Occupational social security schemes (Chapter 2 of Directive 2006/54)

AuthorNousiainen, Kevat
Pages48-50
48
6 Occupational social security schemes (Chapter 2 of Directiv e 2006/54)
6.1 General (legal) context
6.1.1 Surveys and reports on the practical difficulties linked to occupational and/or
statutory social security issues
The social insurance that covers old age, sickness and disability as well as maternity,
paternity and parental benefits is both occupational and mandatory. Mandatory, statutory
social insurance covers not only employees b ut also entrepreneurs, including agricultural
entrepreneurs. The social insurance that covers old age, sickness and disability, as well as
maternity, paternity and parental benefits, is both occupational and mandatory. For those
who do not earn a minimum pension through work, pensions are complemented throug h
a statutory scheme. Sex disaggregated statisti cs are conducted by several bodies , which
indicate that pensions related to previously earned income are higher for men, and women
more often than men receive a complement to th eir pensions from the state pen sion
scheme. Women’s l ower income from work and entrepreneurship leads to lower benefits
and pensions.
6.1.2 Other issues related to gender equality and social security
There are no further issues related to gender equality and social security to report.
6.1.3 Political and societal debate and pending legislative proposals
There are curr ently no pending legislative proposals on this topic. The Government’s
Programme, published in Ju ne 2019, promises to reform the family-rel ated leave system
which would di vide responsibility for family more evenly b etween m others and fathers.
Mothers and fathers a re to have the same number of non-transferrable months of leave.
Fathers are to have the right to the same length of income-related leave as mothers have
at present, without making the mothers’ right to leave shorter. The parents’ combined
time to which they are entitled for income-related family leave will thu s become longer.
6.2 Direct and indirect discrimination
Section 7 of the Act on Equality contains a g eneral prohibition o f dis crimination on th e
grounds of sex, and social security schemes fal l within the material scope of the Act.
However, there is no remedy o r compensation for a victim of discrimination in the Act on
Equality. The general principles of ad ministrative law under Chapter 2 Section 6 the Act
on Administration (434/2003) include the principle of equal treatment.
6.3 Personal scope
The Finnish sickness, disability, maternity and parental benefits as well as pension
schemes are statutory and mandatory, and cover all fields in which people earn as
employees or entrepreneurs. They cover also self-employed persons and agricultural
entrepreneurs. The sco pe of the national law is broader than what EU law requires, as it
even covers entrepreneurs.
6.4 Material scope
The material scope covers the scope of Article 7, and as noted in 5.1, even entrepreneurs.
6.5 Exclusions
There are no exclusions.

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