigrants. Freeloaders , standard of living-immigrants will lose benefits for 4 YEARS! But: learning Finnish language and obtaining work-trial-job from TE-office one can make good money in comparison to Chinese levels.

    Äänestä

Yuor age can allso be a relevant thing. If you are under 25 and you are without II-degrees study you can't get any unemployment allowance in Finland from Kela.

Äänestä
  • Thanks for you comment.

    I am 27 years old and I have Bachelor degree. How about the case?

    Äänestä

It seems quite strange that your waiting period begins from 1.11.2015. A couple of things occured to my mind: when did you register with the TE Office as a jobseeker and did officers there check your residence permit and right to work in Finland for a labour policy statement. I suppose the right to work will be entered on your residence permit card.

"Your job search must be valid in order for you to receive unemployment benefit. Your waiting period will also only begin once you have started your job search. During the waiting period, no unemployment benefit will be paid." (Source: http://www.te-services.fi/te/en/jobseekers/if_unemployed/what_to_do/index.html )

Did you appeal against Kela's decision?
"You have 37 days from the date of mailing of the decision to turn in your appeal. The date of mailing is shown on the decision. Kela presumes that you have been notified of the decision on the seventh day after the mailing date on the decision." (Source: http://www.kela.fi/web/en/how-to-appeal-a-decision3 )

Äänestä
  • Very thank you for your comments first of all.
    Some information to add here more clear is :
    1. I left my job in China by myself on 16.10.2015,(information I gave to TE office is not that currency to the day I wrote 10.2015)
    2. My Finnish resident permit is valid from 10.11.2015.
    3. I came to Finland on 15.11.2015

    So the waiting period officer explained to me that began on the next day when I left my job. Then were thinking I left job on 31.10.2015, as I just wrote 10.2015.

    For your question, I went to the TE-office as a job seeker on 4.1.2016. They checked my residence permit and let me have a test after that.
    Yes, you are right, the right to work had been added on my residence permit card.


    I had did appeal and sent appeal letter to kela already last friday. Today unemployment appeal board told me that basically nowadays it will take 8 month to have a new decision and send it to me.

    Äänestä

  • Very thank you for your comments first of all.
    Some information to add here more clear is :
    1. I left my job in China by myself on 16.10.2015,(information I gave to TE office is not that currency to the day I wrote 10.2015)
    2. My Finnish resident permit is valid from 10.11.2015.
    3. I came to Finland on 15.11.2015

    So the waiting period officer explained to me that began on the next day when I left my job. Then were thinking I left job on 31.10.2015, as I just wrote 10.2015.

    For your question, I went to the TE-office as a job seeker on 4.1.2016. They checked my residence permit and let me have a test after that.
    Yes, you are right, the right to work had been added on my residence permit card.


    I had did appeal and sent appeal letter to kela already last friday. Today unemployment appeal board told me that basically nowadays it will take 8 month to have a new decision and send it to me. Should it be like this? I am too confusing.

    Äänestä

go back to china rice eye i can see you are here only to gain benefits and they say asians are so hard working....

Äänestä
  • Thanks for the suggestion. I am looking for the job currently.
    But sadly that you are saying the hate speech towards someone really need help.

    Äänestä

I have nothing against someone coming here to work, even from China, if, and only if they happen to possess skills that the job needs and no Finnish citizen has been found for the job, inspite of having been searched.

But I do have a problem with his wife resigning from a job in her country and following her husband with a view of living on Finnish taxpayers' expense - doing nothing! And expecting the paid holiday to start as soon as her little foot touches the ground in Finland. Or maybe even from the day she voluntarily left her paying job in her country. Is there going to be a flood of Chinese as well, coming to our coutry uninvited and with their hands extended: "Give me my money!"? I have even heard some of the recent illegals call it their "salary". Salary! Please tell me, is there, in you honorable opinion, any badly run, politically miserable country in this world, whose citizens were not entitled to come to Finland, a small and badly indebted northern country, and demand its people to give them a free holiday from then on? And tell me why a wife of a worker would need any alms from Finnish taxpayers? There are only 5 million citizens in Finland, only part of them in working age. We have half a million of unemployed FINNS - count the percent. Many of us live on 500 euros per month.

It's now so in fashion amongst some people who promote this destruction of formerly well to do countries to call racism everything that criticises anything a different looking foreigner does. This has nothing to do with racism. I have Chinese friends and have had Chinese work mates, customers, employers, study mates. Nice people, blunt, hardworking, a lot like the Finns. But I really do wish a young, educated (even if in China with its education standards), well to do woman would dedicate at least at much energy in job hunting as finding ways to become a dole bludger, in other people's country. Yes, there are no jobs to be had, not for you, not for me. Why so did you move here? Why did you think we should finance your family's extra 500 euros per month for nothing? What wuld China do for me if I tralelled there and told the officials I wanted 'my money' and wanted it now? Would they humbly give me what I demanded, would they put in prison, throw me into the street, or simply returned me to the airport and cuffed me into the next plane home?

And, before I forget, welcome to your husband to Finland, as long as he has a job that no Finn was able to do. And if you find a job here, welcome to you too.

Äänestä
  • No offence, seems you are a little bit emotional about this stuff.

    From spectator point of view for example do you mean that if you are working in Finland(as a tax payer) paying the tax, but not your wife or child. So that only you can have social benefits but not your wife and child? Because they are not a tax payer? Or you mean that the tax her husband paid is not enough to let his wife have social insurance?

    Actually, here we are not talking about those topics at all since we are not politics or laws maker. Those question/suggestion from you maybe could be escalated to Finnish government. Hopefully, it would be changed in near future.

    Äänestä

  • Kusanagi kirjoitti:

    No offence, seems you are a little bit emotional about this stuff.

    From spectator point of view for example do you mean that if you are working in Finland(as a tax payer) paying the tax, but not your wife or child. So that only you can have social benefits but not your wife and child? Because they are not a tax payer? Or you mean that the tax her husband paid is not enough to let his wife have social insurance?

    Actually, here we are not talking about those topics at all since we are not politics or laws maker. Those question/suggestion from you maybe could be escalated to Finnish government. Hopefully, it would be changed in near future.

    No offence taken, but you are mistaken. Not emotional but logical. I am a native Finn, so, if we follow the beginning commentor's emotions/logic, I would be entitled to resign from a job here in Finland and follow my spouse who has found a job in China, and demand 'my benefits' and China would give them to me. Well, I do not think that I would have a moral or legal right for unemployment benefits over there especially if I had just resigned from a job in my own country and my spouse had a paid job in China. Agree? So how is the situation different for Chinese people who are after Finnish dole? A couple can live on one wage, families have done so for centuries. It is only fairly recently that women have been chased out of the house working for wages while their children are 'brought up' by the government and others.

    You would like to make this a forum to discuss how foreigners could more efficiently benefit from the Finnish welfare system. I hope this will remain a place to share experiences and ideas about this poorly run system which seem to draw foreigners and enslave our own citizens. One thing I would like to discuss here is why a tertiary educated, working age woman mentioned nothing about finding a job. Working does not appear to be a part of her plans. She wants money for nothing and she regards it her right to do so.

    Do Finnish people have to pay the dole to everyone in the world before the world is happy? I have a news for you: Finland can not afford it. We are in debt beyond breaking point.

    Äänestä

I understood that you are very taking care of your country so that you have your standpoint.

I am a foreigner who works in Finland. I am not auguring for anyone here, but just with neutral eyes.

Sorry but some logical error you had made was that you were asking what a person would be treated in china comparing to in Finland. But actually we are not talking about what are Chinese policy and law or what you will be treated in china if you have same situation in China.

I found in previous discussion the lady said that she is now finding the job. Maybe you should have a close look.

Meanwhile more important the logic here is we are talking about, based on Finnish laws or policies, how to interpret the Tyottomyysturvalaki, what should be the correct judgement rather than in our personal mind what should be done. Do you agree?

As a foreigner I think what she can do is only follow the law. So why she can't fight for her right?

On the other hand, what occurred to my mind is that perhaps the related laws are nowadays out of date. I knew the news that more and more refugees or illegal immigrants moved to Finland especially last year. Now Finland have a different situation than before so that is why I am thinking maybe the related law should be revised somehow.

But If the law or policy includes something let you feel unhappy, Finnish citizen basically have right to escalate this to government that is the way to let Finnish government to improved the current policy.

Äänestä
  • "...perhaps the related laws are nowadays out of date. I knew the news that more and more refugees or illegal immigrants moved to Finland especially last year. Now Finland have a different situation than before so that is why I am thinking maybe the related law should be revised somehow."

    That is what the foreign intruders would love: "Because we decided to come and use your welfare system you should now change your law to make it easier for us to do so." That would so thoroughly enrich our culture, right? If you have followed even the brain wash media you know what kind of demands some illegal migrants make.

    I do not know what kind of uneployment benefit system China has but I suspect it has none or nearly none. One of you Chinese could tell us if that is incorrect. Your wages are so low that for you a 500 euros per month is like a full salary with nothing to do. And if you then start working here for the dole, 'slave work' we call it, you will be helping those who are planning this development worldwide, to bring down Finnish wages to the level of China and other third world countries. Is this what we want?

    One can look at this problem from different points of view. We can try to find what is financially most beneficial for just me, just now. Or we can think about our own country, or the world as a whole. Personal greed can finally lead us to a world only a handful at the top may like, if even them. I respect China as a national state just like I respect other countries, and I love my own country, Finland, and would give my life for its people (not the public officials nor politicians). But I do not accept the Chinese citizens as entitled to Finnish social security. If you move here, legally, work a while, achieve Finnish right of residency, then lose your job, then you were one of us and I would fight for your right for the dole. But if you are a foreigner whose only serious plan is to get money for free, that I find shameful. The fact that her husband is working and paying taxes does not cover her dole. Each person pays uneployment insurance for their own possible unemployment, not the rest of their family's.

    There are over a billion people in China. How many of them, in your opinion, have a right to come and become a dole bludger in Finland? All of them? A million? Even just a thousand per year would cause big problems for my country. We are now feeding the flood of foreigners on borrowed money, and the citizens are not asked. Unlike in China, here people have a freedom of speech, sorty of. You can have your say, I can have mine. But we have that in common with China that our people do not decide about the government policy. They regard themselves our rulers, not representatives of our will. And we are going closer and closer to the Chinese totalitarism, I fear. So, by moving here you are aiding our fall. Where will you go then?

    If anyone could just get up and move to a country of their choice we would soon be in the situation that the vast majority in every country would be equally poor. Maybe that is the plan.

    Äänestä

  • AlmsToAllChinese kirjoitti:

    "...perhaps the related laws are nowadays out of date. I knew the news that more and more refugees or illegal immigrants moved to Finland especially last year. Now Finland have a different situation than before so that is why I am thinking maybe the related law should be revised somehow."

    That is what the foreign intruders would love: "Because we decided to come and use your welfare system you should now change your law to make it easier for us to do so." That would so thoroughly enrich our culture, right? If you have followed even the brain wash media you know what kind of demands some illegal migrants make.

    I do not know what kind of uneployment benefit system China has but I suspect it has none or nearly none. One of you Chinese could tell us if that is incorrect. Your wages are so low that for you a 500 euros per month is like a full salary with nothing to do. And if you then start working here for the dole, 'slave work' we call it, you will be helping those who are planning this development worldwide, to bring down Finnish wages to the level of China and other third world countries. Is this what we want?

    One can look at this problem from different points of view. We can try to find what is financially most beneficial for just me, just now. Or we can think about our own country, or the world as a whole. Personal greed can finally lead us to a world only a handful at the top may like, if even them. I respect China as a national state just like I respect other countries, and I love my own country, Finland, and would give my life for its people (not the public officials nor politicians). But I do not accept the Chinese citizens as entitled to Finnish social security. If you move here, legally, work a while, achieve Finnish right of residency, then lose your job, then you were one of us and I would fight for your right for the dole. But if you are a foreigner whose only serious plan is to get money for free, that I find shameful. The fact that her husband is working and paying taxes does not cover her dole. Each person pays uneployment insurance for their own possible unemployment, not the rest of their family's.

    There are over a billion people in China. How many of them, in your opinion, have a right to come and become a dole bludger in Finland? All of them? A million? Even just a thousand per year would cause big problems for my country. We are now feeding the flood of foreigners on borrowed money, and the citizens are not asked. Unlike in China, here people have a freedom of speech, sorty of. You can have your say, I can have mine. But we have that in common with China that our people do not decide about the government policy. They regard themselves our rulers, not representatives of our will. And we are going closer and closer to the Chinese totalitarism, I fear. So, by moving here you are aiding our fall. Where will you go then?

    If anyone could just get up and move to a country of their choice we would soon be in the situation that the vast majority in every country would be equally poor. Maybe that is the plan.

    Finland feeds the illegal migrants and other non working foreigners (and us Finns too) on borrowed money. I wonder if that money was borrowed from Chinese banks, even undirectly. It would motivate China to flood our country with millions of bludgers. When we come to the end of the road, we have our natural resources that can be robbed by greedy banks. Minerals have already been offered, for free, to anyone who has the cheek to come and take it. Electricity infrastructure has been sold. What about water and forests? National health care and elderly care is becoming more widely private and expensive and poor. When all this was going on in other countries, we did not care. Now it is Finland that is being destroyed piece by piece. Do we still not care? Do we want to become a country where Chinese and the like can come with their sweatshops to utilise the cheap labour?

    Äänestä

  • FinlandFalling kirjoitti:

    Finland feeds the illegal migrants and other non working foreigners (and us Finns too) on borrowed money. I wonder if that money was borrowed from Chinese banks, even undirectly. It would motivate China to flood our country with millions of bludgers. When we come to the end of the road, we have our natural resources that can be robbed by greedy banks. Minerals have already been offered, for free, to anyone who has the cheek to come and take it. Electricity infrastructure has been sold. What about water and forests? National health care and elderly care is becoming more widely private and expensive and poor. When all this was going on in other countries, we did not care. Now it is Finland that is being destroyed piece by piece. Do we still not care? Do we want to become a country where Chinese and the like can come with their sweatshops to utilise the cheap labour?

    This moron doesn't represent common Finnish opinion. ( Or some uneducated street gang, maybe) Finland welcomes Asian immigrants - especially for the good experiences we have in history. Eg. the Vietnamese boat people proved to be hard working and social group up to being role model for the native population in this country. And many of them were of Chinese descent....

    Äänestä

  • "...moron...uneducated...street gang..."

    There is a difference in style between your writing and the one your hate speech is aimed at. Yours is so, well, intelligent and sophisticated. It is great that a person on your level of development came to present a picture of the opposition.

    As said before, legal migration to come here and work, or come and live on one's spouse's wages, is fine, especially for Chinese who seldom cause much problems in the countries they move to. They are hard working and straight talkin, like the Finns are. But this person in the beginning story (and let's hope it was just a story) was after Finnish tax payers' handouts and was not happy even though she had been granted the dole, with a waiting period as she had resigned. She wanted to be treated better than citizens themselves and be given "her money" straight away. That is what the problem is. '

    This should not be too difficult a question to answer, not even for you: How many of the people in this world has a right, in your opinion, to come and demand Finnish social security? All of them? So many that the average density of population would be 'achieved' in Finland too (now it is something like 14 person per sq. km)? The question is a tabu? Nobody? Just you, and who cares about the rest? Nobody has even tried to comment on that. I think it is an essential issue here.

    This woman can live in Finland as a house wife and keep looking for work. She can easily live on her husband's income. Unless he is working for a Chinese company and Chinese wages...

    Please respond. This was written by an uneducated moron Finn, according to your analysis. Please show how a good world citizen communicates. I wait anxiously. I I cannot understand your lerned comment, someone else may. You have a freedom of speech, you know, sort of, unlike the people in China and other dictatorships.

    Äänestä

you must stay in china if you want to be near with your husband he can come to you

Äänestä

she sounds like an opportunist who is here just for easy money if her husband is the same her husband can also go back to china finnish welfare system was originally for people from finland it can't take foreign gold diggers around the world

Äänestä

Taidan jättää tämän väittelyn. Miksi osallistua suomenkielisen keskustelupaikan vierasmaalaistamiseen. Tietysti, jos tästä alkaa tulla ulkomaisten hyväksikäyttäjien infopalsta, tuntuu välttämättömältä tarttua asiaan. Jos jaksaa.

Äänestä
  • Yleinen harhaluulo onkin, että suomalainen työttömyys&sosiaaliturva olisi jotenkin suurempi ja mainiompi kuin EU-lait määräävät.

    Äänestä

Kommentoi aloitusta


Jingyao kirjoitti:

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

Anonyymi
5000

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