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The Law Of The Evangelical Lutheran Church Official Option Agreements

Original Language Title: Laki evankelis-luterilaisen kirkon virkaehtosopimuksista

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Law on civil service contracts for the Evangelical Lutheran Church

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 (21.10.2005)

In order to establish the conditions of employment of the officials of the Evangelical Lutheran authorities, the conditions of employment and the protection of the peace of employment are negotiated in accordance with the provisions of this Act.

What is provided for in this law from a parish or a successor to the parish shall likewise apply to the church or the congregationgroup, or to their officials.

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 parish offices and institutions, or any other organisation of the machinery, 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 and the The establishment, or the termination of, or the cessation of, the relationship or termination, except for the period of notice. (18.11.1988/964)

The right shall not be:

(1) the eligibility criteria, the seniority criteria, the duties of the office-holder and not the discipline; (18.11.1988/964)

(2) on pensions, survivors' pensions or any other benefits comparable to those, the number of rentals of the economic upturn, or the use of other assets of the church, except for the joint action of the employer and the The person's work facilities and tools; and (18.11.1988/964)

3) on the issues on which collective agreements cannot be agreed for workers.

Where there is no contract, and the matters referred to in paragraph 3 are in force, which are expressly provided for or prescribed, or in addition to the contract of law, with the agreement of the Evangelical Lutheran Church Labour Organisation In an individual case, a contract shall be agreed with the contracting authority. (21.10.2005)

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 parties to the negotiations and the parties are the labour market institution of the church and the registered association which, for the proper purposes, involves the monitoring of the interests of the holder in the service of the church ( Association-holder association ) And with which the labour market institution considers it appropriate to conclude a contract. (21.10.2005)

On the subject of collective agreements, the Church's labour market institution may authorise the church itself to conclude a collective agreement within the limits imposed by the labour market institution. (21.10.2005)

The organisation and functioning of the labour market organisation of the church shall be governed by law. (21.10.2005)

A separate agreement may be concluded on a negotiated procedure and on a procedural or other such procedure ( Main contract ). The agreement may also provide for a negotiated procedure in matters relating to conditions of employment which cannot be agreed. In the same way, a separate agreement may be concluded on a procedure for the joint action of the congregation or conglomerate and the office-holder ( Convention ). (15.1.1999/ 9)

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, subject to the provisions of Article 6 (1). (15.1.1999/ 9)

§ 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 (21.10.2005)

The contract shall be linked to:

1) the church labour market;

2) the church;

(3) officials' associations which have concluded, in agreement with the previous agreement, in writing, and in agreement with the parties involved in the previous agreement;

(4) 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 3; and

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

The labour market institution of the church may lay down the conditions of employment of those who represent their successors as employers, in respect of which the binding nature of the contract is restricted in the context of the collective agreement.

Otherwise, except in the cases referred to in paragraph 2, the conditions of employment of an office-holder carrying out the work referred to in the terms of the contract for the application of the immunity agreement may not be imposed or agreed in such a way as to: They are in conflict with the term of office.

The provisions of paragraphs 1 and 3 shall be complied with only in so far as the church's labour market organisation, church, office-holder or office-holder is not tied to a collective agreement under the previous conditions or under the terms of the contract. Its binding list is limited.

ARTICLE 6

A contract which has not been concluded for a fixed period may be concluded by the contract, unless otherwise agreed, the termination of the contract shall be terminated after three months. 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. What has been said above also applies to the Convention and the Convention. However, their period of notice is equivalent to six months. (15.1.1999/ 9)

The same right of dismissal as that of the contract is the association referred to in Article 5 (1) (4) 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.

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.

'Job bracket' means a job standing by the congregation and by a strike on the congregation of the Society for the purpose of exerting pressure on the opposing party by suspending the holder of a job-standing office; Carrying out all official duties within the limits set out below.

The church's labour market institution is decided by the church to decide on a job. (21.10.2005)

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 agreement of the Association, has concluded an agreement with the association, subject to the consent of the association. 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 (21.10.2005)

The labour market institution of the church is obliged to ensure that the churches comply with the provisions of this law 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 their associations.

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) do 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.

However, the office-holder must carry out the church law (185/64) The tasks referred to in Chapters 4 to 13.

KirkkoL 635/1964 Has been repealed by KirkkoL 1054/1993 .

Chapter 4

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

ARTICLE 13

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. (11.12.1987/1001)

If, contrary to the provisions of Articles 8 or 9, the church's labour market institution or church fails to comply with the provisions of Article 11, it shall pay a fine instead of damages, unless otherwise provided for in the contract. (21.10.2005)

The same is the law if, contrary to the provisions of Articles 8 or 9, the Office of the holder fails to comply with the provisions of 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 EUR 14 000 for the Church's labour market institution, congregation or association, and a maximum of EUR 56 for the holder. The Government of the State, after having consulted the Church's labour market organisation and the central office-holder associations, shall review these amounts by the three-year period of the change in the value of money. (21.10.2005)

ARTICLE 14

The judgment shall take account of all the circumstances which have been raised, such as the amount of the damage, the amount of blame, the subject of the other party's infringement and the size of the association or of the congregation. For a specific reason, the penalty payment may be waived. (11.12.1987/1001)

The fine shall be payable, unless otherwise provided for in the contract, to the injured party or, if there is no injury, to the party at the request of which the judgment has been 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.

§ 15

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 16

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

§ 17

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 18

No remuneration shall be paid to the holder of the labour force or any other financial gain from the date on which the work is prevented by the collective action taken against the congregation. In addition, they are not carried out on the basis of the holder of the work carried out by the congregation. However, the power-holder has the right to use the official residence during the course of the work.

§ 19

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.

§ 20

For the purposes of this Act, the law on the calculation of the prescribed time laws shall apply (150/30) Provisions.

ARTICLE 21 (21.10.2005)

Within one month of the signing of the contract, the church labour market institution shall forward a copy or technical file to the Ministry of Social Affairs and Health.

§ 22

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

ARTICLE 23

This Act shall enter into force on 1 January 1975.

Before the law enters into force, measures may be taken to implement the law.

Entry into force and application of amending acts:

11.12.1987/1001:

This Act shall enter into force on 1 January 1988.

The first amendment to Article 13 (4) will be carried out by the Council of State within three months of the entry into force of the law, in which case the amendment may cover a shorter period of three years.

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.

18.11.1988/964:

This Act shall enter into force on 1 January 1989.

1.12.1989/1054:

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

8.1.1993/25:

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

THEY 328/92 , TyVM 14/92

16.12.1993/1246:
10 JANUARY 1997/20:

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

THEY 178/1996 , TyVM 15/1996, EV 176/1996

15.1.1999:

This Act shall enter into force on 1 March 1999.

NO 215/1998 , HaVM 13/1998, EV 186/1998

21 OCTOBER 2005/830:

This Act shall enter into force on 1 January 2006.

THEY 101/2005 , HVM 14/2005, EV 108/2005