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The Employment Contract Law

Original Language Title: Työsopimuslaki

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Labour contract law

See the copyright notice Conditions of use .

In accordance with the decision of the Parliament:

Chapter 1

General provisions

ARTICLE 1
Scope

This law shall apply to the Agreement ( Employment contract ), in which the employee or employees, together with the worker, undertake personally to work on behalf of the employer, under the supervision and control of the employer, against remuneration or other consideration.

This law must be applied, even if the consideration has not been agreed, provided the facts show that the work is not intended for consideration.

The application of the law does not preclude the fact that the work is carried out at the home of the worker or in the place of his or her choice, nor that the work is carried out by means of the worker's work equipment or machines.

ARTICLE 2
Derogations from the scope

This law shall not apply to:

(1) public service obligations and the fulfilment of public service obligations;

(2) conventional activities;

(3) an agreement requiring a work performance, which is expressly provided for by law.

ARTICLE 3 (21.12.2010/1224)
Form and duration of the contract

The contract may be concluded orally, in writing or by electronic means.

The contract shall remain in force for the time being, unless it has been concluded for a limited period of time. At the initiative of the employer, without any reasonable cause, the fixed-term contract shall be considered as valid for the time being.

The use of successive fixed-term contracts shall not be allowed where the number of fixed-term contracts or their combined duration, or the resulting entity, shows the employer's need for permanent employment.

§ 4
Test time

The employer and the employee may agree on a probaing period starting from the start of work, starting with a maximum of four months. If an employer organises a special job training which lasts for more than four consecutive months, the probatable period may be agreed for a maximum period of six months.

In less than eight months, the probation period shall not exceed half of the duration of the contract. If, at the end of the employment relationship, the employee is engaged in the recruitment of a user undertaking within the meaning of Article 7 (3) of Chapter 1 to the same or similar functions, the maximum period of probation provided for in paragraph 1 of this Article shall be reduced by the time The employee was leased to the user company. (14.11.2008/707)

In the case of a collective agreement which is binding on the employer, the employer shall inform the worker of the application of this provision when the contract is concluded.

During the trial period, the contract may be terminated on both sides. However, the contract shall not be terminated by discriminatory or alterable grounds for the purpose of the probation period. In addition, the employer may not terminate the employment contract after having failed to fulfil its reporting obligations under paragraph 3 of this Article. (30/04/2013)

§ 5
Employee benefits depending on the duration of employment

If a number of successive, uninterrupted or short-term fixed-term contracts have been concluded between the employer and the employee, the employment relationship shall be considered as a continuous period for the determination of employment benefits.

ARTICLE 6
A power-based employment contract

The right to work contracts under 18 years of age and the right of a young worker to terminate the employment contract by a minor is laid down in the law on young workers (998/1993) .

The declared authority and the person whose viability is the law of the guardianship (442/1999) Of the European Parliament and of the Council of the European Union.

§ 7
Transfer of rights and obligations

The Parties to the Agreement shall not transfer their rights or obligations under the employment contract to a third party without the consent of the other party, subject to the provisions set out below.

However, a different grant may be transferred without the consent of another party.

With the consent of the employer, the employer, in agreement with the employer ( User undertaking ) , the user undertaking shall be transferred to the user undertaking to manage and supervise the work and the obligations imposed on the employer directly related to the work and organisation of the work. The user undertaking shall provide the employee's employer with the information the employer needs to fulfil its obligations. (14.11.2008/707)

§ 8
Employee's assistant

If, with the agreement of the employer, an employee has taken up the duties of an assistant in order to fulfil its obligations under the employment contract, the person employed is also the person employed in relation to the employer who gave the consent.

§ 9
Deputy employer

The employer may appoint another person to lead and supervise the work. If, in the event of a failure or failure to fulfil his/her duties, the worker is injured, the employer shall be responsible for the compensation of the resulting injury.

ARTICLE 10
Extradition of movement

The transfer of the employer's movement means the transfer to another employer of an undertaking, movement, entity or of a foundation or of a foundation or of such a branch, if the movement or part of the movement or part thereof remains after the transfer, The same or similar.

The rights and obligations arising from the employment relationships in force at the time of the transfer of the movement referred to in paragraph 1 and the associated employment benefits shall be transferred to the new owner or holder of the movement. The transferor and the transferee shall be jointly and severally liable for the remuneration of the employee's salary or other employment relationship. However, unless otherwise agreed, the transferor shall be liable to the transferee prior to the transfer of an outstanding employee. (15.11.2002/943)

In the case of a transfer of bankruptcy, the transferee shall not be responsible for the claims arising from the remuneration of the employee's salary and other working relationship, except in the event of bankruptcy and the transfer in the host movement Control is exercised or exercised by the same persons on the basis of ownership, contract or other arrangement.

Chapter 2

Employer's obligations

ARTICLE 1
General obligation

The employer must make every effort to promote relations with workers, as well as relations between workers. The employer shall ensure that the worker can also carry out his work in the course of the transformation or development of the work or working methods of the undertaking. The employer shall endeavour to promote the worker's ability to develop according to his/her ability to move forward.

ARTICLE 2 (30/04/2013)
Equal treatment and non-discrimination

The employer shall treat workers equally, unless it is justified on the basis of the duties and status of the employees.

In the case of fixed-term and part-time contracts, the duration of the employment contract or the length of working time shall not apply to less favourable working conditions than other employment relationships, unless justified on reasonable grounds.

Equality and the prohibition of discrimination (1325/2014) . Gender equality and the prohibition of discrimination on grounds of sex are laid down in the Law on equality between women and men (609/1986) .

ARTICLE 3
Occupational safety

The employer must take care of safety at work to protect the worker from accident and health risks, as is the case law on safety at work. (2002) Provides. (23.8.2002)

If the occupational or working conditions of a pregnant worker endanger the health of the child or the foetus, or the risk factor in employment or working conditions cannot be removed, the worker shall seek to transfer to others, his work and skills, Taking into account appropriate tasks. The worker's right to special maternity leave is laid down in Section 4 of Chapter 4.

§ 4
Report on the main conditions of employment

The employer shall provide an employee with a working relationship for an indefinite period or a period of more than one month, a written report on the main conditions of employment by the end of the first payment period, if the conditions are not met. From the written contract of employment. Where an employee is in temporary employment relationships less than one month with the same employer on equal terms, the employer shall report on the essential conditions of employment no later than one month after the start of the first employment relationship. In the event of a recurrence of contractual relations, there is no need to reintroduce, subject to paragraph 3. At least one month of continuous external work, the report shall be provided in good time before the worker travels to the site. (14.11.2008/707)

The report may be given by one or more documents or by reference to the applicable law or collective agreement. The report shall include at least:

(1) the home or business place of the employer and the worker;

(2) the start of work;

(3) the duration of the fixed term of the fixed-term contract and the end of the contract or its estimated expiry date; (21.12.2015)

4) trial period;

(5) working time or, where an employee does not have the main fixed working time, a statement of the principles on which the employee works at different sites;

(6) the principal duties of the worker;

(7) the collective agreement applicable to employment;

(8) the criteria for the payment of wages and other consideration and the period of payment of wages;

9) regular working hours;

(10) the derivation of annual leave;

(11) the period of notice or the basis for its determination;

(12) the duration of work in a period of at least one month, the duration of the work, the currency in which the money is paid, the money paid abroad and the benefits in kind, and the conditions for the repatriation of the employee.

In addition, the employer shall provide the worker with a written explanation of the change in the condition of employment as soon as possible, at the latest at the end of the next payment period, unless the change is due to the legislation or collective agreement Change.

In the case of temporary agency work within the meaning of Article 7 (3) of Chapter 1, the report shall also be provided at the request of the temporary agency, even if the contract has been concluded for a period of less than one month. The report shall provide information on the reason and the duration of the contract, based on the customer contract of the user undertaking underlying the fixed-term contract, and the duration of the contract or the estimated duration of the contract, as well as an estimate of the Other work tasks as agreed in the employment contract of the temporary agency worker. (21.12.2015)

§ 5
Employer's obligation to provide work for a part-time worker

If the employer is in need of additional work for his employees working part-time, the employer must provide them with part-time workers, irrespective of Article 6 of Chapter 6.

Where the receipt of the work referred to in paragraph 1 requires training which the employer can reasonably organise in relation to the worker's suitability, such training shall be given to the worker.

ARTICLE 6 (13/02/10)
Information on job vacancies

In order to ensure that part-time and temporary workers have the same opportunities to apply for these jobs, the employer must inform the employer of their vacancies in general or in the workplace. As permanent or full-time workers. In accordance with the same procedures, the user undertaking shall also inform the employees of the vacant premises of the vacancies.

§ 7
Collective nature of collective agreements

The employer must comply with at least the national collective agreement to be held in the relevant sector ( A non-binding collective agreement ) Provisions relating to employment conditions and working conditions relating to work carried out by the worker or, in particular, equivalent work.

The condition of the employment contract, which is contrary to the corresponding provision of a general binding collective agreement, is null and void and must be replaced by a provision of a general binding collective agreement.

Employer, who is a collective (166/46) By way of derogation from the provisions of this collective agreement, the obligation to comply with a collective agreement, the second party of which is a national association of workers, shall be entitled to apply the provisions of this collective agreement.

§ 8
Confirmation and validity of universality

The general binding nature of the collective agreement, as well as the validity of the universally binding nature of the collective agreement and the availability of contracts, are laid down in the Law on the binding force of the collective agreement (2001) .

§ 9 (13/02/10)
Minimum working conditions for the employment of temporary workers

If the employer has leased his employees to the user undertaking and the employer who hired his employees is not bound by the collective agreement referred to in Article 7 (3) and is obliged to comply with the collective agreement, In the employment relationship of the hired worker, the provisions of the collective agreement referred to in Article 7 (3) binding at least the user undertaking shall apply.

If the employment relationship of the hired worker does not apply to any collective agreement within the meaning of paragraph 1, the conditions for the hiring, working time and annual leave of the hired worker shall be at least equivalent to those binding and generally applicable to the user undertaking. Agreements or practices.

§ 9a (13/02/10)
The right of a hired worker to the services and arrangements of the user undertaking

The temporary worker has the right to the services provided by the user undertaking to its employees and to the joint arrangements under the same conditions as those of the employees of the user undertaking, unless different treatment is justified for objective reasons. However, the user undertaking is not obliged financially to support the use of the services and arrangements of the hired worker.

ARTICLE 10
Minimum wage in the absence of a collective agreement

If the employment relationship does not become applicable under the collective agreement law, the collective agreement and the non-binding collective agreement and the employer and employee have not agreed on the remuneration to be paid for the work, the worker must pay for the work he has done. Normal and reasonable pay.

ARTICLE 11
Sick time pay

A worker who is prevented from doing his job as a result of an illness or an accident is entitled to sickness benefit. If the employment relationship has continued for at least one month, the worker shall have the right to complete his full salary for the period until the end of the ninth working day following the day of illness, up to the date of his or her entitlement to the sickness insurance law (364/1963) The daily allowance shall begin. In the case of working relations less than a month, the worker has the same right to receive 50 % of his salary.

The worker is not entitled to sickness benefit if he has caused his incapacity to work on purpose or by gross negligence. Upon request, the worker shall provide the employer with a reliable explanation of his incapacity.

After having paid the employee, the employer has the right to receive a sickness insurance law or an accident insurance law for the same period. (608/1948) The amount of the daily allowance, but not more than the amount corresponding to the salary they pay.

Sickness insurance 364/1963 Has been repealed by L 1224/2004 , see Sickness insurance 1224/2004 7 Chapter 4 And Chapter 8, Secor 7. Accident insurance L 608/1948 Has been repealed by L 42/2015 , see From 1 January 2016, accidents at work and occupational diseases 42/2015 .

Article 11a (8.6.2006/460)
Part-time sick leave

The contract for the entitlement to the allowance and the contract for part-time work on the basis of which it is based is governed by the sickness insurance law (1224/2004) in Chapter 8 of Chapter 8 . The purpose of the part-time sick leave is to support the worker's work and return to full-time employment. The contract for part-time work is made on the basis of a report on the state of health of the worker. (26.06.2010)

An amendment to the contract for part-time work shall be agreed upon. However, the fixed-term contract expires in the middle of the contract period if, because of his illness, the worker is no longer able to perform his part-time work.

At the end of the Part-Time Work Agreement, an employee has the right to return to the conditions of his full-time employment contract prior to the part-time employment contract.

ARTICLE 12
The worker's right to work in the absence of employment

The employer is obliged to pay the employee a full salary if, in accordance with the contract, the employer has been able to work for a reason, unless otherwise agreed by the employer.

Where an employee is prevented from doing his/her job in the event of a fire, an exceptional natural event or any other fault such as that of an employer or an employer, the worker shall be entitled to receive his/her salary for a period not exceeding However, 14 days. In the event of an independent working contract of the parties to the employment contract, the worker shall have the right to receive his or her salary for a maximum period of time. Seven days. Seven days.

The employer may deduct from the salary paid to the employee on the basis of paragraphs 1 and 2, the amount of which has been saved by the worker as a result of the performance of the work and the amount that he earned by other work or did not deserve it on purpose. In reducing wages, the employer must comply with the provisions of Article 17 of this Chapter relating to restrictions on the right to sign.

ARTICLE 13
Payment period and period of payment

The pay shall be paid on the last day of the payment period unless otherwise agreed. If the time salary is based on a shorter period of one week, the salary shall be paid at least twice a month and, failing that, once a month. In the case of direct pay, the wage period shall not exceed two weeks, unless the performance is paid on a monthly basis in the context of future salary. If the performance work takes longer than one payment period, the amount of the salary shall be paid for each payment period, depending on the duration of the work.

If a part of the salary is determined by a profit share, on a commission or on another basis, the period of payment of this part shall not exceed 12 months.

ARTICLE 14
Payment period at the end of employment

At the end of the employment relationship, the payment period shall also be terminated. In the event of a delay in the performance of an employment relationship, the worker has the right to have access to the interest (633/1982) in Article 4 , in addition to the interest on late payment, not more than six calendar days at the latest.

If the result of an employment relationship is not clear and undisputed, or if the delay in the performance has been due to an error of calculation or an equivalent error, the worker shall only be entitled to the pay of the waiting days if he has pointed out the performance Delay to the employer within one month of the end of the employment relationship and the employer has not completed the claim within three working days of the notice. The entitlement to the payment of the holding days starts from time to time to the employer.

§ 15
Remarks due to pay

If the employee's salary is due on a Sunday, on a bright day, on the day of independence or on the day of Christmas, on Christmas or on Midsummer or on a daily basis, the date of maturity shall be mainly the previous working day.

If the employee's salary is due on a daily basis on which the payment systems used by the banks in their general payments are not published by the Bank of Finland, according to the notice published by the Bank of Finland, In view of the decision taken by the Bank, the date of maturity is also considered to be the most recent working day.

ARTICLE 16 (17/03/1998)
Payment of pay

The pay shall be paid to the bank account indicated by the employee. The remuneration shall be available to the employee on the date of its maturity. The pay can only be paid in cash for a compelling reason. The employer is responsible for the cost of the payroll.

In the event of payment, the employer shall provide the worker with a calculation showing the size of the salary and the reasons for its determination. In cash, the employer must have a receipt or other proof of payment, signed by the employee.

In the Accounting Act (136/1997) , the obligation to attach to the accounts the receipt or other proof of payment signed by the employee in respect of the payment is provided for in that law.

§ 17
Employers' right of signature and salary advance

The employer is not entitled to pay the employee's remuneration to the extent that the salary is the way out. (37/1998) And the regulation on the protection of the hedging (18/01/1989) Shall not be foreclosed.

The salary advance may be deducted from the salary of the contract or otherwise paid. The pay advance shall be counted primarily in the protective section referred to in paragraph 1.

Exit L 37/1895 Has been repealed by L 17/11/2007 And A protection in the event of a rebuttal 1031/1989 Has been repealed with A 1017/2006 . See. Output arch 705/2007 Chapter 4 Article 48 .

ARTICLE 18 (10/04/418)
Workers' right to free work for the purpose of managing a municipal confidence measure

The worker has the right to free work for the purpose of managing a municipal trust, as in the case of: (410/2015) Articles 80 and 81 provide.

Chapter 3

Employee's obligations

ARTICLE 1
General obligations

The worker shall carry out his work carefully in accordance with the provisions which the employer gives in accordance with its powers to carry out the work. In its activities, the worker shall avoid any action incompatible with the procedure required for the worker in his position.

ARTICLE 2
Occupational safety

The worker must comply with the diligence and care required for the work and working conditions, and ensure that the safety of workers and other workers at the workplace is available to them.

The worker shall inform the employer of the defects and inadequacies of the employer's workplace, machinery, equipment and work and protection instruments which may pose a risk of an accident or illness.

ARTICLE 3
Competitive action

The worker is not allowed to do another job or engage in activities which, taking into account the nature of the work and the status of the worker, appear to be damaging to his employer as an anti-competitive behaviour in the field of employment.

In the event of an employment relationship, an employee shall not undertake any action to be taken in preparation of competing activities, which, in the light of the provisions laid down in paragraph 1, cannot be considered acceptable.

An employer who is employed by a person who is prevented from entering into work on the basis of paragraph 1 shall be responsible, in addition to the employee, for the damage suffered by the previous employer.

§ 4
Trade and trade secrets

The worker shall not be able to take advantage of the employment relationship or to disclose the professional and business secrets of the employer. If the employee has received the information unlawfully, the ban will continue after termination of the employment relationship.

In addition to the identity of the worker, the person who is responsible for the damage to the employer is also responsible for the person who, if he knew or should have been aware of the wrongdoing, had been informed by the employee.

§ 5
Agreement on competition

A particularly weighty reason relating to the work or employment relationship of the employer may be concluded at the beginning of or during the employment relationship ( Non-compete agreement ) Limit the employee's right to a contract of employment after termination of employment with an employer who pursues competing activities with the former employer, as well as the employee's right to engage in his/her own In the case of such activities.

In assessing the specific gravity of the CWC criterion, the quality of the employer's activity and the need for protection arising from the maintenance of trade or professional secrecy or of the employer's employee must be taken into account. , as well as the status and duties of the employee.

The CWC may restrict the worker's right to a new contract of employment or to pursue a profession for a maximum period of six months. Where an employee can be regarded as being entitled to a reasonable remuneration for the tying of the CWC, the limitation period may be agreed for a maximum period of one year. In the case of a non-compensation agreement, a non-reparation clause may be imposed on a contract fine which is punishable by a maximum of six months prior to the end of the worker's employment relationship.

A contract of competition is not binding on the employee if the employment relationship is terminated for a reason. As regards the limitation of the duration of the CWC and the maximum amount of the contractual fine, the worker who, on the basis of his or her duties and status, is considered to be carrying out an undertaking, a Community or a foundation or an independent Managerial work or to be in an autonomous position equivalent to such a management function.

The non-compete agreement is null and void in so far as it is contrary to the provisions set out above. Otherwise, the validity and settlement of such an agreement shall be in force as regards the law on property law (228/1929), Legal action law ) Provides.

Chapter 4

Family free

ARTICLE 1 (29 JUNE 2006/533)
Maternity, special maternity, paternity and parental leave

The employee has the right to be free of any period of maternity, special maternity, paternity and parental benefit, as referred to in the Health Insurance Act.

The worker has the right to maintain parental leave in a maximum of two parts, which must be at least 12 working days.

ARTICLE 2
Work during maternity and parental allowance (12,122002/1076)

The worker may, with the agreement of the employer, make a work during the period of maternity leave which does not endanger the safety of his or her unborn child or child. However, such work must not be carried out within two weeks of the time of birth or two weeks after childbirth. Both the employer and the employee are entitled at any time to suspend the work during the period of maternity leave.

The employer and the employee may agree on part-time work and its conditions during the period of parental benefit provided for in Article 23 (2) of the Health Insurance Act. The worker's entitlement to partial parental allowance is governed by Article 21 (4) of the Health Insurance Act. (12,122002/1076)

The suspension of part-time work and changes to the conditions must be agreed. In the absence of an agreement, the worker is entitled, for justified reasons, to suspend part-time work and to return either to the parental leave referred to in Article 1 of this Chapter or to the earlier working time. (12,122002/1076)

Sickness insurance 364/1963 Has been repealed by L 1224/2004 . See. Sickness insurance 1224/2004 9 Articles 9 and 10.

ARTICLE 3 (29 JUNE 2006/533)
Treatment-free

The worker has the right to take care of a child or another child who is permanently resident in his household until the child reaches the age of three. However, the right to care for the parent of Ottolapse shall continue until two years after the adoption of the child, up to the maximum period of time when the child begins the school.

A maximum of two or more periods of at least one month may be kept free of treatment if the employer and the employee are not suitable for a shorter period than two or more months. Only one parent or parent at a time is allowed to take care of the court. However, during maternity or parental leave, one of the parents or guardians may take care of a period of care.

§ 3a (29 JUNE 2006/533)
Notification of maternity, paternity and parental leave and of parental leave

Maternity, paternity and parental leave and leave of treatment shall be notified to the employer no later than two months before the intended commencing period. However, if there is no more than 12 working days, the notification period shall be one month. If possible, if possible, the notification period provided for in the above notification period shall be complied with if possible.

If it is not possible to comply with a two-month notification period and because of the organisation of the child's care, the worker is entitled to remain at parental leave within one month of the date of notification, unless there is a job Serious damage to production or service activities. The employer, when he considers that he cannot agree to the date of the month, shall provide the worker with an explanation of the facts on which the refusal is based.

The worker may, for justified reasons, change the time and length of leave by informing the employer no later than one month before the change. However, if it is necessary for the birth of the child or for the child, mother or father's state of health, the worker shall be entitled to benefit from maternity leave and to change the period of paternity leave to be kept in the course of childbirth. The change must then be notified to the employer as soon as possible. The parent of an Ottolapse may, for a justified reason, change the time of leave before the start of the free period by informing the employer as soon as possible.

§ 4
Partial treatment free

A worker who has been employed by the same employer for a total period of at least six months in the preceding 12 months may be entitled to a partial leave of care for the care of his or her child or other child who is permanently resident in his or her household until then, When the second reading year of the child in primary education ends. If the child is part of the basic education (628/1998) However, in the case of an extended period of compulsory education referred to in paragraph 2, partial treatment may be granted until the third year of the school year. The parent of a disabled or long-term child in need of special care and maintenance may receive partial treatment until the age of 18. The child's two parents or guardians may have partial attendance at the same time during the same calendar period, but not simultaneously. The worker shall submit to the employer a proposal for partial attendance at the latest two months before the start of the free period. (29 JUNE 2006/533)

The employer and the employee agree on a partial treatment free and detailed arrangements as they wish. An employer may refuse to agree on a contract of free or only free access if there is a serious disadvantage to the production or service activity of the workplace which cannot be avoided by reasonable work arrangements. The employer shall provide the worker with an explanation of the facts underlying his refusal.

Where an employee has the right to partial relief, but its detailed arrangements cannot be agreed, he shall be given a partial treatment period of one period per calendar year. The length of the free period and its time shall be determined by the worker's proposal. Partial leave is provided in this way by reducing the daily working hours for six hours. The reduced working time should be one period, with the exception of rest periods. If the working time is average, it should be reduced to an average of 30 hours per week.

§ 5
Suspension of partial treatment

We need to agree on a change of course. If it cannot be agreed, the worker may, for a reasoned reason, suspend at least one month's notification period.

ARTICLE 6
Temporary care free

In the case of a child or other child who is permanently resident in his or her household, who has not reached the age of 10 years, the worker shall have the right to receive a child's care or to provide for a temporary course of treatment not exceeding four Working day at a time. The same entitlement is also the parent of a child who does not live in the same household with him. Persons entitled to temporary leave may be on temporary leave during the same calendar period, but not simultaneously. (29 JUNE 2006/533)

The employee shall inform the employer of the temporary leave and its estimated duration as soon as possible. At the request of the employer, the employee shall provide a reliable explanation of the basis for the temporary treatment.

§ 7
Absence of mandatory family reasons

The worker is entitled to a temporary absence from work if his immediate presence is necessary because of the illness or the unforeseeable circumstances of his or her family's illness or accident.

The employee must inform the employer of his absence and, therefore, as soon as possible. At the request of the employer, the employee shall provide a reliable explanation of the reasons for his absence.

§ 7a (4.3.2004)
Absence of family members or other dependants

Where the absence of an employee is necessary for the special treatment of his/her family members or any other person close to him, the employer shall endeavour to arrange the work so that the worker may be suspended from work. Employers and employees agree on free duration and other arrangements.

A return to work between the employer and the employee must be agreed between the agreed leave. If it cannot be agreed, the worker may, for a justified reason, suspend leave by informing the employer no later than one month before the return to the job.

At the request of the employer, the employee shall provide an explanation of the reasons for the absence and the suspension.

§ 8
Obligation to pay salaries

The employer is not obliged to pay the employee a salary for the family-free period referred to in this Chapter.

However, the employer must compensate a pregnant worker for the loss of earnings resulting from medical examinations prior to childbirth, if the studies cannot be carried out outside the working time.

§ 9
Workplace return

At the end of the family-free period referred to in this Chapter, the worker shall have the right to return primarily to his earlier work. If this is not possible, the worker shall be offered work under the corresponding employment contract and, if this is not possible, any other work under the employment contract.

Chapter 5

Lomping

ARTICLE 1
Definition of ' holiday '

The term 'holiday' refers to the employer's decision or to the temporary suspension of employment and payment of wages on the basis of an agreement or on his/her initiative, otherwise in force. On the basis of the criteria laid down in Article 2, the employer may, on the basis of the criteria laid down in Article 2, leave to the worker either a temporary or temporary suspension of work, or a reduction in working time, in accordance with the law or contract of the worker, to the extent that it: It is necessary for the ground to be laid off.

The employee receives, within the limits of Article 6, other work during the layoff period. Article 5 (5) of Chapter 13 provides for the use of the housing benefit during the layoffs.

ARTICLE 2
Criteria for laying down

The employer may dent the employee if:

(1) he/she has an economic or production criterion within the meaning of Article 3 of Chapter 7;

(2) the work or the employer's conditions to provide employment have been reduced on a temporary basis and the employer cannot reasonably organise other suitable work or training corresponding to the needs of the employer; On the basis of a temporary reduction in the basis of a reduced duration, if they can be assessed for a maximum period of 90 days.

Notwithstanding the provisions of Article 4 of this Chapter, the employer and the employee may, notwithstanding the conditions laid down in Article 4 of this Chapter, agree on temporary leave where it is necessary for the purposes of the employer's activity or the financial situation.

The employer is entitled to leave for a temporary worker only if he is working as a replacement for a permanent employee and the employer is entitled to leave a permanent employee if he is employed.

The employer may leave on the grounds laid down in Article 10 (2) of Chapter 7 of Chapter 7 of the Confidence Trustee and of the Confidence Officer referred to in Section 3 of Chapter 13.

ARTICLE 3
Advance clearance and employee consultation

On the basis of the information available to the employer, the employer shall, on the basis of the information available to the employee, submit a preliminary report to the employee on the grounds for the layoffs and the estimated extent, manner, time and duration of the execution. In the case of a number of employees, the report may be submitted to the employees' representative or workers collectively. The report shall be presented without delay when the request is made available to the employer.

Once the report has been submitted, the employer must provide the workers or their representatives with an opportunity to be heard.

Advance settlement does not need to be submitted if the employer is required, on the basis of another law, contract or other binding order, to submit a similar statement or negotiate with the employees or their representatives.

§ 4
Declaration of laying down

The employer shall inform the worker personally not later than 14 days before the commencement of the layoffs. If the notification cannot be submitted in person, it may be transmitted by letter or by electronic means in accordance with the same reporting period. The notification shall state the reasons for the layoffs, the starting time and the duration or the estimated duration.

There is no obligation to notify if the employer is not obliged to pay the employee for the rest of his work because of his absence.

The notification shall be notified to the representative of the workers concerned. In the event of a suspension of at least 10 employees, the employer shall also inform the employment service, unless the latter has an equivalent obligation under other law.

§ 5
Certificate on layoffs

At the request of the worker, the employer shall issue a written certificate stating at least the reason, the starting time and the duration or the estimated duration of the furnishing.

ARTICLE 6
Workplace return after layoffs

If the employee has been suspended for the time being, the employer shall notify the start of the work at least seven days earlier, unless otherwise agreed.

The employee has the right to terminate the contract of employment with another employer, regardless of the duration of the five-day notice period.

§ 7
Termination of the employment relationship of the laid-off worker

During the layoffs, the employee may terminate his contract of employment regardless of the duration of the contract without notice. If the date of expiry of the suspension is known to the worker, this right shall not be exercised during the seven days preceding the expiry of the suspension.

If the employer terminates the employee's employment contract at the end of the layoff, the employee has the right to receive his/her dismissal. The employer may deduct a 14-day salary from the salary period if the employee has been laid off in accordance with the law or contract with a notice period exceeding 14 days.

If the employee terminates his employment contract for a period of at least 200 days, he shall have the right to receive compensation for the period of notice, as provided for in paragraph 2.

Chapter 6

General provisions terminating the contract

ARTICLE 1
Fixed contracts

The fixed-term contract shall terminate without termination at the end of the period or when the agreed work is completed.

If the date of termination of the contract is known only to the employer, he shall inform the employee of the termination of the contract without delay after the end of the contract.

The contract of employment for the five-year period shall be five years after the conclusion of the contract, on the same basis and in accordance with the employment contract currently in force.

§ 1a (26.11.2004)
Suspension age

The employee's employment relationship is terminated without notice and notice at the end of the calendar month during which the employee reaches the age of 68 unless the employer and the employee agree to continue the employment relationship.

Notwithstanding Article 3 (2) of Chapter 1, the employer and the employee may agree to an extension of the employment relationship.

ARTICLE 2
General provisions on redundancies

For the time being, the employment contract concluded or otherwise in force shall be terminated by means of a notice to be notified to the other party.

The notice period may be fixed for a period not exceeding six months. If a longer period has been agreed, six months' notice should be taken instead. The period of notice to be followed by the employer may be agreed for longer periods of notice. If the period of notice to be followed by the employer is shorter than the notice of dismissal of the employee, the employee is entitled to the period of notice to be followed by the employer.

If the employment contract is terminated without notice, the employment relationship ends at the end of the working day or shift during which the notice of termination has been submitted to the other party.

ARTICLE 3
General periods of notice

Unless otherwise agreed, the periods of notice to be followed by the employer shall be subject to continuous termination of employment:

1) 14 days if the employment relationship has continued for up to one year;

2) one month if the employment relationship has continued for more than one year but not more than four years;

(3) two months if the employment relationship has continued for more than four years but not more than eight years;

4) four months if the employment relationship has continued for more than eight years but not more than 12 years;

5) six months if the employment relationship has continued for more than 12 years.

If no other agreement is agreed, the employee's terminating period of notice of termination shall be as follows:

1) 14 days if the employment relationship has continued for a maximum period of five years;

2) one month if the employment relationship has continued for more than five years.

§ 4
Non-compliance with the notice period

The employer, who has terminated the contract without complying with the contract notice, shall pay the employee compensation for the period corresponding to the period of notice.

An employee who has not complied with the period of notice shall be obliged to pay the employer a lump sum in return for the period of notice.

In the event of partial non-compliance with the period of notice, the liability shall be limited to the remuneration of part of the remaining period of notice.

§ 5
The silent extension of the contractual relationship

If the employer allows the employee to continue working after the contract period or the termination of the period of notice, the contractual relationship shall be deemed to continue.

ARTICLE 6
Recreation of workers

The employer shall, on the basis of the criteria set out in Article 7 (3) or (7), provide employment for a former employee seeking employment in the employment office if he/she needs workers within nine months of the termination of employment. The same or similar functions performed by the dismissed worker.

By way of derogation from Article 10 (2) of Chapter 1, this obligation also applies to the transferor of the movement within the meaning of Article 10 (10) of Chapter 1 where the transferor has terminated the contract of employment prior to the termination of the contract.

§ 7
Labour certificate

At the end of the employment relationship, the employee has the right to obtain a written certificate from the employer in respect of the duration of employment and the quality of his work. In addition, at the express request of the worker, the certificate shall state the reason for the termination of employment and an assessment of the worker's professional skills and behaviour. The work certificate shall show no evidence other than the wording of the certificate.

The employer is obliged to issue a work certificate to the employee if it is requested within 10 years of the termination of employment. However, a certificate of professional competence and behaviour shall be requested within five years of the termination of the employment relationship.

Where more than 10 years have elapsed since the termination of employment, the employment certificate for the duration of employment and the quality of the employment tasks shall be provided only if it does not give rise to undue hardship for the employer. Under the same conditions, the employer must issue a new certificate to replace the missing or depraved employment certificate.

Chapter 7

Grounds for termination of the contract

ARTICLE 1
General provision on termination criteria

The employer may terminate the employment contract currently in force only for a reasonable and weighty reason.

ARTICLE 2
Criteria for dismissal relating to the employee

In the event of a serious and serious breach of the obligations arising from the employment contract or the employment relationship, which are attributable to the worker or to his or her person, a serious infringement or omission of the obligations arising from the contract of employment may be regarded as a serious breach of the employment relationship; and An essential change in the conditions of employment of an employee who is no longer able to carry out his work. The assessment must take into account the circumstances of the employer and the worker as a whole.

At least the relevant and weighty basis for dismissal cannot be regarded as:

(1) the sickness, disability or accident of the worker, unless his ability to work has therefore been substantially reduced and so long that the employer cannot reasonably be required to continue the contractual relationship;

(2) the employee's participation in a work-fighting measure under collective agreement law or by an association of workers;

(3) the political, religious or other opinions of the employee or his participation in social or association activities;

(4) recourse to the legal remedies available to the employee.

However, an employee who has failed to fulfil or break the obligations arising out of an employment relationship shall not be dismissed until he has been given a warning to correct his/her procedures.

The employer shall, after consulting the employee, within the meaning of Article 9 (2) of Chapter 9, find out whether the dismissal would be avoidable by investing in other work.

If the grounds for dismissal are such a serious breach of employment that the employer cannot reasonably be required to continue the contractual relationship, the requirement laid down in paragraphs 3 and 4 is not required.

ARTICLE 3
Economic and productive redundancy criteria

The employer may terminate the contract when the work on offer is substantially and permanently reduced for reasons of economic, productive or industrial restructuring. However, the contract shall not be terminated if the employee is to be placed or trained in other tasks as provided for in Article 4.

There is no justification for dismissal, at least when:

(1) either before or after the dismissal, the employer has taken on a similar job, even though his conditions of action have not changed during the same period; or

2) the restructuring of the works has not been the result of a de facto reduction in employment.

§ 4
Obligation to provide work and training

The worker must be provided primarily with work corresponding to his work contract. In the absence of such work, the worker shall be offered other work equivalent to that of his training, skills or experience.

The employer shall provide the worker with the training required for new tasks, which may be considered appropriate and reasonable for both parties.

If an employer who effectively exercises a dominant influence on staff in another undertaking or in the Community on the basis of a contract or other arrangement does not provide the worker with the work referred to in paragraph 1, Examine whether he/she can fulfil his duties of supply and training by providing the worker with work on other companies or entities under his control.

§ 5
The right of withdrawal in the event of a transfer

The transferor shall not terminate the employee's employment contract solely on the basis of the transfer of the movement referred to in Article 10 of Chapter 1.

Where the employer provides, in accordance with Chapter 1, Article 10 of Chapter 1, an employee may, irrespective of the period of notice to which he/she has been employed, be terminated, irrespective of the duration of the termination, or the termination of the contract at the end of the day on which the contract is terminated, if he/she has obtained The transfer of information from the employer or the new holder of the movement no later than one month before the date of delivery. If a worker has been informed of the transfer later, he may terminate his employment contract from the date of delivery or, at the latest, within one month following receipt of the transfer.

ARTICLE 6
Responsibility of the donor

If the employment contract is terminated as a result of a substantial deterioration in the employee's working conditions as a result of the transfer of the movement, the employer is considered responsible for the termination of employment.

§ 7
Denunciation in the context of the restructuring process

If the employer is the law of the company's restructuring (187/1993) , the employer may, subject to Article 4, terminate the contract of employment, irrespective of the duration of the contract, in accordance with a period of two months' notice, if:

(1) the dismissal is based on an arrangement during the restructuring process or a measure which is necessary to prevent bankruptcy and for which the work ceases or falls within the meaning of Article 3; or

(2) The reason for the dismissal is the measure in accordance with the prescribed restructuring programme, which is the reason for the termination or reduction of the work within the meaning of Article 3, or on the basis of the economic reasons set out in the approved restructuring programme, , which requires a reduction in the labour force.

The employee's notice of termination in the context of the restructuring process shall be 14 days if Article 7 (1) of Chapter 5 is not otherwise provided.

§ 8
Employers' bankruptcy and death

When the employer is declared bankrupt, a contract of employment, irrespective of the duration of the contract, will be terminated. The notice period shall be 14 days. In the event of bankruptcy, a bankruptcy will be paid.

After the employer's death, both shareholders and employees of the estate have the right to terminate the employment contract, irrespective of the duration of the contract. The notice period shall be 14 days. The right of termination shall be exercised within three months of the employer's death.

§ 9
Dismissal of a pregnant or family-free worker

The employer may not terminate the employment contract as a result of a worker's pregnancy or on the grounds that the worker is exercising his/her right to the family leave provided for in Chapter 4. At the request of the employer, the worker must present an explanation of his pregnancy.

If the employer terminates an employment contract with a family-free worker as provided for in Article 7 (a) of Chapter 4, the employer is considered to be the result of the dismissal of the worker or of the family leave, unless the employer can prove: It was due to other factors. (4.3.2004)

The employer may be made redundant on the grounds laid down in Article 3 of the contract of maternity, special maternity, paternity, parental or childcare leave only if the employer ceases to function.

ARTICLE 10
Protection of the trustee and the trustee

The employer may terminate the contract of employment under a collective agreement as referred to in Article 2 of this Chapter, on the basis of Article 2 of this Chapter, on the basis of a collective agreement, only if the majority of the employees of the Or the authorised representative shall give its consent.

The employer may be made redundant on the grounds laid down in Articles 3 or 7 of the contract of confidence of the trustee and the trustee, or on the grounds set out in Article 8 (1) only if the work of the trustee or the trustee ends in full, and the employer cannot arrange for him to: His professional or otherwise suitable work or training him for other work within the meaning of Article 4.

ARTICLE 11
Amendment of the employment relationship

The employer may unilaterally amend the employment relationship on the basis of the redundancy notice referred to in Article 3, in accordance with the notice period.

ARTICLE 12 (23.6.2005/456)
Workers' right to employment

If, on the basis of the criteria referred to in Article 7 (3) and (4) or 7 (4) or 7 of Chapter 7 of the employment contract, the employer and the employee who have been dismissed by the employer have agreed otherwise, the worker shall be entitled to a full salary in order to take part in the period of notice Law on labour and business services (1916/2012) , for the purpose of drawing up employment plans, training in the form of employment training and related training, work-learning or self-initiative or a job interview or job interview, or Resettlement training. (28.12.2015)

The length of employment shall be determined by the length of the notice period as follows:

1) up to a maximum of five working days if the period of notice is not more than one month;

2) up to a total of 10 working days if the period of notice is equal to one month but not more than four months;

3) a maximum of 20 working days if the period of notice exceeds four months.

Before using a job free or part of a job, the employee must inform the employer about it and the employer as early as possible and provide a reliable explanation of each of the grounds on request.

There must be no significant disadvantage for the employer as a result of the use of employment leave.

Chapter 8

Termination of the contract

ARTICLE 1
The grounds for landing

The employer may, irrespective of the period of notice or the duration of the employment contract, be terminated immediately for a very heavy reason. Such a cause may be regarded as a serious breach of, or failure to fulfil, obligations arising from an employment contract or an employment relationship which is substantially affected by the employment relationship, that the employer cannot reasonably be required to continue the contract. At least for the period of notice.

Similarly, the worker may terminate the contract as soon as the employer infringes or fails to comply with his obligations which are substantially effective in relation to the employment contract or the law, in such a serious manner that the worker cannot be reasonably Requiring an extension of the contractual relationship at least for the duration of the period of notice.

ARTICLE 2
Expiry of the right of landing

The right of unloading shall lapse if the contract has not been terminated within 14 days from the date on which the party received the information referred to in Article 1.

If the removal is prevented due to a valid reason, it may be delivered within 14 days of cessation of the barrier.

ARTICLE 3
Determination of the employment contract

Where an employee has been absent from work for at least seven days without informing the employer of any valid reason for his absence, the employer may consider the employment contract undischarged from the beginning of the absence.

If the employer is absent from the workplace for a period of at least seven days without informing the employee of any valid reason for his absence, the employee may look at the termination of the contract.

If it has not been possible to notify the other party of the absence due to an acceptable obstacle, the termination of the contract shall be cancelled.

Chapter 9

Procedure for termination of the contract

ARTICLE 1
Redeemating the grounds for dismissal

The employer shall submit the termination of the contract within a reasonable period of time after the employer was informed of the grounds for dismissal relating to the person of the worker referred to in Article 2 of Chapter 7.

ARTICLE 2
Consultation of the employee and employer

Before the employer terminates the contract on the basis of Article 2 of Chapter 7 of the contract or the termination of the contract on the basis of Article 4 of Chapter 1 or the reason referred to in Article 1 of Chapter 8, the employer shall provide an opportunity for the worker to be heard; For reasons of termination of the contract. The worker has the right to use an assistant when he is heard.

Before the employee breaks down the employment contract for the purpose of Article 1 of Chapter 8, the employee shall provide the employer with an opportunity to be heard on the grounds of the termination of the contract.

ARTICLE 3
Employer's clearing obligation

Before the employer terminates the contract on the basis of Section 7 (3) or (7) of the contract, the employer must clarify the grounds and options for dismissal and the employment services from the employment and business office in good time. As possible. If the contract of employment is terminated on the basis of Section 8 of Chapter 7, the estate or estate shall provide a statement of the grounds for dismissal to the employees as soon as possible. The role of the Employment and Business Bureau to identify the necessary employment services in cooperation with employer and employee representatives is laid down in the law on public employment and business services. (28.12.2015)

If a number of employees are made redundant, the report may be submitted to the employees' representative or, failing that, to the employees collectively.

Where an employer is obliged, under a provision of a law, a contract or any other provision which is binding on him, to negotiate on the grounds of dismissal with workers or their representatives, the employer shall not have: The clearing obligation.

§ 3a (20,2013/1051)
Employer's notice to the Employment and Business Bureau

The employer shall immediately inform the work and business office of the dismissal of the workers if there are at least 10 workers made redundant on the economic or production grounds referred to in Sections 3, 4, 7 or 8 of Chapter 7.

The notification referred to in paragraph 1 shall indicate the number of workers made redundant, the professions or duties and the end dates of the employment relationship.

§ 3b (20,2013/1051)
Employer's obligation to provide information on the employment plan

In the cases referred to in Article 3 (a), the employer is obliged to inform the employee of the employment plan provided for by the Law on Public Labour and Business Services.

§ 4
Submission of termination declaration

The termination notice shall be communicated to the employer or his representative or to the employee in person. Where this is not possible, the notification may be submitted by letter or by electronic means. Such notification shall be deemed to have come to the attention of the consignee at the latest on the seventh day following the dispatch of the notification.

In the case of a worker under a law or contract in accordance with a law or contract, the termination of a working relationship based on a declaration or by electronic means of a period of at least two weeks shall be deemed to be: But not earlier than the day after the end of the holiday or leave.

When submitting a contract of termination of the contract by letter or by electronic means, the contract for termination of the contract referred to in Article 1 (4) and the termination criteria referred to in Article 8 (1) of the contract shall be deemed to have been drawn up, or within the prescribed period, if the notice is Transmitted or transmitted by electronic means during the course of time.

§ 5
Notification of the criteria to the employee

At the request of the employee, the employer shall, without delay, inform him in writing of the date of expiry of the contract and of the reasons for the termination or termination of the contract on the basis of which the contract has been terminated.

Chapter 10

Invalidity and unfair terms of the contract

ARTICLE 1
Invalidity under the law of the law

If the contract is not binding on the worker for reasons of invalidity, as provided for in Chapter 3 of the Act on Legal Licence, the worker shall be entitled to terminate the contract immediately, in place of incompetence, unless the validity of the contract of invalidity has been lost. Its importance.

ARTICLE 2
Unfair conditions

Where the application of a contract clause would be contrary to good practice or otherwise disproportionate, the condition may be settled or disregarded.

ARTICLE 3
The effects of a non-negligible condition

Although the condition of the contract is null and void, the contract is, in other respects, in force.

§ 4
Invalidity-based incompetence

The employer may not rely on the invalidity of the contract due to the incapacity of the worker for as long as the understature fulfils its contractual obligations.

Chapter 11

International employment contracts

ARTICLE 1
Law applicable to the employment contract

Where the contract has a connection with more than one State, the law applicable to the contract shall be governed by the Convention on the law applicable to contractual obligations of Rome on 19 June 1980.

ARTICLE 2
Posted workers

Minimum employment conditions and working conditions for posted workers are laid down in the law on posted workers (18/06/1999) .

Chapter 11a (207,2012/451)

Employers' solidarity in hiring workers illegally in the country

ARTICLE 1 (207,2012/451)
Scope

The provisions of this Chapter shall apply to the employer who has taken up the work of (301/2004) The third-country national referred to in paragraph 2a residing in the country illegally. The provisions shall also apply to the contract of the employer and to the other Contracting Party as provided for in this Chapter.

ARTICLE 2 (207,2012/451)
Subcontractor and contractor

For the purposes of this chapter:

(1) Subcontractor An employer acting as an employer, who has concluded an agreement with the subscriber in order to obtain a specific result in return for consideration;

(2) The sponsor A legal person or a natural person employed by an employee in the premises of Finland or in Finland, who is employed by a subcontractor;

(3) The principal contractor; A legal person or a natural person who, in the premises of Finland or in Finland, has more than one of the subcontractors referred to in paragraph 1 as those referred to in paragraph 2.

ARTICLE 3 (207,2012/451)
Penalties fee

An employer who has employed a worker or worker referred to in Article 1 shall be obliged to pay a penalty payment of at least eur 1 000 and a maximum of eur 30 000.

The maximum and minimum amount of the penalties shall be adjusted to reflect changes in the value of the currency by a three-year period, by decree of the Council of Ministers.

§ 4 (207,2012/451)
Factors affecting the amount of the penalty payment

In determining the amount of the penalty payment, account shall be taken of the intent and frequency of the employer's proceedings, other conditions of employment and the conditions of employment and the number of employees referred to in Article 1.

A reduction in the penalty payment is taken into account if a natural person has employed a worker for his private needs and where the worker's working conditions do not show any particular abuse.

§ 5 (207,2012/451)
Cost of return

The employer who is ordered to pay the penalty payment referred to in Article 3 shall be obliged to reimburse the costs of the return of the workers referred to in Article 1 where the refund procedures have been carried out, provided that: The employer has had an impact on the entry or residence of workers.

ARTICLE 6 (207,2012/451)
Determination of the penalty payment and reimbursement of return costs

The Immigration Office shall determine, by decision, the employer and the contractor referred to in Articles 10 and 11 to pay the penalty payment referred to in Article 3 and the return costs referred to in Article 5 within the time specified in the decision. Where, in the Decision, the penalty payment and the return costs are also imposed on the other subcontractor referred to in Sections 10 and 11, or any other subcontractor acting as a sponsor, the employer, the principal or the other contractor acting as a sponsor, The subcontractor shall be jointly and severally liable.

The penalty payment may not be imposed if the imposition of a penalty payment has not been initiated within two years of the termination of the employee's employment relationship. The levy and return costs shall expire after five years from the beginning of the year after which they were imposed.

The levy and return costs are to be borne by the State. The implementation of the penalty payment is governed by the law on the enforcement of the fine (2006) .

The penalty payment may not be imposed on the person suspected of doing the same in the case of preliminary investigation, prosecution or criminal proceedings pending before a court. Nor can the payment be made to the person who has been legally convicted of the same act. On application, the Immigration Office shall abolish the payment if the person who has been subject to a penalty payment is a suspect in a criminal case pending before a court or subsequently sentenced for the same offence.

§ 7 (207,2012/451)
Appeals appeal

The decision referred to in this Chapter shall be subject to appeal in the form of a rule of administrative law (18/06/1996) Provides.

§ 8 (207,2012/451)
Sending of workers' claims and duration of employment

The employer is obliged to pay the costs arising from the sending of the salary of the worker referred to in Article 1 to the State in which the employee has returned or returned.

Unless the employer or the employee proves otherwise, the worker's employment relationship is considered to have lasted for three months.

§ 9 (207,2012/451)
The employer's responsibility for the employee's claim

If the employer of the worker referred to in Article 1 is a subcontractor, the direct employer shall be obliged, in solidarity with the employer, to pay the following to the worker employed by the subcontractor:

(1) outstanding remuneration;

(2) working time (605/1996) Article 22 The remuneration of overtime and overtime provided for in Article 33 and the guaranteed remuneration for Sunday night;

(3) linkatan (162/2005) The annual leave allowance and the holiday allowance provided for in Chapter 4.

The employer is required to pay the costs referred to in Article 8 (1) as provided for in paragraph 1. The employer may also demonstrate that his liability in respect of the worker's claims provided for in paragraph 1 shall apply to the period referred to in Article 8 (2) from the duration of employment.

ARTICLE 10 (207,2012/451)
Responsibility of the employer for the penalty payment and return costs

If the employer of the worker referred to in Article 1 is a subcontractor, the direct employer shall be obliged, in solidarity with the employer, to pay the penalty fees provided for in Article 3 and the return costs referred to in Article 5.

The penalty payment may be imposed on the contractor only if it is also imposed on the employer. The costs of return may be imposed on the contractor if the employer has affected the entry or residence of an illegal worker.

ARTICLE 11 (207,2012/451)
Liability of the principal contractor

The principal contractor or other subcontractor acting on behalf of the contractor shall be obliged, jointly and severally, to pay the costs and costs of the penalties provided for in Article 3 and Article 9 with the employer acting as a subcontractor; If they knew that the worker was staying illegally in the country, as well as return costs, if the main contractor or other subcontractor acting as a sponsor has had an impact on the entry or residence of an illegal worker.

ARTICLE 12 (207,2012/451)
Right of recourse to applicants

The direct contractor, the principal contractor and the other subcontractor acting as the sponsor shall have the right to claim back from the subcontractor who is the employer of the worker referred to in Article 1, what they are Articles 9 to 11. Have carried out a penalty payment, a return cost, an employee's claim or a cost, in addition to the employer or instead.

ARTICLE 13 (207,2012/451)
Exposure to freedom

The employer, the principal contractor, the principal contractor and the other subcontractor acting as the contractor are not required to pay the penalties provided for in Article 3 and the return costs provided for in Article 5, if the existing residence permit Or else the document concerning the worker in the form of the right of residence was falsified and did not know that.

The immediate principal, the principal contractor and the other subcontractor acting as the sponsor shall not be required to pay the employee's claims and expenses as provided for in Article 9 if the document referred to in paragraph 1 was falsified and did not know: It.

Furthermore, the direct employer is not obliged to pay the penalty payment provided for in Article 3, the return costs provided for in Article 5 and the employee's claims and costs provided for in Article 9, if he/she can prove that he is his employer Of a subcontractor under the law on the clearing obligation and liability of the subscriber (1233/2006) in Article 5 , and in the form of contracts concluded with the subcontractor or by other means at its disposal, that the workers employed by the employer are employed by the A residence permit or other document issuing the right of residence.

Before taking a decision, the Office of the Immigration Service shall request an opinion from the Safety Authority on the compliance of the authority referred to in paragraph 3 with the provisions of the Law on the clearing obligation and liability of the subscriber § § The notifier shall comply with the opinion.

Chapter 12

Obligation to pay damages

ARTICLE 1
General liability

The employer, who, intentionally or negligently, infringes or fails to comply with the obligations arising from the employment relationship, must compensate the worker for the damage he has caused.

By way of derogation from the provisions of paragraph 1, the obligation to pay compensation in accordance with Section 4 of Chapter 1, or the termination of an employment contract contrary to the criteria laid down in Chapter 7 or Chapter 8, shall be determined in accordance with Article 2.

Any worker who, intentionally or negligently, infringes or fails to comply with the obligations arising out of an employment contract or, in his/her work, damages the employer, must compensate the employer for the damage he has caused to the employer; (412/1974) in Chapter 4, Article 1 Based on the criteria laid down.

The compensation for non-compliance with the period of notice is determined in accordance with Section 4 of Chapter 6. For a worker who has been laid off for at least 200 days, the right to an employment contract in the event of termination of a period of notice or equivalent compensation for dismissal is laid down in Article 7 (3) of Chapter 5.

ARTICLE 2
Compensation for unwarranted termination of the employment contract

An employer who, in breach of the criteria laid down in this Act, has decided on a contract of employment shall be ordered to pay compensation for the unjustified termination of the employment contract. Where an employee has terminated proceedings under Article 1 of Chapter 8 of the contract, which is due to an intentional or negligent procedure by the employer, the employer must be ordered to pay compensation for the unwarranted termination of the contract. A minimum of three and a maximum of 24 months shall be paid in the form of an exclusive remuneration. However, the maximum amount of compensation to be paid to the elected trustee and the trustee referred to in Article 13 (3) of Chapter 13 shall be 30 months' salary.

For the purpose of determining the amount of the compensation, depending on the reasons for the termination of the contract, the estimated duration of the work and the loss of earnings, the duration of the fixed-term contract, the duration of the employment contract, the duration of the employment contract, the age of the worker and his The employer's own contribution to the termination of the contract, the subject matter of the employment contract, the circumstances of the employee and the employer in general, and other similar circumstances. When calculating the compensation, account shall be taken of any compensation convicted for the same work under the Equality Act. (30/04/2013)

If, contrary to the criteria laid down in Article 7 (3) or (7) of Chapter 1, or in breach of the criteria laid down in Section 4 of Chapter 1, or in breach of the criteria laid down in Section 1 of Chapter 1, the employer has terminated the contract, the provision of compensation does not apply to the provision of paragraph 1. The minimum amount of compensation.

ARTICLE 3
Impact of unemployment benefit on compensation and compensation

In accordance with Article 2, the compensation provided to the employee in so far as it is compensation for the benefits arising from the declared unemployment or the loss of employment must be reduced

(1) 75 % of the unemployment benefit law paid to the employee during that period; (602/1984) Of the unemployment benefit in proportion to the intended earnings;

(2) 80 % of the basic daily allowance referred to in the unemployment insurance law applicable to the employee concerned; and

(3) to the worker during the period covered by the (1542/1993) Aid paid under the labour market.

The court or tribunal may make an allowance for the smaller reduction provided for in paragraph 1 or shall not do so, if it is the amount of the allowance, the economic and social conditions of the worker and the infringement he has experienced, Reasonable.

When dealing with the case referred to in paragraph 1 (1), the Court shall provide an opportunity for the unemployment insurance fund and the unemployment fund paid by the benefit to be heard. The court or tribunal shall require the employer to pay the amount deducted from the compensation to the unemployment insurance fund and shall forward the judgment rendered in the case or the decision notified to it. As regards the unemployment insurance fund, the question referred to in paragraph 1 (2) or (3) applies mutatis mutandis to the unemployment insurance fund.

If an employer's liability is awarded, it shall separately mention the total remuneration agreed under Article 2 and the employee's income resulting from unemployment, prior to the award of the contract Compensation. The compensation shall be subject to a reduction in accordance with paragraphs 1 and 2. The employer is responsible for the fact that the amount deducted from the compensation is paid to the unemployment insurance fund or to the National Pensions Office and that a copy of the contract is communicated to it.

As regards the compensation provided for in Article 2 above, the compensation provided for by Article 1 (1) is also applicable as a result of the unjustified suspension.

Unemployment security L 602/1984 And L labour market support 1542/1993 Has been repealed by L 1290/2002 . See. Unemployment security L 1290/2002 Part II and Part III.

Chapter 13

Miscellareous provisions

ARTICLE 1
Freedom of association

The employer and the employee are entitled to belong to the association and the right to participate in the activities of such an association. They also have the right to establish a legitimate association. The employer and the worker also have the freedom not to belong to the association referred to above. Obstruction and restriction of this right and freedom is prohibited.

The Anti-Association Agreement is void.

ARTICLE 2
Right of assembly

The employer shall allow workers and their organisations to use, free of charge, suitable premises under the control of the employer during breaks and outside working time to deal with matters of employment and the activities of the professional association Issues. The exercise of the right of assembly shall not prejudice the activities of the employer.

ARTICLE 3
Councillor for confidence

Employees who do not have an employer within the meaning of a collective agreement under collective agreement law may choose from among their members a trustee. The functions and powers of the trustee shall be determined in accordance with this law and in the rest of the employment legislation. In addition, employees may be authorised by majority decision to authorise the trustee to represent them in the areas of employment and working conditions laid down in the mandate.

The delegated authority shall have the right to obtain the information necessary for the purpose of carrying out the duties referred to in the law and to obtain sufficient freedom from his work. The employer must compensate for this loss. In order to carry out other tasks, the vacancy and the replacement of the loss of earnings must be agreed with the employer.

Article 10 of Chapter 7 provides for the protection of the trustee.

§ 4
Councillor and transfer of business

The authorising officer shall retain his or her status as provided for in Article 3, if the movement or part thereof is retained in order to preserve its independence. If the mandate of the trustee ceases due to the transfer of the movement, he shall have the protection of dismissal provided for in Article 10 of Chapter 7 for six months from the end of his term of office.

§ 5
Housing advantage

The worker has the right to use his residence as a pay advantage during the period in which he/she has been interrupted by reason of the reason for the termination of employment and the termination of the employment relationship (481/1995) The period provided for by the lessor. At the end of the employment relationship, in the event of death of an employee, the members of the family living in his apartment have the right to use the dwelling after the death of the person to whom the worker would have been entitled, but not more than three months.

At the end of the employment relationship, the employer may charge for the use of the apartment referred to in paragraph 1 for a fee of up to a square metre of not more than the amount of the housing allowance (108/1975) In the case of a fixed location for maximum housing expenditure per square metre. The recovery shall be notified to the worker or to his/her family members. The counter may be recovered from the beginning of the month, which mainly follows 14 days after the notification.

Similarly, the employer is entitled to charge for the use of the apartment in exchange for the termination of his payment obligations when the employment relationship continues. The counter may be collected at the earliest from the beginning of the second full calendar month following the end of the payroll obligation. No later than one month before the start of the payment obligation, the worker shall be informed of the recovery.

Where appropriate, the employer may, during the period of suspension of the employment referred to in paragraph 1 and for the period after the termination of employment, make available to the member of the family of the deceased or deceased person a suitable place of residence. The resulting migration costs are paid by the employer.

Housing aid L 408/1975 Has been repealed by L DEC-2014 , see L for general housing assistance DEC-2014 .

ARTICLE 6
Mandatory of provisions

A contract which reduces the rights and benefits of a worker under this law shall be null and void, unless otherwise provided for.

Notwithstanding the obligation to provide employment provided for in Article 5, Chapter 5, Article 2 and Article 6 of Chapter 6:

(1) the municipality may employ to fulfil its obligations under Article 1 of Chapter 11 of the Act on the Public Employment and Business Service, but not for the purpose for which it has, at the same time, suspended its employees or has provided The employee's declaration of leave;

(2) the association or the foundation may employ an unemployed person within the meaning of Article 8 (1) (3) of the Act on Public Labour and Enterprise Service, as referred to in Article 8 (1) (3) of the Act on Labour and Enterprise Service;

(3) the municipality, the consortium, the association or the Foundation may take on a public employment and business service contract within the meaning of the Act on Labour and Business Service, or a paid employment relationship with a person not otherwise engaged in a job or office relationship; Provided that the work experience and the paid employment are organised in a workshop or equivalent coaching unit with the aim of improving the ability of the person to seek training or access to the open market.

(30/04/2013)

L to 1367/2014 Article 2 is provisionally in force from 1 January 2015 to 31 December 2016.

§ 7
Derogation by collective agreement

By way of derogation from Article 6, the national associations of employers and employees, by way of derogation from Article 6, have the right to agree on Article 5 of Chapter 1 (employee benefits depending on the duration of employment), Article 2 (5) (employer's obligation to provide employment Part-time worker), Article 11 (salary period) and Article 13 (salary period and period), Section 3 of Chapter 5 (ex-ante and employee consultation), Article 4 (notice of leave) and Article 7 (2) (the employer's right to deduct the statement of reasons) Salary for the period of notice of notice), Chapter 6, Section 6 (return of the employee) And Chapter 9 (the termination of the contract). However, the collective agreement concluded between those associations may also provide for the reasons for the laying down referred to in Article 2 (1) (2) and (2) of Chapter 5, but does not extend the maximum period of suspension referred to in paragraph 1 (2); and Limit the territorial scope of the duty to provide the work provided for in Article 7 (4).

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 a collective agreement but which, according to the law of collective agreements, must be respected by the employer The provisions of the collective agreement. If the contract is so agreed, the terms of the collective agreement shall, after the termination of the collective agreement, comply with the provisions of the collective agreement, pending the entry into force of the new collective agreement, in the employment relationships where the provisions may be applied, if: The collective agreement would remain in force.

The provisions of this article concerning the national association of employers shall apply mutatis mutandis to the State negotiating authority and to the other State contracting authority, the municipal labour market organisation, the Evangelical Lutheran Church The contracting council and the Orthodox Church, as well as the provincial government of the province of Åland and the municipal council of the Åland Islands.

§ 8
Provisions derogating from the general binding collective agreement

The employer who has to comply with the universally binding collective agreement referred to in Article 7 of Chapter 2 may also comply with the provisions laid down in Article 7 thereof in the scope of this collective agreement if their application does not require local Agreement. The second sentence of Article 7 (2) shall also apply.

§ 9 15.8.2003/743)
Limitation and time of application

The remuneration of the employee shall expire five years after the date of due date, unless the period of limitation has been terminated. The same limitation period shall also apply to other claims referred to in this Act.

However, the limitation period for the personal injury suffered by the worker shall be 10 years.

At the end of the employment relationship, the amount referred to in paragraph 1 shall lapse if the action is not brought within two years of the termination of the employment relationship. However, where the provisions of the collective agreement which are the basis of the employee's claim must be regarded as manifestly open to interpretation, it shall become obsolete, as provided for in paragraph 1.

ARTICLE 10
Sightseeing

The employer must keep this law and the universally binding collective agreement referred to in Chapter 2, Section 7, on the free access of workers to the workplace.

ARTICLE 11 (21.12.2007)
Penalty provisions

Punishment for breach of the prohibition of discrimination laid down in Section 2 of Chapter 2 (39/1889) in Chapter 47, Article 3 On the violation of the freedom of association provided for in Chapter 13, Article 1 Article 5 of Chapter 47 of the Penal Code And the violation of the rights of the trustee referred to in Article 10 of Chapter 7 and of the rights of the trustee provided for in Section 3 of Chapter 13 Article 4 of Chapter 47 of the Penal Code -In.

Employer or his/her representative who, intentionally or negligently, infrings

1. The provisions of Article 4 (1) or (2) of Chapter 2 on the obligation to provide the worker with a written report on the main conditions of employment;

2) the provisions of Article 17 (1) of Chapter 2 on the restriction of the employer's right to sign;

3) Article 7 of Chapter 6 of the obligation to issue a work certificate to an employee;

(4) Article 13 (2) of Chapter 13 on the right of association of workers in the workplace; or

(5) Article 10 of Chapter 13 of this Act;

Must be condemned On the breach of contract law Fine.

It is also the case that, contrary to Article 4 (4) of Chapter 2, the breach of the contract of employment shall be condemned, in spite of the essential conditions of employment or, contrary to Article 16 (2) of Chapter 2, not to: The employee is paid by the employee. (14.11.2008/707)

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

ARTICLE 12
Control

Compliance with this law shall be subject to control by the Labour Inspecauthorities. In their supervisory role, and in particular in monitoring compliance with general binding collective agreements, the labour inspecting authorities shall cooperate closely with the employers'and employees' associations whose In accordance with Chapter 2, Section 7, employers must comply with the provisions of collective agreements.

At the request of the labour inspecting authorities, the employer shall have the right to obtain from the employer a copy of the documents necessary for the supervision and a detailed description of the agreements concluded orally.

Chapter 14

Entry and transitional provisions

ARTICLE 1
Entry into force

This Act shall enter into force on 1 June 2001.

ARTICLE 2
Repeal provisions

This law repeals the contract law of 30 April 1970. (19201970) With its subsequent modifications.

If any other law or regulation refers to the contract law in force at the time of entry into force of this Act, this law shall be applied instead.

ARTICLE 3
Transitional provision

In the case of employment in which the employer has to comply with or may comply either with the law on collective agreements or in accordance with Article 17 (1) and (2) of the contract law in force before the date of entry into force of this Act, To apply its provisions derogating from this law until the expiry of the collective agreement, unless the collective agreement is amended prior to it.

Article 17 (1) and (2) of the Labour Code, which entered into force upon entry into force of this Act, shall apply until the general binding nature of the collective agreement is established within the meaning of the law establishing the general binding force of the collective agreement and The decision has been taken by the law.

The obligation laid down in Article 10 (10) of Chapter 13 of the employer to maintain a collective agreement, as referred to in Article 7 (2) of Chapter 2, is to be regarded as from the date on which the decision on the strengthening of the general binding force has been adopted by the ministries and the other Of the law on the control of public authorities (189/2000) The Collective Collective Agreement, which is held by the Ministry of Justice, has been published in the manner laid down in Article 14 of the Law on the General Binding of the Collective Agreement.

THEY 157/2000 , TyVM 13/2000, EV 215/2000 Council Directive 98 /59/EC (31998L0059); OJ L 225, 12.8.1998, p. 16, Council Directive 77 /187/EEC (31977L0187); OJ L 061, 5.3.1977, p. 26, Council Directive 98 /50/EC (31998L0050); OJ L 201, 17.7.1998, p. Council Directive 91 /533/EEC (31991L0533); OJ L 288, 18.10.1991, p. 32, Council Directive 92 /85/EEC (31992L0085); OJ L 348, 28.11.1992, p. 1, Council Directive 96 /34/EC (31996L0034); OJ L 145, 19.6.1996, p. 4, Directive 96 /71/EC of the European Parliament and of the Council (31996 L0071); OJ L 018, 21.1.1997, p. 1, Council Directive 97 /81/EC (31997 L0081); OJ L 014, 20.1.1998, p. 9, Council Directive 1999 /70/EC (31999L0070); OJ L 175, 10.7.1999, p. 43

Entry into force and application of amending acts:

23.8.2002/750:

This Act shall enter into force on 1 January 2003.

THEY 59/2002 , TyVM 4/2002, EV

15.11.2002/943:

This Act shall enter into force on 1 December 2002.

THEY 97/2002 , TyVM 5/2002, EV 133/2002, Council Directive 2001 /23/EC, OJ L 82, 22.3.2001, p. 16

11.12.2002/1076:

This Act shall enter into force on 1 January 2003.

THEY 147/2002 , StVM 34/2002, EV 173/2002

15.8.2003/743:

This Act shall enter into force on 1 January 2004.

This law also applies to a claim whose legal basis was born before the law entered into force. However, under this law, a claim shall be aged less than three years after the entry into force of the law, unless the relevant provisions of this law also apply in the past.

THEY 187/2002 , No 278/2002,

24.10.2003/870:

This Act shall enter into force on 1 November 2003.

THEY 22/2003 , EV 25/2003,

20.1.2004:

This Act shall enter into force on 1 February 2004.

THEY 44/2003 , TyVM 7/2003, EV 95/2003, Council Directive 2000 /43/EC (32000L0043); OJ L 180, 19.7.2000, p. 22, Council Directive 2000 /78/EC (32000L0078); OJ L 303, 2.12.2000, p. 16

30.4.2004:

This Act shall enter into force on 1 May 2004.

THEY 28/2003 , THEY 151/2003 , SuVM 4/2004, EV 37/2004

26.11.2004, P.

This Act shall enter into force on 1 January 2005.

THEY 185/2004 , No 13/2004, EV 149/2004

23.6.2005:

This Act shall enter into force on 1 July 2005.

THEY 48/2005 , TyVM 6/2005, EV

8.6.2006/460:

This Act shall enter into force on 1 January 2007.

THEY 227/2005 , StVM 9/2006, EV 41/2006

29.6.2006/533:

This Act shall enter into force on 1 August 2006. However, Article 3 (a) of Chapter 4 will enter into force on 1 July 2006.

If the worker has informed the employer of the date of maternity, paternity, parental or parental leave or any change to the employer before 1 July 2006, the provisions in force at the time of entry into force of Chapter 4, Section 3a, of this Act shall apply.

THEY 44/2006 , TyVM 4/2006 EV 59/2006

29.6.2006/579:

This Act shall enter into force on 1 August 2006.

THEY 8/2006 , HaVM 6/2006, EV 58/2006

21.12.2007/1333:

This Act shall enter into force on 1 January 2008.

THEY 125/2007 , EV 105/2007,

14.11.2008/7:

This Act shall enter into force on 1 January 2009.

THEY 68/2008 , TyVM 6/2008, EV 95/2008

26.6.2009/534:

This Act shall enter into force on 1 January 2010.

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

THEY 62/2009 , StVM 16/2009, EV 71/2009

21.12.2010/11:

This Act shall enter into force on 1 January 2011.

THEY 239/2010 , TyVM 12/2010, EV 237/2010

4.3.2011/197:

This Act shall enter into force on 1 April 2011.

THEY 263/2010 , TyVM 12/2010, EV 304/2010

13/02/10:

This Act shall enter into force on 1 March 2012.

THEY 104/2011 , TyVM 4/2011, EV 110/2011, Directive 2008 /104/EC of the European Parliament and of the Council (32008L0104); OJ L 327, 5.12.2008, p. 9, Directive 96 /71/EC of the European Parliament and of the Council (31996 L0071); OJ L 18, 21.1.1997, p. 1

20 JULY 2012/451:

This Act shall enter into force on 1 August 2012.

THEY 3/2012 , HaVM 14/2012, EV 69/2012, European Parliament and Council Directive 2009 /52/EC (32009L0052); OJ L 168, 30.6.2009, p. 24

21 DECEMBER 2012/8731

This Act shall enter into force on 1 January 2013.

THEY 152/2012 , TyVM 6/2012, EV 141/2012

28.12.2012:

This Act shall enter into force on 1 January 2013.

THEY 133/2012 , TaVL 41/2012, PLL 32/2012, TyVM 7/2012, EV 163/2012

7 JUNE 2013/398:

This Act shall enter into force on 1 July 2013.

THEY 24/2013 , TyVM 4/2013, EV 66/2013

20.12.2013/105:

This Act shall enter into force on 1 January 2014.

THEY 90/2013 , THEY 176/2013 , StVM 24/2013, TyVL 14/2013, OJ 25/2013, EV 172/2013

30.12.2014/13:00:

The entry into force of this Act shall be regulated by law.

This law is valid for L 1347/2014 From 1 January 2015.

THEY 19/2014 , THEY 111/2014 , TyVM 11/2014, EV 223/2014

ON 30 DECEMBER 2011,

This Act shall enter into force on 1 January 2015 and shall be valid until the end of 2016.

THEY 198/2014 , PLN 38/2014, TyVM 10/2014, EV 207/2014

10.4.2015/4:

This Act shall enter into force on 1 May 2015.

THEY 268/2014 , HVM 55/2014, EV 348/2014