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Opintovapaalaki

Original Language Title: Opintovapaalaki

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Study free law

See the copyright notice Conditions of use .

In accordance with the decision of the Parliament:

Purpose and scope of the law
ARTICLE 1

The aim of this law is to improve the educational and learning opportunities of the working population.

ARTICLE 2

The term 'study leave' means the duration of the law which the employer has released for the purpose of carrying out the duties of a worker for the purpose of training or study. The modalities for the granting of study leave are laid down in a more detailed regulation.

The study-free period shall not permit the period during which an employee, on the instructions of the employer, is studying or receiving training, or in respect of which contracts of employment or seniority have been agreed that the training or the study shall be treated as an employment, or Where the worker is involved in the statutory training required for his profession, unless the employee agrees in writing. (17.12.1993/1178)

As far as student leave is concerned, this law also applies, mutatis mutandis, to the time taken by a farmer or other person who makes use of his/her own work for equivalent studies or training.

ARTICLE 3

This law shall also apply to a State, a municipality or any other public entity governed by public law, or to a person comparable to it.

For the purposes of this Act, the employer shall also mean the entity referred to in paragraph 1.

This law does not apply to apprenticeship (242/67) , and not the employees or other servants who study in the course of studies or training in a supervised practice.

Apprenticeship 422/1967 Has been repealed by L 1605/1992 , see L vocational training 62/1998 ARTICLES 17 TO 18.

Study free entitlement
§ 4 (171.1997/58)

An employee whose full-time employment relationship with the same employer in one or more sections of the same employer has lasted at least one year shall be entitled, within the limits set out below, to receive study leave for the same employer over a period of five years For a maximum of two years. In the same way, the worker is entitled to a maximum of five days of study leave, provided that a full-time employment relationship with the same employer in one or more episodes has lasted at least three months.

§ 5 (05.09.1986/663)

Study free can be granted in the context of training under public supervision.

Freedom of study may also be granted for trade union training, as provided for in the contract of employment between national social partners, and participation in training courses for farmers. As provided for in the separate provision. (17.12.1993/1178)

Study free may also be granted for studies comparable to those referred to in paragraph 1 for study abroad. (171.1991/42)

The Regulation further provides for the forms of training and education referred to in paragraphs 1 and 2.

ARTICLE 6

The duration of the study shall be deemed to be in accordance with the provisions of the Conditions of Employment of non-statutory, non-statutory, financial benefits, in so far as it has been agreed upon in the form of contract or contract agreements. (17.12.1993/1178)

The annual leave and pension benefits determined on the basis of the study leave are provided separately.

The procedure for applying and granting a study grant
§ 7

The procedure for applying and granting a study grant is governed by a regulation.

§ 8

If, during the period within the meaning of the application, the grant of a study grant would cause appreciable harm to the activity pursued by the employer, the employer has the right to transfer a period of study to a maximum of six months or, if so, when: Less than six months of recurrent training, up to a maximum of until the next level of training takes place.

The employer shall have the right to transfer the period of study, as provided for in paragraph 1, even if less than six months have elapsed since the previous period of study, and the duration of the study period is not to be completed Study or training commenced during the period of study.

Where there are at least five persons employed on a regular basis by the employer, a maximum of two consecutive transfers shall be made on the grounds referred to in paragraph 1.

§ 9 (13.4.2007)

If, at the time of applications for study, the granting of study leave to all the applicants would give a significant disadvantage to the activities carried out by the employer and, therefore, the freedom cannot be granted to all, Access to education and primary school syllabus. If, on this basis, the priority order cannot be resolved, priority shall be given to those who have received the least training. Before making a decision, the employer shall consult with the employees' representatives in accordance with the provisions of the Chapter 6 (334/2007) Or the law on cooperation between employer and staff in municipalities (1049/2007) The negotiated procedure.

§ 9a (05.09.1986/663)

If you do not give a serious disadvantage to the employer, you may delegate the use of credits over five days.

Notification of the non-utilisation of the study shall be made at least two weeks before the start of the study period.

Adjournment suspension
ARTICLE 10

When study leave has been granted for longer than 50 working days, the worker has the right to suspend study and return to work.

If an employee wishes to exercise the right under paragraph 1, he shall notify it at least four weeks before his return. (171.1991/42)

In the event of illness, childbirth or accident, the incapacity for work begins during the period of study and continues for a continuous period of more than seven days, does not exceed a period of study during the period of study, provided that: An employee without undue delay so requests. Without prejudice to Article 8 (2), the worker shall have the right to use such a suspension at a later date.

If the contract for the placement of a substitute for a period of study has been concluded, the employer shall not be obliged to take the applicant for study during the period during which the contract of employment is to be maintained according to the law or collective agreement.

More detailed provisions for the suspension procedure referred to in this Article shall be adopted by the Regulation.

Outstanding provisions
ARTICLE 11

The employee may not terminate or terminate the contract on the grounds that he has applied for or taken leave of study.

Paragraph 1, which provides for the termination and termination of the employment contract, shall apply mutatis mutandis to the termination of any other service.

ARTICLE 12

The compulsory use of a study shall be the subject of a teaching or training organisation, or the recipient of a study, to provide the student with a certificate according to the conditions laid down by the Regulation. At the employer's request, the employee must present this certificate to his employer.

If, in the absence of an acceptable reason, a student has failed to participate in education or training to the extent that the certificate referred to in paragraph 1 cannot be awarded to him, the employer shall have the right not to grant: For him during the next two years. In addition, he loses the rights referred to in Article 6 during the period of study.

ARTICLE 13 (17.12.1993/1178)

The provisions of Articles 4 to 10 of this Act may be waived by a contract of employment or service agreements.

The provisions of the collective agreement concluded pursuant to paragraph 1 shall be governed by the law on collective bargaining (166/46) In the case of workers who are not bound by a collective agreement but whose employment relationships otherwise comply with the provisions of the collective agreement. If the contract is so agreed, the terms of the collective agreement may, after the termination of the collective agreement, comply with the terms of the collective agreement, pending the entry into force of the new collective agreement, in the employment relationships where the provisions would apply if: The collective agreement would remain in force. (26.1.2001)

Article 13a (26.1.2001)

Employer who must comply with the contract law (55/2001) in Chapter 2, Article 7 , may also comply with the provisions laid down in Article 13 of this law in the field of application of the collective agreement, unless the application requires a local agreement. The final sentence of Article 13 (2) shall also apply.

ARTICLE 14

Any breach of the provisions of Articles 4, 8, 10 or 11 of this Act must be condemned: Violation of the provisions of the study law Fine.

The offence provided for in paragraph 1 shall be prosecuted by the prosecutor only when the plaintiff has declared the offence to be charged. (13/05/482)

§ 15

Compliance with this law will be subject to cooperation between the teaching and labour and the labour inspecting authorities, as laid down in the regulation.

Act on the organisation of annual leave and surrogate by the employment offices and the farmer in the labour district offices (102/78) Shall assist in the organisation of the necessary support for the implementation of this law.

L has been repealed by L for the provision of replacement aid for a farmer's annual leave. 2/1985 , see Groundsfor farmers' holidays 1231/1996 .

ARTICLE 16

More detailed provisions on the implementation and application of this law shall be adopted by the Regulation. For the procedures provided for in this Act, the Regulation may provide for derogations from the officials and staff referred to in Article 3 (1).

§ 17

This Act shall enter into force on 1 January 1980.

Entry into force and application of amending acts:

16.5.1980/342:

This Act shall enter into force on 1 June 1980.

5.9.1986/663:

This Act shall enter into force on 1 January 1987.

HE 47/86, sosvkms. 11/86, svk.M. 76/86

17.1.1991/42:

This Act shall enter into force on 1 February 1991.

HE 293/90, sosvkms. 51/90, svk.M. 255/90

17 DECEMBER 1993/1178:

This Act shall enter into force on 1 January 1994.

THEY 255/93 , HaVM 21/93

17.1.1997/58:

This Act shall enter into force on 1 February 1997.

THEY 78/1996 AVM 18/1996, EV 245/1996

22.01.1999/35:

This Act shall enter into force on 1 March 1999.

THEY 253/1998 , AVM 16/1998, EV 244/1998

26 JANUARY 2001:

This Act shall enter into force on 1 June 2001.

THEY 157/2000 , TyVM 13/2000 EV 215/2000

30.3.2007/34:

This Act shall enter into force on 1 July 2007.

THEY 254/2006 , TyVM 15/2006, EV 286/2006

13.4.2007:

This Act shall enter into force on 1 September 2007.

THEY 267/2006 , TyVM 17/2006 EV 308/2006

13.5.2011/482:

This Act shall enter into force on 17 May 2011.

THEY 286/2010 , LaVM 34/2010, EV 311/2010