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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Read the untranslated law here: http://www.finlex.fi/fi/laki/ajantasa/1990/19900725

In accordance with the decision of the Board of the General provisions of section 1 of the Act provides that the purpose of the development of the activities of the enterprise, to improve cooperation between the company and the staff, as well as the empowerment of staff personnel shall have the right to participate in the company's business, the economy and the role of the staff of the top concerns of the company decision-making, Executive, administrative or advisory bodies which regulate (representation), as this is required by law.

2 section (7 December 2007/11) the scope of the law this law shall apply to a Finnish public limited company, cooperative, and the rest of the Economic Association, the insurance company, the commercial bank, the share of the Bank, as well as savings in the Bank, which employed a number of employees in Finland on a regular basis is at least 150. The application of this law, the organisation of cross-border merger and the participation of the staff of the Division provided for in article 9 (a) and 9 (f):.

section 3 of the staff of the system of choice for Staff representation can be arranged by agreement, as provided for in article 4. If mediation cannot be agreed upon, the implementation of the personnel shall have the right to require representation in accordance with article 5.

Article 4 of the agreement on the representation of the staff of the contractual staff representation in the management of the staff of the representation of the company can be done in the way of collaborating with the companies Act (334/2007) in the case referred to in subparagraph (1) of article 9, a meeting, or in the case referred to in paragraph 2 shall be agreed between the employer and a negotiated for at least two of the said article 8 of the law referred to in the staff group, which together represent the majority of the staff. The result of the Conference registration is valid, what provides in article 54 of the law. (as at 30 March 2007/339)
Within the meaning of subparagraph (1) above, this agreement does not, however, be able to derogate from articles 6, 11, 12, and the provisions of article 15 and of what the institution's eligibility and liability is specifically provided for.

The representation of the staff of the section 5 of the Act, in accordance with the laws of the take on the representation of the staff of the representation of the staff may not be as specified in section 4 of the agree and hereinafter referred to as the, is the majority of the personnel at the request of at least two staff along with staff representing a group it calls the right to appoint a representative and alternates shall serve as such at the choice of the Management Board of the company for personal, Government, or of the management or the appropriate institutions, which together cover the profit units of the company.
The staff representatives shall be appointed for the company in addition to the elected members of the institution concerned. Employees ' representatives may be one-fourth of the number of other members of the institution concerned, the fact remains that there is always at least one and not more than four. The term of Office of the representatives of the personnel is the same as the other members of the institution concerned, as specified in section 4. If the maximum length of the term of Office is not fixed or agreed upon, it will take three years.
In the manner described in section 4, in contrast to the fit, the staff of the representation shall be taken within one year of when the conditions provided for in section 2 have been met, and the requirement for representation. When the representation of the staff of the company, which has been implemented in the representation of the structure of Government, it is, at the same time is changed to be changed to match the new structure. When the change is due to the movement of the donation or corporate merger or Division of a change in the representation of the staff, will be taken later on, at the latest, however, within one year of when the claim is for the amendment of the representation of the staff. (24.7.1997/724)
Without prejudice to the provisions of this article may be amended in the Treaty-based representation of the staff agreed in the conditions laid down in article 4.

The [staff representatives] (26.2.1993/238) section 6 (26.2.1993/238) from the representative of the eligibility of the staff the staff of the company must be representative of the sovereign in person in an employment relationship, which is not in bankruptcy, or business.

section 7 of the employees ' representatives in the elections Unless the choice of the representatives of the staff to be able to agree on the representatives of the staff between the groups will be selected in accordance with the supervision of occupational safety and health and, where applicable, what appeal the Act on safety and health matters (131/73) and the regulation on the supervision of occupational safety and health (954/73), a procedure is provided for the election of the occupational safety and health supervisor.
Collaborating with the companies referred to in the Act on personnel groups in the election referred to in subparagraph (1) candidates.
(L) the control of occupational safety and health and appeal in matters of occupational health and safety 131/73 on the supervision of occupational safety and health and the workplace has been repealed L:lla työsuojeluyhteistoiminnasta 44/2006. On the supervision of occupational safety and health regulation 954/1973, is dead. The supervision of occupational safety and health and the workplace, see L työsuojeluyhteistoiminnasta 44/2006.

section 8 of the conflict of interest and of the representative of the staff of the resignation of a staff representative will lose eligibility referred to in article 6, is different from the task or is unable to carry out his duties, his replacement will be elected until such time as a new full member is selected, or the disqualification expired.

Article 9 of the rights of a representative of the personnel, obligations and liability of the employees ' representatives and the company's members are elected by the institution concerned shall have the same rights and obligations, unless otherwise provided for below. What institutions elsewhere, applies, mutatis mutandis, to the representatives of the staff of the completed work.
The representatives of the staff, as well as their varaedustajillaan shall have a right of access to the relevant file to the same extent as the other members of the institution. The representative of the staff does not, however, have the right to take part in the selection of the management of the enterprise, the separation, the terms of the contract, the terms of the employment relationship or collective measures of personnel matters. The voting rights of the representative of the staff may be limited, as referred to in article 4 of the agreement.
If the company's directors shall be appointed for only one representative of the staff, there is also the varaedustajalla the right to participate in meetings and to use the power of the President.

The participation of the staff of the Organization in the area of cross-border merger and the distribution (7 December 2007/11), section 9 (a) (7 December 2007/11) the application of the law of the domicile of the company Staff to organize the participation of the European economic area as a result of the cross-border merger of companies, resulting in the company, which has its registered office in Finland is governed by this law, except where the 9 (b) – 9 (f) provided.

section 9 (b) (7 December 2007/11) the application of Eurooppayhtiösääntelyn if at least one cross-border mergers of the participating company is employee involvement in the European company (SE), and the terms of the European cooperative society (SCE) of the law (758/2004) section 3 of the system of employee participation referred to in paragraph 12, section 4, of the law of 2 of the special negotiating body shall consult the competent organs of the participating companies with the participation of the staff of the organization. In this case, the organisation shall apply to the participation of the staff of that section 2 of the Act: (1), 4-12 and section 14 of the Act, section 16, paragraph 1, sub-paragraph 1 and 7 – 9, 18 and (2) of the article, article 19, article 28 (2) and (3) and article 29 and 30. In addition to the first subparagraph of article 18 (2) in such a way that it, rather than the condition of 25% set out in the law for the participation of the staff of the section 28 to 30 of the 33 1/3% for the is. The participation of the staff of the Organization shall also apply to the European company statute (SE) pursuant to Council Regulation (EC) No 1782/2003 n ° 2157/2001, article 12 (2) to (4).
Cross-border merging companies may, however, without consultations with the staff decide to apply employee involvement in the European company (SE), and the terms of the law on a European cooperative society (SCE) of the articles 28 to 30 of the staff referred to in the standard rules for participation in the company's registration from the cross-border merger immediately.
If at least one of the companies being acquired is the system of employee participation, and as a result of the merger, the resulting company if the cross-border provision comes into effect, in accordance with paragraph 1 and 2 of this kind of system, the company has to choose the format that allows the staff of the rights of participation.

9 (c) of section (7 December 2007/11) decision not to open negotiations or to terminate The section 9 (b): (1) the meaning of the special negotiating body may decide not to open negotiations or to terminate negotiations. The decision requires at least a two-thirds majority of the votes of the members representing at least two thirds of the employees, including the votes of members representing employees employed in at least two Member States. In this case, 9 (b) and 9 (d) – 9 (f) the Act does not apply.

9 (d) of section (7 December 2007/11) the restriction of the participation of the staff of the


If, after consultation with the staff would come to apply to employee involvement in the European company (SE), and the terms of the European cooperative society (SCE) of the law referred to in article 28 to 30 of the standard rules for participation, the participation of the staff of the contribution as a result of cross-border merger on the resulting in the company may be limited. The proportion of employee representatives in the administrative organ of the company does not, however, the cross-border merger shall not be less than one-third of the company, if any one of the merging companies employee representatives participating in the interest of not less than one-third of the members of the Board or any other governing body.

9 (e) of section (7 December 2007/1128) to the protection of the rights of participation of staff If as a result of cross-border merger formed a company merges with another Finnish company, participation rights must not undermine the entry into force of the cross-border merger in the next three years.

9 (f) of section (7 December 2007/1128) to the cross-border distribution of the above staff participation in the Organization of cross-border merger, applies, mutatis mutandis, to the cross-border distribution.

Miscellaneous provisions article 10 of the company's exemption from the work, and the compensation shall be given to a representative of the personnel referred to in this Act for an exemption from the work for which he needs referred to in article 4 or 5 of the personnel, as well as for the immediately related to the employees ' representatives to prepare for and be replaced by him between the resulting loss of earnings. The rest of the exemption from work and loss of earnings, in each case, the replacement is to be agreed between the company and the representative of the personnel concerned, etc.
If a representative of the working hours of the staff outside of the Agency referred to in this law to the meeting, is a company liable to pay him the costs incurred for the participation of the relevant meeting and meeting fees.
Paragraph 9 (b) of the release of the members of the special negotiating body provided for in the work resulting from the loss of earnings as well as the negotiation and the costs of Justice, shall apply to the staff of the group representation in the European company (SE), and the terms of the European cooperative society (SCE) provides in article 34 of the law. (7 December 2007/11), section 11 (7 December 2007/11) protection against dismissal of the representative of a Staff representative and alternate to the Staff, as well as 9 (b) of the special negotiating body who are to be referred to the protection from dismissal is valid, what's the employment contracts Act (55/2001) in Chapter 7, section 10 provides for the termination of the contract of employment, and steward of the supervisor.

Article 12 Confidentiality Unless the members of the institution concerned or of the members of the professional secrecy is not explicitly provided for in the reservation, will be reported by the company to a business or trade secret information which, if disseminated, would be likely to cause harm to the company or its contracting partners, only deal with their employees, agents and representatives of the staff concerned. Information is not even in this case, may be disclosed to others.
The secret is to keep the information on the financial position of the State of health of the individual, or otherwise to him personally, unless the information has been obtained the permission of the person concerned.
Section 9 (b) of the referred to in subsection 1, the members of the special negotiating body and of professional secrecy shall apply to the staff of experts to assist the representation of the European company (SE), and the terms of article 31 of the law on a European cooperative society (SCE). (7 December 2007/11), section 13 (March 30, 2010/220) law enforcement cooperation provides for the Control of this proxy (216/2010).

section 14 (March 30, 2010/220) on the application, the Court may impose a penalty payment penalty the company to fulfil the obligations under this law. The application can collectively make at least two representatives of the group, which, together with a staff representing a majority of the staff.

section 15 (21.4.1995/676) to the provisions of article 11 of the Penal Punishment for violation of section 4 of chapter 47 of the Penal Code provides for.
The penalty for violation of the obligation of professional secrecy laid down in article 12 of the Penal Code condemns 38 article 2 of Chapter 2 of the criminal law, except where the Act other than section 38, Chapter 1 provide for a more severe penalty.

date of entry into force of This section 16 of the Act shall enter into force on 1 January 1991. Section 5 of the Act and the obligations referred to in, however, is to be applied for the period from 1 July 1992, after the annual general meeting to be held or the corresponding meeting.
Before the entry into force of the laws of the arrangements for the involvement of the staff carried out shall be considered as complying with article 4, unless at least two personnel groups, together representing the majority of employees, require modification. THEY 247/89, sosvk. bet. 11/90, svk. Mrs. 44/90 acts entry into force and application in time: 26.2.1993/238: this law shall enter into force at the time of the decreed. (L 238/1993 came into force on 1 January 1994, in accordance with A 1357/1993.)
Annex V to the EEA Agreement: Council Regulation (EEC) No 2377/90 1612/68/92, THEY, 21.4.1995 TyVM 12/92/676: this law shall enter into force on 1 September 1995.
THEY'RE 94/93, SuVM LaVM 22/94, 10/94 24.7.1997/724: this law shall enter into force on 1 September 1997.
THEY'RE 79/1997, TyVM 6/1997, covering the period 1997/68 81/EV: this law shall enter into force on 1 June 2001.

30 March 2007/339: this law shall enter into force on 1 July 2007.
THEY 254/2006, TyVM 15/2006, EV 286/2006 7 December 2007/11: this law shall enter into force on 15 December 2007.
THEY 124/2007, TyVM 4/2007, EV 65/2007 of the European Parliament and of the Council Directive 2005/56/EC (32005L0056); OJ No l L 310, 25.11.2005, p. 1-22 December 2009/1515: this law shall enter into force on 1 January 2010.
Before the entry into force of this law may be to take the measures needed to implement the law.
THEY 161/2009, HaVM 18/2009, EV 205/2009, March 30, 2010/220: this law shall enter into force on 1 July 2010.
THEY 177/2009, TyVM 1/2010, EV 5/2010