Appeal against a Wage Guarantee Decision 

Detailed instructions on how to appeal a wage guarantee decision are provided together with the decision.

Employee’s Appeal to the Social Security Appeal Board

An employee may appeal a wage guarantee decision to the Social Security Appeal Board and subsequently appeal its decision to the Insurance Court, for example in cases where:
•    the application has been rejected because it was submitted late,
•    the application has been rejected because the employer could not be established as insolvent,
•    the application has been rejected because the claims are not based on an employment relationship, or
•    the application has been rejected due to suspected misuse of the wage guarantee system.

Employee’s Action in the District Court

If a claim applied for under wage guarantee has been rejected because the employer has disputed the claim, the employee must, in order to preserve their right to wage guarantee, bring an action against the employer in the District Court. If the claim has been rejected because the wage guarantee authority has been unable to establish the grounds for and the amount of the claim, but the employer has not disputed it, the employee must bring an action against the State in the District Court.
If the employer is bankrupt, no action may be brought; instead, the employee must lodge their claim in the bankruptcy proceedings.
After the court proceedings, the employee must submit a new wage guarantee application within three months of the judgment becoming final.

Employer’s Recovery Action

An employer who has been ordered to be liable for payment in a wage guarantee decision may seek a change to their payment liability by bringing a recovery action against the State. If the employer is bankrupt, the dispute concerning payment liability may be resolved in connection with the bankruptcy proceedings.
•    Request for Rectification and Appeal (in Finnish)