The Law Of The Evangelical Lutheran Church Official Option Agreements

Original Language Title: Laki evankelis-luterilaisen kirkon virkaehtosopimuksista

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Read the untranslated law here: http://www.finlex.fi/fi/laki/ajantasa/1974/19740968

In accordance with the decision of the Parliament, which is made in the order in the manner set out in section 67 provides: 1 the scope of the law, section 1 of the chapter (2005/830) of the Evangelical-Lutheran Church kuntain owners in order to strengthen the conditions of employment of civil servants in order to safeguard the freedom of negotiation of agreements and criteria, as this is required by law.
What this law of the Church or of the holder of the authorities of the Church, the Church or church group or apply by analogy to the officials.


Article 2 of the conditions of employment of the owners is without prejudice to what is laid down in the law, in effect what the post option agreements. However, the benefits of which are not less than those due to inadequate conditions, according to the law on his part.
Conditions of service are not in the order of church agencies and institutions shape the criteria or the rest of the creation of the official machinery of the arrangement, or the tasks of the authority or the abolition of the internal division of labor, work management, working methods and the conditions of employment of the official birth of the relationship or a comparable, or their termination, with the exception of the period of notice. (18.11.1988/964)
Agree to not: 1) the criteria for the eligibility criteria for the competent authorities, the responsibilities of the holder of the official promotion, administrative and discipline; (18.11.1988/964) 2) pensions, survivors ' pensions or other benefits, the ratio of comparable homes in the amount of rent, or the use of other property of the Church, except for the yhteistoimintatehtävässä between an employer and a person on public workspaces and tools; and (18.11.1988/964) 3) of those things, which by means of collective agreements cannot be for workers to agree on.
The issue, which is not an official agreement, and (3) the matters referred to is valid, what of them separately or provided for, or in addition to the official alternative to the Evangelical Lutheran Church, with the agreement of the authorities of the establishment of the labour market in an individual case shall be agreed upon with the holder of the sopimuspalkkaisen. (2005/830)
, Which is contrary to paragraph 2, 3 and 4, shall be null and void.
Chapter 2-3 of the Official alternative to the contract and the Contracting Parties are the Church as employer and a registered association whose actual purpose is to monitor the conditions of employment of the interests of the owners of the relations of the Church (the owner) and with which the employer will consider appropriate official alternative to the conclusion of the contract. (2005/830)
The issue, which will be official option by means of agreements concluded by the Church as employer can empower the Church, for its part, to the condition of the labour market, within the limits laid down by the treaty body. (2005/830)
The order form and on the functioning of the labour market Department of the Church specifically provided for by law. (2005/830)
A consultation procedure as well as to the safeguarding of peace ' or the rest of the procedure can be done in a separate agreement (the main contractor). By the consultation procedure also may be imposed on matters relating to conditions of employment, which cannot be agreed upon. The same can be done with a separate agreement laying down of the staff in the management of the Affairs of the Church and on the procedure for the owners of cooperative activities (Convention). (15.1.1999/9)
Within the meaning of paragraph (4) of the Convention shall not derogate from any other law or regulation. Otherwise, the agreements referred to in subparagraph 4, is valid, what the official alternative to the agreement lays down, subject to section 6 (1) of the article. Article 4 (15.1.1999/9) the official alternative to the agreement shall be made in writing. The agreement can also be done in such a way that the content of the agreement shall be entered in the minutes of the meeting held by the Conference of the parties established, by common accord, of services in the States.


section 5 (2005/830) option in the agreement are: 1) the Church as employer;
2) the Church;
3 the holder of the public associations) have made the post condition of the contract or the agreement of the parties concerned in writing of the earlier agreement to later join;
4) registered associations, that one or more of the degrees are in or under the agreement have been the holder of the authorities referred to in paragraph 3 of the associations alayhdistyksiä; and 5) the officials who are or have been the life of the agreement is an agreement bound members of the Association.
The Church as employer can impose their church as an employer, the conditions of employment of the representative authorities of the holders, in respect of which the term of validity of the official alternative to the circle of the condition in the contract.
Except in the cases referred to in paragraph 2 shall not be imposed, or to agree on the scope of application of the agreement, the official alternative to the outside of the agreement, the work of carrying out the official alternative to the meaning of the agreement, the conditions of employment of the holder of the public authorities in such a way that they are in conflict with the official criteria.
Paragraphs 1 and 3, is to be followed only in so far as the labour market institution of the Church, the Congregation, the holder of the Association or the holder of a public authority is not bound to an earlier post on the condition that the terms of a contractual or official alternative to the circle of the binding character of the agreement is not limited.


section 6 of the Official alternative to the agreement, which has not been made for a specified period, subject to a notice period, the agreement may be party to it has been otherwise agreed, Cancel to finish in three months ' time. For a longer period than four years was the official agreement is four years after the agreement, valid as an official alternative to the period of validity of which is not fixed. What has been said above, also applies to the term and the Convention. However, the notice period is six months, respectively. (15.1.1999/9)
The same right of withdrawal as a contract player at section 5, as referred to in paragraph 4 of the Association, if it has ceased to be a sum in the agreement of the Association alayhdistys. Alayhdistys, however, is tied to the official agreement for the same period as the agreement on the part of the Association.
The termination must be made in writing.


Article 7 of the agreement, although the post has ceased to be valid, must continue to comply with the conditions of employment of the conditions set out therein, these activities shall, until the entry into force of the new agreement and, unless otherwise agreed.
Chapter 3 get on with their work and the conditions of employment of Other existing labour disputes to the relationship between article 8 of the Convention on the non-proliferation or collective action as the strike must not be taken. These, too, are prohibited if they seek to influence other than under article 2 of the agreement, making matters, or if the law expressly so provided.
For the purposes of the Church ascribes responsibility to work with, and this was how they figure the Association's work stoppage by the Church, the purpose of which is to exert pressure on the opposing party työriidassa by suspending the stoppage of the owners of all of the limits laid down in the official conduct of the activities below.
To take the work of the non-proliferation of the Church to decide the Church as employer. (2005/830)
The holder of a public authority shall not take part in the strike, other than on the basis of the decision of the Association to the holder of the new authorities.


Article 9 of the agreement shall not be bound by the official alternative to the life of the agreement is to take industrial action and the validity of the agreement, the validity of the content of the request or on a contractual right or to have arisen in order to settle the dispute, for the purposes of amending the agreement or force a new contract. This obligation may be the official alternative to the agreement to extend the right to work. To get on the obligation also applies to associations, article 5 of which 4, with the agreement of the Association referred to in paragraph alayhdistys is made a post in the condition of the contract. Section 3 (4) of the specific issues referred to in the rest of the period of validity of the contract or only does not prejudice to take industrial action in order to achieve agreement on a new, other issues, unless otherwise agreed.


section 10 of the official association is obliged to ensure that its associations and officials shall refrain from taking any measures which are prohibited under section 8 of the collective action.
The official agreement tied to the society has an obligation to ensure that its associations and officials, which the agreement applies, do not violate the right to work in accordance with section 9 of the obligations and the provisions of the agreement.
The Association of 1 or 2, the obligation also includes the fact that it must not support or assist the prohibited industrial action or otherwise to contribute to the measures, but has a duty to work towards their elimination.


section 11 (21 October 2005/830) of the Church as employer is obliged to ensure that the provisions of the laws of the Church and this option, the provisions of the agreement. The obligation is in force for the control, provides in article 10 the holder of the obligation of the Association to monitor the staff associations of public authorities.


Article 12 of the holder of the public authorities shall not be obliged to carry out the work of lock, strike or permitted under article 2 subject to the embargo for the tasks. That is not covered by the public authorities of the holder of the Finnish paper industry must meet normal obligations, in addition to which he is required to do the protection work. Article I, section 8 is provided does not prevent the holder from making protection of public authorities covered by the Finnish paper industry work.

The work refers to the work on the protection of the industrial action, which is essential to either of the life or health of the public in order to prevent jeopardising or a property, as a result, in particular, set out in the Finnish paper industry.
Efforts must, however, be carried out by the holder of the official Church law (635/64) of referred to in Chapter 4 to 13.

KirkkoL 635/1964, repealed by KirkkoL:lla 1054/1993.

Chapter 4 of the official alternative to the Treaty and of this law, the penalties for infringements of the provisions of article 13 of the Treaty of tietensä, which is bound by the official alternative to the breach or that would be reasonably have been aware that it was infringing the provisions of the agreement, the labour court may be ordered to pay the fine to the credit memo. (11.12.1987/1001)
If the labour market institution of the Church, or the Church is 8 or 9, contrary to the provisions of the article, or fails to comply with the provisions of article 11, it is required to pay damages in lieu of the credit memo to a fine, unless the official alternative to the otherwise provided in this agreement. (2005/830)
The same is the law, if the holder of the Association is 8 or 9, contrary to the provisions of section, or fails to comply with the provisions of article 10. The provisions of this article, however, does not apply to the issuing of consent referred to in article 9.
Credit the amount of the fine shall be the institution of the Church, congregation or Association of the labour market in respect of not more than 14 000 euros and a maximum of EUR 56. The State Council will be the holder of the key labour market institution and the Church authorities, in consultation with the associations, check out these amounts of money change in the value of the kolmivuotiskausittain. (2005/830) section 14 of the credit memo to a fine, while condemning, account shall be taken of all the circumstances, including the amount of the damages, the amount of guilt, the other party's breach of any given by the subject of the Association or the Church as a whole. For a special reason, it may be fine to leave the credit memo. (11.12.1987/1001)
The fine to be paid by the official condemnation of the credit, unless otherwise provided in this agreement, the condition of the injured, or if the damage is not the result of the request, the party which the judgment was given. When there are several interested parties, is entitled to the indemnity in the judgment order, taking into account the edustettavien of each of the members of the party and the amount of the damage suffered and how doomed is between the parties.


the provisions of article 15 of the agreement is the official alternative to the so At materially breached, that other agreement on the continuation of the contractual relationship may reasonably be required for sidotuilta, the employment tribunal may declare to be dissolved as soon as the agreement.
When the contract is one of the official Association against the distance travelled has been declared to be dissolved as a result of the action, can be used to terminate the contract within two weeks of the other associations.
If the contract is dissolved, it is another action of the Association declared the Association, which is a party to the agreement or which has, according to article 6, the right of withdrawal, the right to withdraw from the agreement in two weeks.
This terminated the contract shall cease as soon as to be in force.


section 16 of the public authorities, on the basis of the holder's participation in the Government to implement the decision of the Association the Association of the holder of the industrial action is not to be regarded as the Act of a crime and disciplinary officials of the latter.
Chapter 5 miscellaneous provisions article 17 of the holder of the public authorities shall not, without a very compelling reason to prevent the authorities from taking part in the holder as a representative of the Association as referred to in this Act.


section 18 of the Efforts of the authorities covered by the holder does not run the financial interests of the remuneration and the other at the time, the work is unable because of the measure of the targeted industrial action in the Church. Furthermore, they must not be performed by the work of the Church authorities, subject to the holder of the lock. The holder of the public authorities, however, have the right to use during the official home.


section 19 of the officer may not be appealing to appeal against the decision of the authority referred to in article 2 of the fact, or could the adjustment requirements, or the Governing Board as a matter of dispute, if he or she, or the holder of the right of a public association is to commence at the Labour Court.


section 20 of this Act shall apply to the time limits laid down in the times under the provisions of the code of civil procedure (150/30).


section 21 (21 October 2005/830), the church body of the labour market, within one month after the signing of the agreement, shall provide a copy of the official criteria or technical recording contract from the Ministry of Social Affairs and health.


the implementation of this law, the provisions of section 22 of the more detailed provisions as may be necessary.


pursuant to article 23 of this law shall enter into force on 1 January 1975.
Before the entry into force of the law can be used to take the measures needed to implement the law.

The change of the date of entry into force and the application of the acts: 11.12.1987/1001: this law shall enter into force on 1 January 1988.
The Council of State to run for the first section 13 (4) of the date of entry into force of the amendment within three months of the law, so that the amendment may relate to three years lyhyempääkin time.
Before the entry into force of this law which took place the official alternative to the provision of the previous law shall apply to the measure in question and to take industrial action.




18.11.1988/964: this law shall enter into force on 1 January 1989.




1.12.1989/1054: this law shall enter into force on 1 June 1990 and it shall apply to contracts concluded after the entry into force of the official criteria.




8.1.1993/25: this law shall enter into force on 1 March 1993 and it shall apply to contracts concluded after the official criteria.
THEY 328/92, 16.12.1993 TyVM 14/92/12:10.01.1997/20: this law shall enter into force on 1 April 1997 and it shall apply to contracts concluded after the official criteria.
THEY 178/1996, TyVM 15/1996, EV 176/1996/9, 15.1.1999: this law shall enter into force on 1 March 1999.
THEY are 215/1998, HaVM 13/1998, EV 186/1998 of 21 October 2005/830: this law shall enter into force on 1 January 2006.
THEY'RE 101/2005, HaVM 14/2005, EV 108/2005