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The Working Time Act

Original Language Title: Työaikalaki

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Working time law

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In accordance with the decision of the Parliament:

Chapter 1

Scope of law

ARTICLE 1
Scope

This law shall apply to the contract law (55/2001) Chapter 1, Article 1 And the employment relationship, unless otherwise specified. In addition, the employment of young workers under the age of 18 years (998/1993) . (26.1.2001)

The law governing the worker shall also apply to the official and the office-holder, unless otherwise provided. Similarly, what is laid down in this law in the form of a collective agreement shall apply mutatis mutandis to the contract.

ARTICLE 2
Derogations from the scope

This law shall not apply except Article 15 (3) thereof: (26.7.2002)

(1) the work to be carried out on the basis of the duties of the undertaking, the entity or the foundation, or the autonomous part of it, or as an autonomous task immediately assimilated to such a management function;

(2) workers carrying out religious supplies in the Evangelical Lutheran Church, the Orthodox Church or any other religious community;

(3) the work carried out by the employee at home or otherwise in circumstances such that it cannot be considered as a matter for the employer to supervise the arrangements for which it is used;

(4) forest, forestry and reforestation and related work, with the exception of machinery for the transport of forest, reforestation and timber to be carried out in the field;

Paragraph 5 has been repealed by L 19.11.2010 /991 .

(6) the work of the family members of the employer;

7) reindeer management;

(8) fishery and related catch processing;

(9) to work in which the working time to be followed has been laid down separately or which, within the scope of any other working time law, is exempt from the restrictions on working time; and

(10) The law on the working time of civil servants (17/70) , unless otherwise provided for by the Regulation, to the work of officials and officials of the border guards.

The provisions of Article 28 (1) and (2) and Articles 29 to 32 of this Law shall not apply to the work of the motor vehicle driver concerning Council Regulation (EEC) No 3820/85 on the harmonisation of certain social legislation relating to road transport.

The Regulation may provide for the regulation and the decision of the Board of Governors of the Bank of Finland to stipulate that this law does not apply to the work of the official or the office-holder, where, because of the specific features of the activity, the length of the working time is not measured or defined in advance or in which: The length of the working time may be determined by officials or officials themselves. (30.12.1989)

NAs (EEC) No 3820/85 on the harmonisation of social legislation relating to road transport has been repealed, see. EPNAs (EC) No 561/2006 See: Working time-A for civil servants 822/1996 And Working Time-A of the Evangelical Lutheran Church of Finland 33/1998 . See, in the case of domestic workers referred to in paragraph 1, paragraph 3, Annual Report 162/2005 ARTICLE 2 Paragraph 2.

ARTICLE 3 (15.11.1996/8)
Opinion of the Council

The working council must deliver opinions on the application and interpretation of this law, as provided for by the Employment Council and the Law on Exemption (19,21) Provides.

L of the Labour Council and of the derogations from labour protection 608/1946 Has been repealed by L on the Working Council and on certain derogations from labour protection 400/2004 .

Chapter 2

Time to read for working time

§ 4
Working time

The working time is counted as the time spent at work and the time the employee is obliged to be at the place of work for the employer.

Daily rest periods referred to in Article 28 or on the basis of an agreement shall not be counted at working time if an employee receives an unimpeded exit from the workplace in these times.

The time spent on the journey will not be read at work unless it is at the same time regarded as a work performance.

§ 5
Reserve time

Employers and employees may agree that the employee must be in his apartment or elsewhere in order to be invited to work if necessary. You don't read your schedule at work hours. The length and frequency of the stand-alone period shall not unduly impair the employee's recreational use.

In the case of standby, it is also necessary to agree on the compensation to be paid. The amount of compensation shall take into account the restrictions on the use of the employee's leisure time. At least half of the time spent in an employee's apartment is to be replaced by at least half of the time spent in cash or equivalent regular hours.

Where a reserve is necessary for the quality of the work and for very compelling reasons, the official or the official of the official Community shall not refuse to do so.

Chapter 3

Regular working time

ARTICLE 6
General provision

The regular working time is not more than eight hours a day and 40 hours per week.

Weekly regular working hours may also be organised for an average period of 40 hours over a period not exceeding 52 weeks.

§ 7
Periodworking hours

By way of derogation from the provisions of Article 6, regular working hours may be organised in such a way that, for a period of three weeks not more than 120 hours or over a period of two weeks, it shall not exceed 80 hours:

(1) police, customs, postal, telex, telephone and radio installations, but not in the machinery and repair shop of these installations or in construction work;

(2) hospitals, health centres, day nurseries, childcare facilities, summer camps, maintenance and other similar establishments, and prisons;

(3) passenger and goods transport, channels, verts and faeces;

(4) the loading and unloading operations of the vessel and the railway wagon;

(5) at work during the test run of the vessels;

(6) in the case of machinery for the transport of forestry, reforestation and timber in the field of terrain;

7. In the legislation on domestic work and childcare; (186/1973) Of the European Union; (19/11/98)

(8) security work;

9) in dairy shops;

(10) accommodation and food establishments; and

(11) in art and amusement establishments, as well as in the manufacture and inspection of films, but not in the workshops of these institutions.

By way of derogation from the provisions laid down in Article 1 (1), regular working hours may be arranged for the organisation of work or for the purpose of avoiding working hours which are inappropriate for workers. During the two-week period over the next two weeks shall not exceed 240 hours. During the three weeks period, the regular working time shall not exceed 128 hours and no more than 88 hours in any two weeks.

§ 8
Working time of the motor vehicle driver

The daily working time of the driver of a motor vehicle shall not exceed 11 hours of daily rest during the 24-hour period of the next 24 hours.

If the work of the driver of a motor vehicle cannot be properly organised in any other way, the working time shall be limited to a maximum of 13 hours if the working time does not exceed 22 hours after the extended daily rest period of 48 hours. During the period.

§ 9
Regular working time based on the collective agreement

By way of derogation from the provisions of Articles 6 to 8, an employer or an association of employers with a business district comprising the whole of the country, and an association of workers with the whole country, may agree on a regular working time. The average working time on the basis of the collective agreement shall not exceed 40 hours per week for a maximum period of 52 weeks.

The provisions of the collective agreement referred to in paragraph 1 may be applied by the employer to workers' employment relationships which are not bound by collective agreements but which otherwise comply with the provisions of the collective agreement. The provisions referred to above may be complied with after the termination of the collective agreement, pending the entry into force of the new collective agreement, in the employment relationships in which the provisions would be applied if the collective agreement remained in force. Where a new collective agreement is not concluded within six months of the previous cessation, both parties have the right to declare that the application of the provisions referred to above must cease to apply at that time period. The end. The notification shall be made at least two weeks before the end of the current stabilisation period.

As regards the employer as well as the Employers' Association, which covers the whole of the country, the above paragraph applies mutatis mutandis to the contracting authority of the State concerned, to the municipality, to the municipal assembly, to the municipal labour market, The Evangelical Lutheran Church and the Orthodox Church, the congregation, the congregation and other congregations, the Bank of Finland and the provincial government of the province of Åland and the municipal council of the Åland Islands. (30.12.1989)

ARTICLE 10
Agreement on a regular working time based on a collective agreement (26.1.2001)

Employer who must comply with a collective agreement under Article 7 of Chapter 2 of the Workers' Contract Act, and of a trust man within the meaning of the collective agreement or, in the absence of such a choice, of a confidence councillor within the meaning of Section 3 of Chapter 13 of the contract law or other A representative authorised by the staff or, unless such a person has been elected, staff or staff group together, may agree on the arrangements for regular working time within the limits and within the limits laid down in that collective agreement. However, the agreement does not have to comply with the provisions relating to the approval of the local agreement between the parties to the collective agreement. (26.1.2001)

The employer and the employee may agree, within the limits of the agreement referred to in paragraph 1, on the detailed application.

Where the employees have not chosen a confidence man or other representative within the meaning of paragraph 1, the employer shall provide them with an opportunity to elect a representative from among their number before the start of negotiations.

ARTICLE 11
Conclusion of local contract

The contractual working time referred to in Article 10 shall be made in writing unless the Parties consider it unnecessary or subject to a collective agreement. However, if the contract is valid for more than two weeks, it shall always be made in writing.

The contract concluded so far may be terminated at the end of the period of adjustment of working time. The notice period shall be two weeks, unless otherwise agreed. A longer-term contract may be terminated four months after the conclusion of the contract, as has been concluded for the time being.

The contract concluded by the employee representative referred to in Article 10 shall be notified to the workers no later than one week before the date of application. The contract shall be binding on all employees whom the representative of the employees who have made the contract shall be deemed to represent. However, the worker is entitled to comply with his earlier working time if he informs the employer no later than two days before the contract is applied.

ARTICLE 12
A local contract based on law on a regular working time

Subject to the collective agreement, the employer and the employee may agree to extend the regular regular working time to a maximum of one hour. In this case, regular working time will be reduced by an average of 40 hours per week for a maximum period of 4 weeks. The weekly working time shall not exceed 45 hours.

In the case of agriculture, regular working time must be adjusted to an average of 40 hours per week for a maximum period of three months.

ARTICLE 13
Slipped working time

By way of derogation from Article 6 (1), and by way of derogation from the provisions on the length and placement of the regular working time of the collective agreement, the employer and the employee may agree on a soluble working time so that, within the agreed limits, the worker may order the daily The date of commencement and completion. The agreed working time shall be agreed at least on the fixed working time, the daily working hours of the working time, the establishment of rest periods, and the maximum level of regular working hours and subs.

In the case of a sliding time, regular daily working time shall be shortened or extended, which may not exceed three hours. The average weekly working time is not more than 40 hours. The maximum concentration referred to in paragraph 1 shall not exceed 40 hours.

Employers and workers may agree to reduce the amount of working time overruns to a worker in a free period.

ARTICLE 14 (22/08/1518)
Exceptional regular hours

If the quality of the work is such that it is carried out only from time to time in the course of the daily working time in which the worker must be ready for work, the Regional Administrative Agency may, under any conditions, waive the provisions of Article 6.

By way of derogation from Article 6, employers'and employees' associations with an activity district covering the whole of the country are also entitled to agree on a regular working time in the cases referred to in Article 6.

The Office may, under any conditions, authorise the organisation of working time, as provided for in Article 7, at work which is not mentioned in that provision if it is necessary.

§ 15
Short working time

The worker's right to partial treatment is governed by Articles 4 and 5 of Chapter 4 of the Labour Code. If, for other social or health reasons, an employee wants to work regularly for a shorter period of time, the employer shall endeavour to organise work in such a way that the worker can work part-time. (26.1.2001)

The employer and the worker shall carry out a fixed-term contract within the meaning of paragraph 1 for a period not exceeding 26 weeks at a time, indicating at least the length of the daily and weekly working hours.

If a worker in order to retire wants to work on a regular basis for a shorter period of time, the employer shall endeavour to organise the work so that the worker can work part-time. The shortening of the working time shall be carried out in a manner consistent with the employer and the worker, taking into account the needs of the worker and the production and service activities. (26.7.2002)

ARTICLE 16
Change of 24 hours and week

For 24 hours and weeks, the calendar day and week shall be followed, unless otherwise agreed.

Chapter 4

Exceeding regular working time

§ 17
Lists and overtime

Further work is a work carried out on the employer's initiative in addition to working time, which does not exceed the regular working time laid down in Articles 6 or 7, under Articles 9, 10 or 12, or in accordance with Article 14.

The work carried out in addition to the regular working time referred to in paragraph 1 is carried out at the initiative of the employer.

ARTICLE 18
Employee consent

Overnight shall only be carried out for each time by the individual with the consent of the individual. The worker may, however, give his consent to a specified short term at a time if this is necessary for the organisation of work.

Further work shall be carried out only with the consent of the worker, unless the work contract has been agreed for further work. The worker shall, however, have the right to refuse additional work on the roster of a working roster on a day off.

At the same time, when applying for a reserve as referred to in Article 5, the employee consents to the necessary overtime and overtime.

Where, for reasons of quality of work and for very compelling reasons, it is necessary to carry out overtime or overtime, a public official or an official shall not refuse to do so.

§ 19
Overnight ceilings

A maximum of 138 hours shall be carried out over a period of four months, but not more than 250 hours per calendar year.

The employer and the employees' representatives or staff referred to in Article 10 or the staff group together may agree to work more overtime. The maximum amount of extra overtime is 80 hours per calendar year. However, the maximum number of hours of 138 hours provided for in paragraph 1 shall not be exceeded.

Employers'and employees' associations with a wide range of activities may, by way of collective agreement, agree on the period laid down in paragraph 1. However, the period of application of the collective agreement shall not exceed 12 months, and the maximum annual ceiling shall be equal to the maximum amounts laid down in paragraphs 1 and 2.

§ 20
Initiation and termination work

"Starting and stopping work" means work:

1) which is necessary to enable other workers in the workplace to work throughout their regular working hours;

(2) which the worker referred to in Article 39 (2) takes immediately before or after the working time of his or her management; or

3) which is necessary to exchange information in the event of alternance of shifts.

A work contract may be concluded for the purpose of starting and finishing. It shall be carried out for a maximum of five hours a week, in addition to the maximum levels laid down in Article 19.

ARTICLE 21
Emergency work

Where an unforeseeable event has caused the suspension in regular operation or seriously threatens to lead to such interruption or risk to life, health or property, the prescribed or agreed regular working hours shall be extended, To the extent required for such reasons, however, for a maximum period of two weeks.

Emergency work shall not be read in the overtime referred to in Article 19. In the case of emergency work, the provisions of Articles 26 to 31 and 33 (1) may also be exempted.

The employer shall, without delay, make a written declaration to the Authority on the grounds, scope and probable duration of the emergency. The employer shall be reserved for the trustee of the workers who make emergency workers, or, failing that, to the trustee referred to in Article 3 (3) of Chapter 13 of the contract law, or if that is not the case, The opportunity to attach its opinion to the notification. After examining the matter, the Agency may either leave it to the notification or take action to limit or eliminate the emergency work. (26.1.2001)

§ 22
Compensation for overtime and overtime

The additional work shall be paid by at least the agreed remuneration for the working time.

In accordance with the provisions of Articles 6, 9, 10, 12 or 13, the regular working time shall be equal to 50 % of the first two hourly working hours and the rate of remuneration increased by 100 %. Working hours exceeding the weekly regular working time shall be paid by 50 %.

Throughout the period between two or three weeks, the work has continued throughout the period between 12 or 18 of the first regular working hours starting and winding up, including 50 % and 100 % of the following working hours. % of the salary raised. If the period has been interrupted as a result of the termination of the worker's employment relationship or the fact that he/she has not been able to work for a period of leave, sickness or other justifiable reason, calculate the number of hours of the average working time During periods of rotation, eight hours longer. The amount of this hourly rate for the first two hours of overtime is 50 % and the rate of 100 % increased in the following hours.

Where regular working time is based on a waiver or collective agreement within the meaning of Article 14, the permit or contract shall state the reasons for calculating the remuneration paid for overtime.

ARTICLE 23
Lise and overtime pay during leisure time

The salary to be paid for overtime or overtime may be agreed as part or total free time during the regular working time of the employee. The length of leisure time equivalent shall be calculated in accordance with the provisions of Article 22, mutatis mutandis.

The period of time shall be given within six months of the date of addition or overtime, unless otherwise agreed. The employer and the employee shall endeavour to agree on a time of leisure. If it cannot be agreed, the employer will determine the date if the employee does not require compensation for the money.

By way of derogation from the provisions laid down in paragraphs 1 and 2, the employer and the employee may, by way of derogation from the provisions laid down in paragraphs 1 and 2, agree that the time limit for overtime or overtime is combined with the (162/2005) For the purpose of savings. In this case, the free time shall apply mutatis mutandis, as provided for in the annual savings income. (18.3.2005/164)

§ 24
Termination of the employment contract during the adjustment period

If the working time has been determined or agreed under this law, or if the fixed working time has been agreed and the working relationship ends before the working time has been equated to an average of 40 hours per week, the average working hours shall be calculated: Per week, 40 hours longer, and hourly hours are paid in respect of regular working hours.

In the same way as provided for in paragraph 1, additional work shall be replaced accordingly.

If the average working week per week is 40 hours or less than the regular working time of less than one week, the employer has the right to deduct the corresponding amount from the worker's salary.

ARTICLE 25
Calculation of the basic part of the allowance and overtime

If the employee's salary is determined by an hourly period, the hourly salary shall be calculated by dividing the salary according to the contract by the number of hours per regular working time. The hourly wage is calculated by dividing the performance pay by the number of hours spent on the performance of the job.

Where remuneration includes benefits in kind, they shall be taken into account when calculating the remuneration referred to in this Article. For the purposes of regular working time, the employee's performance shall not be subject to a maximum of twice-yearly profit or other equivalent remuneration.

By way of derogation from the provisions of paragraph 1, the calculation of an hourly rate may be agreed in such a way that the remuneration of the regular working time shall be broken down by the average dealer or distributor calculated on the basis of the annual regular working time: On average corresponds to the criteria laid down in paragraph 1.

Chapter 5

Night and shift work

§ 26
Night work

The work we do between 11:00 and 6:00 is night work. At the request of the Occupational Safety Authority, the employer shall inform him of the night work he has undertaken on a regular basis. Night work shall be carried out:

(1) in the case of continuous work;

2) at work organised on three or more shifts;

3) at work, which has been arranged for two shifts, but up to 1 p.m.;

(4) maintenance and sanitation of public roads, streets and airports;

(5) pharmacies;

(6) newspapers, magazines, news and pictogram offices and other work in the media and in the distribution of newspapers;

(7) maintenance and repair work necessary to maintain the regular flow of work carried out by enterprises, communities or foundations, or at work which cannot be carried out at the same time as regular work in the workplace; Or are necessary to prevent or limit the damage;

(8) in peat bots during the period of application of peat;

(9) in the drying areas of the sagging plants;

(10) heating of greenhouses and drying plants;

(11) with the consent of the worker in the case of emergency baths and harvesting, directly related to the culling of domestic animals and work related to the treatment of the disease, as well as other agricultural work which, by its very nature, cannot be transferred; Later;

(12) with the agreement of the worker in bakery; however, there is no need for the consent of 5 to 6;

13) at work which, by its very nature, is made almost exclusively at night; (28.11.2014/1003)

(14) with the permission of the regional administrative authority and under the conditions laid down by it, at work in which the technical nature of the work or other specific reasons for it are required; (28.11.2014/1003)

15) in the course of treatment at the employer's home. (28.11.2014/1003)

In the case of particularly dangerous or physical or mentally handicapped persons, which may be subject to a collective agreement within the meaning of Article 40 (1) or under Article 40 (1), working time shall not exceed eight hours a day, if employment Work as a night work.

§ 27 (22/08/1518)
Shift work and night shifts

Mountains must change regularly and change in advance in the period agreed. Mountains shall be deemed to be rotating regularly, with a shift of up to one hour together with a shift in the place of work, or when the time elapses between a maximum of one hour. The Regional Administrative Agency may grant an authorisation to derogate from the first sentence of this paragraph.

In the case of a period of rotation, you are entitled to a maximum of seven shifts at night. The night shift refers to a work shift, of which at least three hours is set at between 23:00 and 6.

Chapter 6

Rest periods and Sundays

ARTICLE 28
Daily rest periods

If the working time is six hours longer and the worker's work is not necessary for the continuation of work, he must be given a regular rest period of at least one hour during the shift during which he/she receives unhindered access to the worker's work; Leave the workplace. The employer and the employee may agree to a shorter rest period of at least half an hour. The rest period shall not be placed immediately at the beginning or the end of the working day. If the working time exceeds 10 hours a day, the worker is entitled to have a rest period of less than half an hour after eight hours of work.

If working hours are more than six hours longer, the worker must be given a rest period of at least half an hour or an opportunity to eat during work.

The driver of a motor vehicle shall be given a period of at least 30 minutes each period of 30 minutes per period of 30 minutes, together or in two instalments.

§ 29
Shipseason rest

During the 24 hours following the start of each shift, the employee shall be given an uninterrupted rest period of at least 11 hours and at least nine hours in the work referred to in Articles 6, 9, 10, 12 and 13, unless: The work carried out in accordance with Article 14 or the work carried out during a period of time and not otherwise provided. Where an appropriate organisation of work requires, the employer and the representative of the employees referred to in Article 10 may agree to shorten the daily rest of the daily rest period with the consent of the worker. The daily rest period may also be shortened by a sliding working time when the worker decides on the dates of his departure and departure. However, the daily rest period should be at least seven hours.

Subject to the nature of the work arrangements or the nature of the activity, the provisions of paragraph 1 may be temporarily waived, but not more than three consecutive daily rest periods:

(1) when the worker's shift change as provided for in Article 27 (1);

(2) if the work is carried out several cycles per day;

(3) where the worker's place of employment and residence or his or her different jobs are a long way from each other;

(4) seasonal work for the management of unforeseeable congestion;

5. In the event of an accident and accident;

(6) security and security work, which requires a continuous presence to protect property or persons; or

7) in the work which is necessary to ensure continuity of operation.

However, if the daily rest period is reduced on the basis of the provisions laid down in paragraph 2, the rest period shall be at least five hours. The worker must be given a reduced daily rest period as soon as possible, but no later than one month.

ARTICLE 30
Daily rest of the driver of the motor vehicle

The driver of a motor vehicle shall be given a rest period of at least 10 hours for each period of 24 consecutive hours.

In the case of transport, the daily rest period referred to in paragraph 1 shall be reduced to a minimum of seven hours twice for seven consecutive periods of 24 hours.

ARTICLE 31
Weekly free time

The working time shall be organised in such a way that the employee receives once a week for at least 35 hours a continuous uninterrupted period of uninterrupted leisure, which is, if possible, placed in the Sunday context. Weekly free time can be arranged for an average of 35 hours in the 14-day period. However, the free time must be at least 24 hours a week.

In non-interruptible shifts, leisure time can be arranged for an average of 35 hours, up to a maximum of 12 weeks. However, the free time must be at least 24 hours a week. In the case of technical conditions or arrangements for work, such requirements may be dealt with in the same way if the worker's consent is given.

The provisions of this Article may be waived in the case of regular working hours of up to three hours, as well as in the management of farm animals and in the case of emergency baths and harvesting.

ARTICLE 32
Derogation from weekly free time

Where a worker is required to work on a temporary basis in his spare time in order to maintain the regular flow of work within the company, in the Community or in the Foundation, or if the technical quality of the work does not allow for the complete release of some of the workers, May be exempted from the provisions of Article 31 (1) and (2).

The worker shall be replaced by the time spent on the work referred to in paragraph 1 by shortening his regular working time with the same length of time as he did not receive the free time provided for in Article 31 (1) or (2). The working time shall be shortened no later than three months after the date of the work, unless otherwise agreed. With the agreement of the worker, such work may also be replaced by the payment of a financial contribution, in addition to the payment of overtime and on Sunday, in addition to the basic component of the overtime compensation referred to in Article 25.

Where, in the case of farm animal husbanding or in the case of an emergency baths and harvesting work, there has been a deviation from the provisions of Article 31 (1) or (2), the weekly free time shall be replaced in the manner prescribed in paragraph 2.

§ 33
Sunday work

On a Sunday or as a brightest day, work shall be carried out only if it is made on a regular basis on a regular basis, or if it has been agreed upon, or if the worker agrees to it.

In the case of a regular working day, 100 % of the pay has to be paid. If the work is ancillary, in excess or in an emergency, it must also be paid in accordance with the provisions of Articles 22 or 23, calculated on the basis of the unadjusted salary of the employee.

For the purpose of calculating the increase in the salary payable on Sunday, Article 22 provides for the calculation of the increase in overtime paid.

Chapter 7

Working time documents

§ 34
Working time adjustment system

Where regular working time is organised in accordance with Article 6 (2), or in accordance with Articles 7, 9, 10 or 12, the working time shall be set up in advance for a period of at least time during which the regular working hours Equates to the prescribed average.

When preparing or intending to change the adjustment of working time, the employer shall make provision for the workers' representative referred to in Article 21 (3) or, failing that, to give the employees an opportunity to express their opinion. A sufficient period of time shall be provided for the nature of the draft. (26.1.2001)

The change in the working time adjustment system shall be notified to the employee in good time.

ARTICLE 35
Working rosé list

A working roster shall be drawn up for each job, indicating the dates of the commencing and the end of the regular working time of the employee and the rest periods referred to in Article 28. The list of working hours shall be drawn up for the same period as the adjustment of working time, unless it is very difficult, due to the length of the adjustment period or the irregular nature of the work to be carried out. However, the list of working hours must be drawn up for as long as possible. The working roster shall be drawn up at the request of the employee or the representative referred to in Article 34 (2), as provided for in that paragraph.

The list of working hours shall be made available in writing to the employees in good time, no later than one week before the start of the period referred to therein. The working roster shall then be amended only with the consent of the worker or for a reason related to the organisation of the works.

§ 36 (22/08/1518)
Exemption authorisation

If, owing to the irregular nature of the work, the drawing up of a working rosters is extremely difficult, the Regional Administrative Agency may grant partial or total exemption from it. The derogation may provide that the working roster list shows the weekly rest period.

Where the Regional Administrative Agency has granted an exemption under paragraph 1 to the employer and the circumstances have not been substantially altered since the authorisation was granted, the employer and the representative of the employees referred to in Article 10 may agree to the The extension of the exemption granted.

ARTICLE 37
Working time accounts

The employer shall record the hours worked and the payment of compensation per employee. The accounts shall indicate the hours worked, the hours worked, the hours worked, the emergency and Sunday working hours, the allowances paid or all the hours worked, as well as the hours worked separately, the hours worked and the hours worked and the hours worked. Parts of increase. If the contract referred to in Article 39 (2) or (3) is concluded with the worker, a significant number of additional, more than-and Sunday nights per month has been added to the list. The employer shall keep working time records at least until the end of the period laid down in Article 38.

The working time accounts, as well as the written contract concluded by the employer and employee representative or worker pursuant to Articles 10 and 12, must be shown to be shown to the supplier and to the workers referred to in Article 21 (3). Representative. Upon request, the worker or his authorised authority shall be entitled to obtain a written report on the labelling of working rosters and working time accounting workers. (26.1.2001)

Upon request, a copy of the working time records, the agreement concluded pursuant to Articles 10 and 12, the establishment plan of the working time referred to in Article 34 and the working roster list referred to in Article 35 shall be provided to the Authority.

Article 37a (14.12.1998/99)
Personal date book of the driver of the motor vehicle

The employer shall provide the driver of a motor vehicle in his service with a personal date book for the monitoring of working time. The driver shall keep the logbook in such a way as to reflect the beginning and end of periods of work and rest periods and breaks. The marking of each episode shall be entered in the logbook as soon as it is completed before the start of the following period. It is possible to use the tachograph instead of the diary.

The driver of a motor vehicle shall carry with him the date of the last day of the current week and the last week of the preceding week. The employer shall keep the date books for one year. (19.3.2010)

Chapter 8

Outstanding provisions

ARTICLE 38
Periochtime

The right to compensation within the meaning of this Act shall lapse if, within two years from the end of the calendar year in which the entitlement to compensation has been incurred, the action shall not be brought forward.

If the free period instead of the financial compensation has been agreed to be combined with the free period of savings, the application shall be made, by way of derogation from the provisions laid down in paragraph 1, but shall, within a period of two years, be brought within a period of two years. The end of the calendar year during which the free time should have been given.

At the end of the employment relationship, the claim on the claim referred to in paragraph 1 shall be instituted within two years of the termination of the employment relationship. (26.1.2001)

ARTICLE 39
Mandatory of provisions. Deviation by contract.

Subject to this law, a contract which reduces the benefits to an employee under this law shall be null and void.

However, a leading worker and an employee whose principal task is immediately to lead or supervise the work and who does not participate or only temporarily takes part in the work of his or her employees, shall, however, receive: Agree that the compensation referred to in Articles 22 and 33 shall be paid in a separate monthly allowance.

The employer and the employee may agree that the compensation to be paid out of the initiation and termination proceedings referred to in Article 20 (1) (1) (1) and (3) shall be paid separately in the form of a separate remuneration. The level of compensation shall be equal to the amount of overtime paid under Article 22.

ARTICLE 40
Mandatory and derogations from the provisions of the national collective agreement (26.1.2001)

Without prejudice to the provisions of Articles 4 and 5, Article 13 (2), Article 15 (2), Articles 22 to 25, Article 26 (1), the employers'and employees' associations shall, notwithstanding the provisions of Articles 4 and 5, Article 13 (2), Article 15 (2) Articles 27 to 35 provide. The provisions of the collective agreement may apply to workers who are not bound by collective agreements, but whose employment relationships are governed by collective agreements (166/46) Comply with the provisions of the collective agreement. (26.1.2001)

The provisions referred to in paragraph 1 shall be complied with, after the termination of the collective agreement, until the entry into force of the new collective agreement in the employment relationships in which the provisions of the collective agreement would apply if the collective agreement remained in force. Where a new collective agreement is not concluded within six months of the previous cessation, both parties have the right to declare that the application of the provisions of the collective agreement must cease to apply two weeks after the notification. Or, if necessary due to the levying of regular working time, at the end of the current stabilisation period.

The provisions of this section of the Employers' Association, of which the district covers the whole of the country, shall apply mutatis mutandis to the State negotiating authority or to any other State contracting authority, municipal labour market organisation, Evangelical Lutheran The church and the Orthodox Church, the Bank of Finland and the province of Åland and the Municipal Council of the Province of Åland. (30.12.1989)

Article 40a (26.1.2001)
Provisions derogating from the general binding collective agreement

The employer, who must comply with the general binding collective agreement referred to in Chapter 2 of Chapter 2 of the contract law, may also comply with the provisions laid down in Article 40 (1) of the collective agreement in the field of its application if the application of the order does not: Require local contract. The provisions of Article 40 (2) shall also apply.

ARTICLE 41
Sightseeing

The employer shall keep this law, the provisions and provisions adopted pursuant to it, as well as the exemptions, as well as the working time adjustment system and a working roster in the workplace.

ARTICLE 42
Penalty provisions

The employer or his/her representative who, intentionally or negligently, infringes the provisions of this Act or of any other than the obligation to pay, the form of a legal act, the accounting of working time, or any provisions relating to the keeping of working time, Condemn On the working time limitation Fine.

A driver of a motor vehicle who does not make the prescribed entries in the logbook or does not keep the logbook while driving while driving, shall also be denounced. (15.2.2002/112)

The responsibility between the employer and his representatives shall be determined Article 7 of Chapter 47 of the Penal Code On the basis of the criteria laid down.

The penalty for failure to comply with the working time accounts referred to in Article 37 (1) or for any abuse of working time and a working time-time offence committed against the request, order or prohibition received from the Labour Inspectorate, Lays down Article 2 of Chapter 47 of the Penal Code -In.

The penalty for infringement of the Council Regulation on the harmonisation of certain social legislation relating to road transport is laid down in Article 105a of the Road Traffic Code.

ARTICLE 43
Control

The Labour Inspection Service shall monitor compliance with this law and local contracts concluded pursuant to Articles 10 and 12 on a regular basis.

ARTICLE 44
More detailed provisions

The State Council may give more detailed provisions on the organisation of the transport to a working night worker at the time of the start and end of the shift.

Chapter 9

Entry and transitional provisions

ARTICLE 45
Entry into force

This Act shall enter into force on 23 November 1996. However, Article 19 shall enter into force on 1 January 1997.

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

ARTICLE 46
Repeal provisions

This law will repeal the following laws with subsequent amendments:

1) Working Time Act of 2 August 1946; (604/46) ;

2) The working time law of shops and offices of 26 May 1978 (400/78) ;

3) Working Time Act of 24 April 1970 (154/70) ;

4) agricultural working time law of 12 May 1989; (107/89) ; and

(5) bakery law of 9 June 1961; (302/61) With the exception of Article 5, as amended by the Law of 5 November 1993 (916/93) .

If any other law or regulation refers to the laws repealed under paragraph 1, this law shall be applied instead.

However, the provisions on maximum levels of overtime referred to in paragraph 1 shall remain in force until the end of 1996. (15.11.1996/8)

§ 47
Transitional provision

This Act shall enter into force at the end of the contractual period, unless the contracts are amended before the date of entry into force of this Act, and in those areas for which a collective agreement has been concluded before the entry into force of this Act or where such an agreement is to be complied with. It.

Council Directive 93 /104/EC; OJ L 307, 13.12.1993, p. 18, THEY 34/96 , TyVM 10/96, EV 98/96

Entry into force and application of amending acts:

15.11.1996/86:

This Act shall enter into force on 23 November 1996.

THEY 179/1996 , VM 12/1996, EV 140/1996

14.12.1998/99:

This Act shall enter into force on 1 February 1999.

THEY 181/1998 , TyVM 11/1998, EV 157/1998

30.12.1998/1168:

This Act shall enter into force on 1 January 1999.

THEY 244/1998 , HaVM 20/1998, EV 238/1998

26.1.2001/64:

This Act shall enter into force on 1 June 2001.

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

15.2.2002/112:

This Act shall enter into force on 1 March 2002.

THEY 201/2001 , 10/2001, EV 166/2001

26.7.2002/634:

This Act shall enter into force on 1 January 2003.

THEY 45/2002 , StVM 18/2002, EV 104/2002

19.5.2004:

This Act shall enter into force on 1 June 2004.

THEY 142/2003 , TyVM 1/2004, EV

18.3.2005/16:

This Act shall enter into force on 1 April 2005.

THEY 238/2004 , TyVM 2/2005, EV

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

19.3.2010/18:

This Act shall enter into force on 1 April 2010.

THEY 2/2010 , TyVM 2/2010, EV 17/2010

19.11.2010 /991:

This Act shall enter into force on 1 January 2011.

In the case of employment in which the employer has to comply or where an employer is allowed to comply with a collective agreement concluded either by collective agreements or by Article 7 of Chapter 2 of the contract law before the entry into force of this Act, the employer may apply a collective agreement to that effect. Provisions derogating from the law until the conclusion of the collective agreement, unless the collective agreement is amended before. Similarly, the municipal authority 's (669/1970) , the provisions derogating from this law may be applied until the termination of the contract, unless the collective agreement is amended before it is concluded.

THEY 100/2010 , TyVM 7/2010, EV 151/2010, Directive 2003 /88/EC of the European Parliament and of the Council (32003L0088); OJ L 299, 18.11.2003, p. 9

28.11.2014/1003:

This Act shall enter into force on 1 January 2015.

THEY 93/2014 , TyVM 7/2014, EV 136/2014