Decision on the applicable earnings-related pension act
The pension provider usually decides questions about earnings-related pension insurance. It also advises employers, employees and self-employed persons. In unclear cases, you can apply to the Finnish Centre for Pensions for a decision.
The Finnish Centre for Pensions issues a decision in unclear cases
The party ordering the work, the person doing the work, the employer, the employee or the earnings-related pension provider can ask the Finnish Centre for Pensions to decide whether the work falls under the Employees Pensions Act (TyEL) or the Self-employed Persons’ Pensions Act (YEL). The decision can be appealed.
The assessment is based on the information provided about the working relationship. The main question is whether the work has all the features of an employment relationship. These include an agreement, a personal obligation to do the work, remuneration, work performed for the employer, and the employer’s right to direct and supervise the work. The features must apply simultaneously.
Self-employment is not defined in the same way as an employment relationship. This means that the distinction is mainly based on whether the work has the features of an employment relationship. A self-employed person is someone who works for pay but is not in an employment relationship. For earnings-related pension insurance, the title used in the agreement or for the work is not what matters. Nor do individual terms in the agreement decide the issue, such as a statement that the arrangement is not an employment relationship. It also does not matter whether invoicing and payment are handled through an invoicing service.
The Finnish Centre for Pensions issues a separate decision for each working relationship specified in the application. Before issuing its decision, the Finnish Centre for Pensions gives all parties concerned an opportunity to comment.
You do not need to use a specific form to apply. To help the Finnish Centre for Pensions process your application smoothly, please make sure the application is specific enough. The application and its attachments should include only information about the case and the parties involved.
- Heading: Application for a decision on the applicable legislation
- Work and period: Thework covered by the application and the period for which you are asking for a decision.
- Parties: The name and contact details of the person doing the work and the party ordering it.
- Agreements: Any written agreement or agreements about the work. If there is no written agreement, describe what was agreed and how the work was actually done.
The Finnish Centre for Pensions aims to issue a decision on the applicable legislation within four months. The process has the following stages:
1. The Finnish Centre for Pensions receives the application and registers the case as pending.
2. The Finnish Centre for Pensions checks whether the basic information and attachments are sufficient. If necessary, it asks the applicant to provide more information.
3. If necessary, the Finnish Centre for Pensions asks the parties involved for more information (for example, from the person doing the work and the party ordering the work).
4. Before issuing its decision, the Finnish Centre for Pensions gives the parties involved an opportunity to comment on the information received.
5. The Finnish Centre for Pensions decides which earnings-related pension act applies (TyEL or YEL) and sends the decision to the parties involved.
Please submit the application and any additional information electronically, if possible. If necessary, you can also contact us by post.
• Suomi.fi Messages: www.suomi.fi/messages
• Email: sove(at)etk.fi; please use a secure connection.
• Post: Finnish Centre for Pensions, Legal Department, FI-00065 ELÄKETURVAKESKUS, Finland
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Appeals
You can appeal against the Finnish Centre for Pensions’ decision on the applicable legislation. As a party to the case, you should first appeal to the Pension Appeal Board. If necessary, you can then appeal against the Board’s decision to the Insurance Court. The instructions attached to the decision explain how to appeal.