Questions and answers about municipalities’ responsibility to organise services
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Under the Local Government Act, the party responsible for organising services ensures the equal availability of services and other measures, determines their need, amount and quality, sees to the method of provision and monitoring of provision, and exercises the powers vested in the authorities.
In practice, this means that the party responsible for organising services decides how these duties are handled in its area. Therefore, individual duties can generally be transferred to member municipalities. As municipalities are authorities, it is also possible for the party responsible for service organisation to conclude an agreement with them on the handling of official duties. This requires that the party responsible for organising services makes a decision on the matter and agrees on it with the municipalities in question.
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Municipalities will receive funding for the duties as general central government transfers to local government. This means that funding will be allocated to each municipality, and the municipalities remunerate the party responsible for organising services in the form of a) a member contribution to the joint municipal authority, or b) a payment share to the host municipality.
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Ideally, yes. However, as the local government structure is still quite heterogeneous and a significant number of municipalities have very limited resources, this is not possible for services such as those now being transferred from central government, which are inherently linked to fundamental rights. Instead, the provision of services must be ensured through municipal cooperation.
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The local government pilots on employment will continue until the responsibility for organising TE services is transferred to municipalities. The pilots provide a solid basis for the creation of future employment services areas. However, the creation of new areas responsible for organising services requires cooperation agreements to be concluded either on joint decision-making bodies (the host municipality model) or on the establishment of joint municipal authorities.
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The government has the ultimate decision-making authority. However, it will exercise this authority only if the municipalities have not concluded cooperation agreements within the period of time provided by law. In this case, the government will determine the area, ensuring that the criteria for the responsibility to organise services are met.
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As a rule, the areas responsible for employment services will handle their own purchases. However, joint procurement is desirable.
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This is one of the most significant questions of the reform. To ensure the equal provision of services, the party responsible for organising services will be required to meet specific criteria.
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When the responsibility for organising services is transferred to municipalities, the duties will, in all respects, come under the scope of legislation applying to municipalities. In practice, this means that the provisions of the Local Government Act concerning municipal activities and oversight will be applied.
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Many aspects related to employment services can be agreed by the party responsible for organising services and the member municipalities. However, it is essential that the party responsible for organising services retains the option to assume full responsibility for the services, if required.
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Changes in the labour base must be considered and, if necessary, cooperation agreements need to be amended. The Act will lay down provisions on a review period of 3 years.
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The Government may authorise a municipality or municipalities forming an employment area to organise employment services even if the number of employees in the municipality or the employment area is below 20,000 if:
- forming a functional entity required for the provision of employment services is not practical due to the vast stretches of archipelago or long distances;
- it is necessary for ensuring the linguistic rights of Finnish-speaking or Swedish-speaking residents;
- it is necessary for ensuring the rights of the Sámi people with regard to their language and culture;
- the establishment of an employment area would require the combination of several employment areas based on Statistics Finland’s statistical classification; or
- granting an exception is justified on the basis of other special factors related to the region or the organisation, need or costs of services or other factors.
All exceptions would be subject to the requirement that the municipality or employment area has allocated sufficient financial and human resources to the arrangement of employment services and that the level and standard of services would not drop due to the exception. A municipality or an employment area would have to apply for an exception to the government and include its plan for arranging employment services with the application.
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The surveys conducted in connection with preparations indicate that in view of, for example, the transferred personnel resources, a minimum labour force of 20,000 enables the establishment of a system that can secure the availability of services. However, it would be preferable that the areas were larger than this.
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No. No such aspects have been observed at this stage that would call for regulation on the maximum size.
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When preparing the reform, a balance must be found between two different requirements – that of securing fundamental rights and that of ensuring municipal autonomy. The task of organising services will be transferred from central government to municipalities, and it is closely linked to fundamental rights. The transfer must be planned so that service availability can be safeguarded in the future.
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In principle, yes. At this stage of preparations, there is no known obstacle to forming an area with municipalities belonging to different wellbeing services counties. However, this calls for excellent cooperation among the municipalities, the areas in charge of employment services and the wellbeing services counties.
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Provisions on the size of personnel resources have not been discussed at this stage of preparations.
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There are no plans to specify distances or other measurements in the regulations.
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At this stage of preparations, no aspects preventing this have been observed.
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The utilisation of the municipal ecosystem is a topic that will be discussed and agreed in the local government collaboration areas.
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There is no common definition for the municipal ecosystem, and it is not a term used in legislation, for example.