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The Municipal Law Of The Official Agreement

Original Language Title: Kunnallinen virkaehtosopimuslaki

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Municipal civil service contract law

See the copyright notice Conditions of use .

In accordance with the decision of the Parliament, which has been adopted in accordance with Article 67 of the Statutes,:

CHAPTER 1

Scope of law

ARTICLE 1

In order to establish the conditions of employment of the members of the public office and to safeguard the peace of employment, negotiations shall be conducted in accordance with the provisions of this Act.

The power-holders shall be read in the municipal office or in the temporary public service contract referred to in Article 98 of the municipal law for persons in the municipality or members of the union.

Municipal L 953/1976 Has been repealed by the municipality of KuntaL 365/1995 , see KuntaL 410/2015 87 . See also L municipal collective agreements 670/1970 .

ARTICLE 2

Notwithstanding the provisions of the law, the conditions of employment of a power-holder shall be governed by the conditions laid down in the law. However, the power-holder has at least the advantages which, under the rest of the law, may not be settled by any other law.

The conditions of service are not the criteria for the organisation of the agencies and institutions, or any other machinery arrangement, the creation or termination of the office, the functions of the authority or the internal division of labour, the management of the work, the working methods, or the power ratio, or The creation or termination of a comparable service, with the exception of the period of notice and dismissal. (24.10.1986/765)

The right shall not be:

1) the eligibility conditions required for the post, the duties of the office-holder and not the discipline;

(2) on pensions, survivors' pensions, or any other benefits comparable to them, the amount of the rents of the economic upturn, or the use of other assets of the municipality or the municipality, with the exception of the joint action between the employer and the office-holders; The working space and tools of the person acting; (28.6.1996/485)

(3) the issues on which collective agreements cannot be settled for workers; and (28.6.1996/485)

(4) the extension of the criteria for the termination of the employment relationship laid down by law. (28.6.1996/485)

(24.10.1986/765)

In the case of a non-service contract, and in the case of matters referred to in paragraph 3, which are expressly provided for or imposed, or in addition to the contract agreement, in agreement with the municipal contract delegation, the contracting authority shall: In an individual case.

The provision of the Agreement, which is contrary to paragraphs 2, 3 or 4, shall be null and void.

CHAPTER 2

Mission agreement

ARTICLE 3

The contracting parties and the parties to the negotiation and contracting parties are a municipal contract delegation and a registered association whose main purpose is to supervise the interests of the office-holder in municipal services. (office-holder association) And with which the agreement delegation is considering the conclusion of an agreement.

In the case of an agreement which may be agreed upon by means of an agreement, a municipal delegation may authorise the Municipality or the Association of Municipalities to conclude an official agreement within the limits set by the delegation to the contract.

The form and operation of the delegation shall be governed by law.

A separate agreement may be concluded on a negotiated procedure and on a procedure for safeguarding peace of work or any other procedure (main contract). In the same way, a separate agreement may be concluded on a procedure for the joint action of the municipal or municipal authority and the office-holder in respect of staff matters (Convention). (14.5.1993/436)

The Convention referred to in paragraph 4 shall not depart from the procedures laid down by any other law or regulation. Otherwise, the agreements referred to in paragraph 4 shall be valid, as provided for in the Treaty, unless otherwise specified below. (14.5.1993/436)

§ 4

The contract shall be concluded in writing. The Agreement may also be concluded in such a way that the content of the agreement is entered in the minutes of the consultation held by the negotiating parties, which shall be deemed to be correct in a mutually agreed manner.

§ 5

The contract shall be linked to:

(1) a municipal contract delegation;

(2) municipalities and associations of municipalities;

(3) local central organisations;

(4) officials' associations which have concluded, with the consent of the parties, in writing, in writing, in writing, in agreement with the previous agreement;

(5) the registered associations which, in one or more degrees or in the case of an agreement, have been associations of the associations of officials mentioned in paragraph 4; and

(6) those who have been members of an association who are members of an association who are or have been in force.

Notwithstanding the public service contract, a delegation of the Contracting Parties may determine the conditions of employment of the office-holder, contrary to the terms of the contract, provided that the recruitment or service of the municipal and municipal councils is provided for by the contract. Or any other weighty reasons requiring it. However, a municipal contract delegation shall not be subject to the conditions of employment as agreed in the framework of the contract. (24.10.1986/765)

Before issuing a provision pursuant to paragraph 2, the competent Contracting Party shall consult the parties to the main agreement on the negotiated procedure referred to in Article 3 (4) and consult the municipalities concerned. And some of them. In the case of a large number of municipalities or federations, a municipal contract delegation may be consulted by the municipalities' central organisations instead of municipalities and municipalities. (24.10.1986/765)

The municipal contract delegation may, after consultation with the associations referred to in paragraph 3, determine the terms and conditions of employment of officials representing their municipality or association as employer, for which the binding nature of the contract Is limited in the terms of the contract. The posts in which the holder is to represent a municipality or an association of municipalities as an employer may be individually regulated by a regulation. (24.10.1986/765)

In cases other than those referred to in paragraphs 2 and 4 or in the case of an individual case referred to in Article 2 (4), the association or the Association shall not, in the cases referred to in paragraphs 2 and 4, or in the case of a municipal association, recommend the application of the term of office in the field of application of the contract. The conditions of employment of an office-holder who carries out work outside the contract, in such a way as to be incompatible with the terms of the contract. (24.10.1986/765)

The provisions of paragraphs 1 and 5 shall be complied with only in so far as the municipal contract, the municipality, the association of officials, the association of officials or the holder of the contract are not bound by a contract concluded under the previous conditions, or where: The collective agreement itself does not restrict its binding nature. (24.10.1986/765)

§ 5a (1.2.1991/87)

Where the exercise of an official contract or of an office-holder's salary or other conditions of employment is left to the discretion of the municipality or of the municipal council, the decision-making powers of the municipal council or the federal council may be Municipal law (953/76) Without prejudice to paragraph 2, or otherwise by a decision of the municipal council or of a federal council, the other municipal authority shall be transferred.

Municipal L 953/1976 Has been repealed by the municipality of KuntaL 365/1995 , see KuntaL 410/2015 ARTICLE 91 .

ARTICLE 6

A contract which has not been concluded for a fixed period may, if the period of notice is not otherwise agreed, be terminated in three months' time. For a longer period than four years, the term of office shall be valid for a period of four years, as in the case of a contract with no fixed term of validity. The above provisions also apply to the Convention and the Convention. However, the period of notice shall be equal to six months. (14.5.1993/436)

The same right of dismissal as that of the contract is the association referred to in Article 5 (1) (5) if it has ceased to be an association of the association of the Stakeholder Association. However, the association is bound by the contract for the duration of the contract for the same period as the association referred to above.

The denunciation shall be made in writing.

§ 7

Although the service contract has ceased to be valid, the conditions of employment laid down therein shall continue to be complied with until a new agreement has been concluded and entered into force, unless otherwise agreed or under Article 2 (4).

CHAPTER 3

Peace and work disputes

§ 8

A work-related measure other than a job-lock or strike must not be taken in the form of a work-related action against a service. These shall be prohibited if they seek to influence non-contractual matters other than those provided for in Article 2, or if the law is expressly provided for.

Pustula The execution of the municipality or of a municipal council; and The strike The job standing of a member of the association or association of officials with a view to exerting pressure on the opposing party by suspending all duties of office-holders who are subject to a suspension.

The decision of the municipal and municipal authorities to terminate the proceedings shall be decided by a municipal delegation.

The holder shall not participate in the strike except in the light of the decision of the association association which took place.

§ 9

The contract shall not, in the event of a contract in force, take collective action in respect of the validity, validity or actual content of the contract or in order to resolve the dispute arising from a contractual obligation, in force To amend the contract or to establish a new agreement. This obligation of employment may be extended in the context of the collective agreement. The obligation to do so shall also apply to the association which, with the consent of the association, has been concluded by the sub-association mentioned in Article 5 (1) (5). Unless otherwise agreed, the Agreement on specific issues referred to in Article 3 (4) or other specific issues shall not prevent the adoption of collective action measures in order to reach a new agreement on other issues.

ARTICLE 10

The power-holder association is obliged to ensure that its associations and office holders refrain from any collective action prohibited by Article 8.

The association which is bound by the agreement shall be obliged to ensure that its associations and office-holders affected by the agreement do not infringe Article 9, or the provisions of the contract, in breach of Article 9.

The obligation under paragraphs 1 or 2 of the association shall also include the refusal to grant aid or to assist, or otherwise contribute to, measures which are prohibited, but must seek to: To stop.

ARTICLE 11

It is for the delegation to ensure that the municipalities and the federations comply with the provisions of this Act and the provisions of the contract. Similarly, the obligation to control is in force, as provided for in Article 10, from the obligation of the Association of Officers to supervise the associations under which they are employed.

ARTICLE 12

The administrator shall not be obliged to carry out the tasks assigned to the blockade under the conditions laid down in Article 2 (1) of the Treaty. An office-holder who is not covered in the labour market must fulfil his normal duties, and he is obliged to do so. The provisions of Article 8 (2) shall not prevent the holder from carrying out the work in the field of work.

Protection work ' the work carried out in the context of the implementation of the work struggle is necessary in order to prevent the lives or health of the public or to protect property which, in particular, is endangered by the work of the labour force.

ARTICLE 13

If a municipal contract delegation or an association of officials considers that a work-fighting measure can lead to a serious disruption of society's important functions, no agreement has been reached in the negotiations on the abandonment of a work-fighting measure, or Shall, within five days of the notification referred to in Article 7 of the Act on the settlement of labour disputes, be entitled to notify the Office of the Office of the National Authorising Officers, Escorts the matter to the municipal council, Referred to. (24.10.1986/765)

When, within the meaning of paragraph 1, a working battle measure is considered to be dangerous for society within the meaning of paragraph 1, the contract delegation or the association-holder association shall immediately refer the matter to the Administrative Board.

ARTICLE 14

There are eight members of the Board of Directors. Members who shall be familiar with the working conditions of municipal officials shall appoint a national administrator for three calendar years at a time, four of which shall be composed of representatives of the local contract delegation and four representatives of the associations A proposal from the central organisations. Each member shall be assigned two personal alternate members according to the same criteria. (24.10.1986/765)

If, in the course of the period prescribed by the quorum, neither the delegation nor the officials' associations have made a proposal for the members and alternate members of the Board of Directors, they shall be appointed by the national authorities.

When a member or alternate member in the course of his or her term of office shall resign or die, he shall be replaced for the remainder of his term of office.

§ 15

The Administrative Board shall meet, at the invitation of the National Assembly, to elect a Chairperson and a Deputy Chairperson from among its members.

The expenditure of the Board shall be made from State resources.

ARTICLE 16

A decision by the Commission of the European Parliament on the question of the dangerous nature of the work-fighting measure for society will become the majority opinion. In all other cases, the President's opinion shall be determined by the votes of the President, except in the elections.

The board shall be quorum only in full.

§ 17 (24.10.1986/765)

In the case referred to in Article 13 (1), the Office of the Civil Service Tribunal shall, in the case referred to in Article 13 (1), decide whether to open or extend work-related disputes In the case referred to in Article 7 of the Reconciliation Act, and in the case referred to in Article 13 (2), as referred to in Article 13 (2), when the matter has been referred to the National Board of the Community. The Administrative Board shall notify its decision to the parties to the dispute and to the Office of the Reich.

ARTICLE 18 (24.10.1986/765)

In its decision, the Board of Appeal, if it has concluded the extension of the intended or initiated labour force measure as referred to in Article 13 (1), shall call on the parties to refrain from any part of the action-fighting measure, or Completely. In any event, the proceedings of the Board of Appeal shall not be taken earlier than two weeks after the date of the commencement or extension of the measure initially notified.

§ 19

The provisions of Articles 13 to 18 shall apply in the event that a municipal contract delegation and the association of officials concerned are not mutually agreed.

CHAPTER 4

Penalties for breach of the contract and the provisions of this Act

§ 20

The Court of Justice may, in breach of the provisions of the Civil Service Contract, which is in breach of its provisions, or should have been entitled to know that it is in breach of the provisions of the Agreement, may pay a fine. (27.6.1986/492)

Where a municipal contract delegation, a municipality or a municipal council, in breach of Articles 8 or 9, or fails to comply with the provisions laid down in Article 11, it shall, unless otherwise provided for in the contract, pay damages instead of compensation Compensation penalty.

The same is the law if, contrary to Articles 8 or 9, the association or association of officials fails to comply with the provisions laid down in Article 10. However, the provisions of this paragraph shall not apply to the association which issued the consent referred to in Article 9.

The amount of the fine shall not exceed 50 000 marks for the municipal contract delegation, the Municipality, the Association or the Association, and shall not exceed 200 marks. The Government, after consulting the municipal contract delegation and the central office-holder associations, shall review these marks by reference to the change in the value of the currency by a three-year period. (27.6.1986/492)

ARTICLE 21

In the case of a case of compensation, account shall be taken of all the circumstances identified, such as the amount of the damage, the amount of the blame, the subject that may be given by the other party and the size of the association or of the association. For a specific reason, the penalty payment may be waived. (27.6.1986/492)

The fine shall be payable, unless otherwise provided for in the contract, to the injured party or, in the absence of any damage, to the party at the request of which the judgment was issued. Where there are a number of parties entitled to compensation, the judgment shall be laid down, taking into account the extent of the injury suffered by each of the parties and their members and their members, how the amount of the sentenced person is to be shared between the parties.

§ 22

In the event of a breach of the provisions of the contract of law, the Court of Justice may declare that the contract should not be extended by reason of the contractual extension of the contract.

When an agreement has been declared unravelled against a civil society association, the contract may, within two weeks, be terminated in respect of other associations.

If the contract is declared unravelled by the association, another association which is involved in the contract or who, pursuant to Article 6 (2), has the right to terminate, is entitled to terminate the contract within two weeks.

The contract thus terminated shall cease to be valid.

ARTICLE 23

The participation of the incumbent on the basis of the decision of the Association of Officers of the Association shall not be regarded as an error or a disciplinary offence as a criminal offence.

CHAPTER 5

Miscellareous provisions

§ 24

Without a very compelling reason, the power-holder shall not be prevented from taking part in the negotiations within the meaning of this Law.

ARTICLE 25

No remuneration shall be paid to the holder of the labour force or any other financial gain from the period of time in which the work is prevented from working on the basis of a work-fighting measure against the municipality or the federation. They shall also not be carried out on the basis of the holder of the work carried out by the municipality or the association of municipalities. However, the power-holder has the right to use the official residence during the course of the work.

§ 26

The power-holder may not, by choice, appeal to the Authority in the case referred to in Article 2, or bring it to the attention of the authority or the administrative matter if he or the association has the right to initiate the proceedings. The working court.

§ 27

The time limits for this law shall be valid for the calculation of the prescribed time limits by the Law of 25 April 1930 (150/30) Is provided for.

ARTICLE 28 (101.1997/19)

Within one month of the signing of the contract, the municipal labour market institution shall forward a copy or technical record of the contract to the Ministry responsible for the protection and supervision of the labour market.

§ 29

More detailed provisions on the implementation and application of this law shall be adopted, where appropriate, by a regulation.

ARTICLE 30

This Act shall enter into force on 1 December 1970.

Before the entry into force of this Act, measures may be taken to implement the law.

Entry into force and application of amending acts:

21.12.1979/939:
27.6.1986/492:

This Act shall enter into force on 1 July 1986.

The first amendment to Article 20 (4) should be adopted by the State Council with effect from 1 January 1988.

Before the entry into force of this Act, any breach of the provisions of the provisions of the contract of law and of the action taken shall be subject to prior law.

HE 20/86, mmet miet. 15/86, svk.M. 44/86

24.10.1986/765:

This Act shall enter into force on 1 January 1988 and shall apply to collective agreements concluded after the date of entry into force and to the decisions of the municipal contract delegation, as well as to work-related measures which have been initiated or continue after the entry into force. Article 13 (1) and Articles 17 and 18 shall apply where the declaration referred to in Article 7 of the Law on the settlement of labour disputes must be lodged with the Office of the Reich Office or in Article 13 (2) of the municipal contract law. After the date of entry into force of the Estonian Parliament.

HE 239/84, second Ivhms. 3/86, svk.M. 50/86

1.12.1989/1053

This Act shall enter into force on 1 June 1990 and shall apply to collective agreements concluded after its entry into force.

HE 134/89, sosvkms. 20/89, squatters. 131/89

1.2.1991/20:

This Act shall enter into force on 15 February 1991.

HE 181/90, l-tvs. 26/90, svk.m. 161/90

8.1.1993/24:

This Act shall enter into force on 1 March 1993 and shall apply to collective agreements concluded thereafter.

THEY 328/92 , TyVM 14/92

14.5.1993/436:

This Act shall enter into force on 17 May 1993.

THEY 14/93 , HaVM 6/93

28.6.1996/485:

This Act shall enter into force on 1 July 1996.

THEY 44/96 , HaVM 10/96, EV 99/96

10 JANUARY 1997/19:

This Act shall enter into force on 1 April 1997 and shall apply to collective agreements concluded thereafter.

HE 17 8/1996, TyVM 15/1996, EV 176/1996