The Finnish labor legislation – an introduction part 3
The employment contracts act, part 2/2
A temporary interruption of work and the adjacent
remuneration based on the employer's
decision or an agreement made on the employer's
initiative, while the employment relationship continues
in other respects, is called a lay-off.
While being laid off, employees are entitled
to take on other work. The employer may
lay off employees when there is a financial or
production-related reason for terminating the
employment contract, or if there is a temporary
decrease in duties.
Fixed-term employment contracts end
without giving notice at the end of the contract
period. Employment contracts which are permanent
are terminated by giving notice to the
other party. Unless otherwise agreed, the notice
periods are stated in the Employment Contracts
Act.
If the employer allows the employee to continue
to work after the expiry of the contract or
notice period, the employment is considered to
have continued as a permanent contract.
The employer is not allowed to terminate
a permanent employment contract without
a proper and weighty reason. The overall circumstances
must be taken into account when
assessing the reason. At least the following cannot
be regarded as proper and weighty reasons:
illness, disability or accident affecting the employee,
(unless working capacity is substantially
reduced); participation of the employee
in industrial action arranged by an employee
organization; the employee's political, religious
or other opinions; participation in social activity
or associations, or resorting to means of legal
protection available to employees.
Employees who have neglected
their duties or committed
a breach thereof will
not, however, be given notice
before they have been warned
and given a chance to amend
their conduct.
The employer may terminate
the employment contract
if there has been a substantial
and permanent decrease in
work load for financial or production-related
reasons, or because of the reorganization of the
employer's operations. The employment contract
may not be terminated, however, if the
employee can be placed in or trained for other
duties. At least the following constitute a violation
of the rules of termination: the employer
has employed a new employee for similar duties
either before termination or thereafter even
though the employer's operating conditions
have not changed during this period, or if no
actual reduction of work has taken place as a result
of work reorganization. The employer must
provide employees with a reasonable amount of
training required by new work duties.
The employer is not allowed to terminate an
employment contract on the basis of the employee's
pregnancy or family leave.
If the employee has been absent from work
for the minimum of 7 days without notifying
the employer of a valid reason for the absence
for this period, the employer is entitled to consider
the employment contract cancelled.
On termination of the employment relationship,
the employee is entitled to receive,
on request, a written certificate of the employment.
Any legal action related to the employment
must be taken within 2 years of the end of the
employment.
text Mia Weckman
lawyer, the Finnish Union of
University Researchers and Teachers
- Painetussa lehdessä sivu 44
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