The Finnish labor legislation – an introduction part 6
General collective agreement for universities
— the 1600-hour-rule
In this text, I will
discuss some of the common problems researchers
and teachers may face when encountering the working
time system of teachers and researchers, or, “the
1600-hour-rule”, as it is also referred to.
The work plan
The total annual working time of teachers and researchers
is 1600 hours. The collective agreement
requires that a work plan should be done for the
full working year. According to the collective agreement,
the working plan should be compiled in
cooperation with the employee and the supervisor
before the next academic year begins. If need for
revision appears, for example due to a longer period
of sick leave, the work plan must be altered
so that it reflects the changed situation. The problem,
however, often seems to be that the work
plan has not been made at all. Consequently, there
is no work plan to modify, if the need for this rises.
And if there is a work plan, it is often the case that
the employer/supervisor has neglected to revise
it even when there has occurred a need to do so.
Since the work plan, and also revising the work
plan when required, are mandatory, the employer
is in violation of the collective agreement if these
matters are not in order. The shop stewards may
advice and help teachers and researchers on these
occasions.
Free time vs. holiday
The collective agreement allows for a lot of flexibility
for the employees in organizing their own
working hours. Basically, the employees may
work when and where they want. There are some
restrictions to this right, of course, such as the
possible lab hours, teaching or scheduled appointments.
But other than that, the employer may not oversee or make decisions
concerning the working hours
or the place where the work is
done. Orders, or “guidelines”
such as “the employee must be
present at the work place for 3
or 4 days per week”, are not allowed
and constitute a breach
of the collective agreement.
In the 1600-hour-system, the
employees are themselves personally
responsible for taking
the equivalent amount of free
time that they would have as a holiday (2-2,5 days
per month). They are not under obligation to negotiate
or ask for holiday from the employer (of
course, teaching and such things must always be
considered and performed according to the study
plan).
The problem with the 1600-hour-rule system
is that it is not entirely equivalent with the Annual
Holidays Act. The Annual Holidays Act provides
the employees with a certain amount of work-free
days (holidays) per each working month. If there
is a case where the employee has not been able to
have all of their holidays before the employment
contract ends, the rest is always paid out in money.
However, the general collective agreement
for universities appears to be at odds with the Annual
Holidays Act concerning this issue. It does
not provide the same monetary compensation for
those working under a 1600-hour contract. If the
employee has not had all of their holidays when
the contract ends (due to a fixed-term contract
ending or a termination of the employment
contract), according to the collective agreement,
no money is paid out to compensate for the lost
holiday/free time. Therefore, the employee must
always make sure to have their holiday/free time
fully used before the employment contract ends.
For further information please visit:
www.sivistystyonantajat.fi/ tiedostopankki/158/General_collective_agreement_for_universities_1_April_2014_31_January_2017.pdf.
text Mia Weckman
lawyer, the finnish union of
university researchers and teachers
- Painetussa lehdessä sivu 42
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