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The Representation Of Companies In The Management Of The Staff Of The Law

Original Language Title: Laki henkilöstön edustuksesta yritysten hallinnossa

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Law on employee representation in the management of enterprises

See the copyright notice Conditions of use .

In accordance with the decision of the Parliament:

General provisions
ARTICLE 1
Purpose of the law

In order to improve the activities of the company, improve the efficiency of the company and the staff, as well as the empowerment of staff, the staff shall have the right to participate in the business, the economy and the status of the company. To address important issues in the decision-making, executive, supervisory or advisory bodies of the undertaking (staff representation) as provided for in this Act.

ARTICLE 2 (7.12.2007/1128)
Scope of law

This law applies to a Finnish limited company, a cooperative and other economic association, an insurance company, a commercial bank, a cooperative bank, and a savings bank whose number of staff is regularly employed in Finland. At least 150. The application of this law to the organisation of staff participation in cross-border mergers and divisions shall be governed by Articles 9a to 9f.

ARTICLE 3
Choice of the system of employee representation

Staff representation may be organised by contract as provided for in Article 4. Where the representation cannot be agreed, the staff shall have the right to require representation in accordance with Article 5.

Agreement on employee representation
§ 4
Treaty staff representation

Representation of staff in the management of the company may be carried out in accordance with the (334/2007) Article 9 The meeting referred to in paragraph 1 or the advisory committee referred to in paragraph 2 shall agree between the employer and at least two categories of staff referred to in Article 8 of the said law, which together represent a majority of the staff. The recognition of the outcome of the negotiations is in force, as provided for in Article 54 of that Law. (30.3.2007/3)

However, the agreement referred to in paragraph 1 may not derogate from Articles 6, 11, 12 and 15, nor on the validity and responsibility of the member of the institution concerned.

Legal representation of staff
§ 5
Staff representation under the law

Where, as mentioned in Article 4, the representation of the staff cannot be agreed and not provided for in Article 4, staff shall have the right to appoint their representatives and their representatives, if at least two majority of the staff members, together with a representative of the majority of staff, shall: The individual alternates, on the basis of the choice of the undertaking, to the Management Board, the Board of Directors or to the Management Teams or their respective institutions, which together cover the company's performance units.

Staff representatives shall be appointed in addition to the members of the institution concerned. Staff representatives may be a quarter of the number of other members of the institution concerned, but shall always be at least one and not more than four. Staff representatives shall have the same term of office as other members of the institution concerned, unless otherwise agreed in accordance with Article 4. If the maximum term of office is not fixed or agreed, it shall take three years.

Unless otherwise agreed in Article 4, the representation of the staff shall be carried out within one year of the fulfilment of the conditions laid down in Article 2 and the request for representation. Where employee representation has been carried out, there is a change in the structure of the administration, while at the same time changing the structure to reflect the new structure. When the change is due to the transfer of the movement or the merger or division of undertakings, there is a change in staff representation to a later date, but no later than one year after the change in staff representation The claim is made. (24.7.1992)

Notwithstanding the provisions of this Article, staff representation may be agreed to be amended under the conditions laid down in Article 4.

Staff representatives (262.1993/238)
ARTICLE 6 (262.1993/238)
Qualification of staff representatives

The staff member must be a fully-fledged member of the company who is not in bankruptcy or a business ban.

§ 7
Staff representatives elections

Where the selection of staff representatives cannot be agreed between the categories of staff, representatives shall be elected in accordance with, where appropriate, the law on supervision of the protection of workers and the protection of workers in the field of labour protection (131/73) And the Regulation on the supervision of (954/73) Is provided for in the election of the Labour Inspector.

The categories of staff referred to in the Act on Joint Action shall set the candidates for the elections referred to in paragraph 1.

L on the supervision and enforcement of labour protection in the field of labour protection 131/73 Has been repealed by L for the supervision of labour protection and for cooperation in the workplace 44/2006 . Regulation on the supervision of labour protection 954/1973 Has been cancelled. See: L on the supervision of occupational safety and health at work 44/2006 .

§ 8
Adequate and resignation of staff member

If a representative of the staff loses the eligibility referred to in Article 6, resign or is prevented from fulfilling his/her duties, he shall be replaced by a personal representative until such time as the new actual member has been elected or ceases to be aesthetic.

§ 9
Rights, obligations and responsibilities of staff representatives

Staff representatives and the members of the institution concerned shall have the same rights and obligations, subject to the provisions set out below. As far as the other institutions are concerned, the institution concerned shall apply mutatis mutandis to staff representatives.

Staff representatives and their alternates shall have the right of access to the material concerned in the present case to the same extent as other members of the institution. However, the staff member does not have the right to take part in the management of the management, the dismissal, the contractual terms of the management, the terms of employment of the staff or the handling of labour-related measures. The voting rights of the staff representative may be limited by the agreement referred to in Article 4.

If only one representative of the staff is appointed to the Board of Directors, the deputy representative shall also be entitled to participate in the meetings and exercise the power of speech.

Organisation of staff participation in cross-border mergers and divisions (7.12.2007/1128)
§ 9a (7.12.2007/1128)
Application of company domicile law

The organisation of staff participation in the company resulting from the cross-border merger of companies in the European Economic Area, having its registered office in Finland, shall be governed by this law, save as otherwise provided for in Article 9b-9f. Is.

§ 9b (7.12.2007/1128)
Application of European Company Statute

If at least one of the companies involved in a cross-border merger is represented by the European Company (SE) and the SCE Act (758/2004) The system of employee participation referred to in paragraph 12, the special negotiating team referred to in Article 4 (2) of that Law shall negotiate with the competent bodies of the participating companies on the organisation of staff participation. In this case, the organisation of the staff's participation shall be governed by Articles 2 (1), 4 to 12 and 14, 16 (1) (1) and (7) to (9) and (2), Article 18 (1), Article 19, Article 28 (2) and (3), and Articles 29 and 30 Provides. In addition, Article 18 (2) (2) of the Law applies to 33 1/3 % of the application of Articles 28 to 30 of the Act on the participation of the staff, instead of the 25 % laid down therein. The organisation of staff participation also applies to Article 12 (2) to (4) of Council Regulation (EC) No 2157/2001 on the Statute for a European Company (SE).

However, companies participating in a cross-border merger may, without consultation with the staff, decide to apply Article 28-30 of the European Company Statute (SE) and the Statute for a European Cooperative Society (SCE). , with effect from the registration of the company immediately being formed.

Where at least one of the merging companies is a system of employee participation and if the company resulting from the cross-border merger becomes applicable such a system in accordance with paragraphs 1 and 2, the The company must be selected as a form of company which enables staff to participate.

Article 9c (7.12.2007/1128)
Decision not to open or terminate negotiations

The special negotiating team referred to in Article 9b (1) may decide not to open negotiations or to terminate negotiations. The decision shall require a majority of at least two thirds of the votes of the members representing at least two thirds of the staff, including votes cast by members representing staff working in at least two Member States. In such cases, Articles 9b and 9 (f) shall not apply.

Article 9d (7.12.2007/1128)
Limitation of staff participation

If, after consultation with the staff, the subsidiary provisions for the participation of the staff referred to in Articles 28 to 30 of the Statute for a European Company (SE) and the European Cooperative Society (SCE) were to be applied, The participation of staff in the company resulting from the cross-border merger may be restricted. However, the share of staff representatives in the management body of the company being constituted shall not be less than one third if, in any of the merging companies, the employees' representatives represent at least one third of the government or other Members of the governing body.

Article 9e (7.12.2007/1128)
Protection of staff participation rights

If the Finnish company resulting from the cross-border merger will merge with another Finnish company, the rights of employee participation shall not be undermined in the three years following the entry into force of the cross-border merger.

Article 9f (7.12.2007/1128)
Cross-border distribution

As far as the organisation of staff participation in cross-border mergers is concerned, this applies mutatis mutandis to cross-border distribution.

Miscellareous provisions
ARTICLE 10
Exemption from work and compensation

The undertaking shall provide the staff member referred to in this law for an exemption from regular work for the purpose of the representation of the staff referred to in Article 4 or 5, and the staff representatives immediately associated with it. To prepare for mutual preparation and to compensate him for the resulting loss of earnings. In each case, the remainder of the exemption from work and compensation for loss of earnings shall be agreed between the company and the representative of the staff concerned.

Where a staff member participates outside his working time at a meeting of the institution referred to in this Act, the undertaking shall be obliged to pay the appropriate costs and meeting fees for participation in the meeting.

The release of the members of the special negotiating team referred to in Article 9b (1), the loss of earnings and the costs incurred by them, as well as the costs of the negotiating team, shall be subject to the staff representation in the European Company (SE), and Article 34 of the Law on the European Cooperative Society (SCE) provides. (7.12.2007/1128)

ARTICLE 11 (7.12.2007/1128)
Protection of staff representatives

The protection against dismissal of a member of staff and of a special negotiating team within the meaning of Article 9b (1) shall be in force, in accordance with the provisions of the (55/2001) in Chapter 7, Article 10 Provides for the termination of the contract of work of the trustee and the trustee.

ARTICLE 12
Professional secrecy

Unless otherwise specified otherwise provided for by the members of the institution or of the substitutes, the information provided by the undertaking's commercial or professional secrecy may be obtained, the dissemination of which would be liable to harm the undertaking or its Shall be treated only among the employees, staff members and staff members concerned. This information is not allowed to be disclosed to others.

Information on the financial position, state of health or otherwise of a private person shall also be kept in secret unless the person concerned has obtained the permission of the person concerned.

The members of the special negotiating body referred to in Article 9b (1) and the professional secrecy of the experts who assist them shall be subject to the provisions of Article 31 of the Statute of the European Company (SE) and the European Cooperative Society (SCE) Provides. (7.12.2007/1128)

ARTICLE 13 (30.3.2010/220)
Control

The enforcement of this law is governed by the law of the (216/2010) .

ARTICLE 14 (30.3.2010/220)
Periodic penalty payment

The court or tribunal may, upon application, oblige the undertaking to fulfil its obligations under this law. The application may be made jointly by representatives of at least two categories of staff who, together, represent a majority of the staff.

§ 15 (21.4.1995/676)
Penalty provisions

Penalties for breach of Article 11 Article 4 of Chapter 47 of the Penal Code -In.

The penalty for breach of the obligation of professional secrecy laid down in Article 12 Article 2 of Chapter 38 of the Penal Code (2), except where an act other than Article 1 of Chapter 38 of the Penal Code There is a more severe punishment.

ARTICLE 16
Entry into force

This Act shall enter into force on 1 January 1991. However, the obligations referred to in Article 5 and related obligations shall apply to the actual general meeting or meeting to be held after 1 July 1992.

Arrangements for the representation of staff carried out before the entry into force of the law shall be deemed to be in accordance with Article 4, unless at least two categories of staff, which together represent a majority of the staff, require their amendment.

HE 247/89, sosvkms. 11/90, svk.m. 44/90

Entry into force and application of amending acts:

26.2.1993/238:

This Act shall enter into force at the time laid down by the Regulation. (1 January 1994 L 238/1993 came into force on 1 January 1994.)

Annex V to the EEA Agreement: Council Regulation (EEC) No 1612/68 THEY 109/92 , TyVM 12/92

21.4.1995/676:

This Act shall enter into force on 1 September 1995.

THEY 94/93 , LaVM 22/94, SuVM 10/94

24 JULY 1997/724:

This Act shall enter into force on 1 September 1997.

THEY 79/1997 , TyVM 6/1997, EV 81/1997

26.1.2001/68:

This Act shall enter into force on 1 June 2001.

30.3.2007/339:

This Act shall enter into force on 1 July 2007.

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

7.12.2007/1128:

This Act shall enter into force on 15 December 2007.

THEY 124/2007 , TyVM 4/2007, EV 65/2007, Directive 2005 /56/EC of the European Parliament and of the Council (32005L0056); OJ L 310, 25.11.2005, p. 1

22.12.2009/15:

This Act shall enter into force on 1 January 2010.

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

THEY 161/2009 , HVM 18/2009, EV 205/2009

30.3.2010/2:

This Act shall enter into force on 1 July 2010.

THEY 177/2009 , VM 1/2010, EV 5/2010