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The Law Is A Matter Of Local Authorities, The Holder Of The

Original Language Title: Laki kunnallisesta viranhaltijasta

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Law on municipal authorities

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 municipal authorities, unless otherwise provided for by law or by means of municipal law (669/1970) , otherwise agreed.

What this law provides for the municipality also applies to the consortium.

ARTICLE 2 (10/04/419)
Power-holder

For the purposes of this Act, the holder is a person who is in a relationship with the municipality. The term of office shall mean a public service contract in which the municipality is the employer and the holder of the job. Person shall be placed under the authority of the municipal (410/2015) Article 87 In the cases referred to in paragraph 2.

Chapter 2

Start of the current relationship

ARTICLE 3
Duration of the relationship

The power-holder shall be suspended or suspended indefinitely.

The holder may only be appointed for a limited period of time, at the request of the holder of the office, or if the period of suspension is expressly provided for or the nature of the task, the replacement, the organisation of the functions of the vacant post office or any other Must be treated as a requirement for a temporary post-economic relationship with the municipality.

A power-holder who, without justification under paragraph 2, has been taken for a fixed period or is without due cause repeated for a limited period of time shall be entitled to a minimum wage of six months and up to a maximum of 24 months at the end of the post-employment relationship. Corresponding compensation. The claim shall be made within six months of the end of the relationship.

§ 4
Public application procedure

A public application procedure shall be subject to a public application procedure unless otherwise specified below. The application period shall not be less than 14 calendar days from the date of publication of the notice in accordance with Article 108 of the Municipality Act. (10/04/419)

For legitimate reasons, the deciding authority may decide to extend the application period, a new application procedure or non-compliance. The notice of the new application procedure shall state whether previous applications are taken into account.

By way of derogation from paragraph 1, there may be no application procedure in the case of a replacement or an open flow ratio for a fixed period of time, for economic and production reasons. The relationship between the post office holder referred to in Article 22, the transfer of an office-holder within the meaning of Article 24 or other statutory posts provided for by law, the taking of a person employed by the other employer; The relationship between the law or the operation under the contract; In connection with the transfer, or any other such basis as laid down in the Governing Board.

§ 5
Recruit relationship

An office relationship which has been publicly available may only be taken by a person who has applied for it in writing before the end of the search period and meets the eligibility criteria. The application shall be accompanied by an explanation of the applicant's eligibility. In accordance with the decision of the mayor, and in accordance with the decision of the Board of Governors, a person who has not applied for it and whose qualification has been given a statement may, in accordance with the decision of the Board of Supervisors, be given his or her consent.

ARTICLE 6
Qualification requirements

The general criteria for the introduction of a relationship are laid down in the Constitution. In addition, the relationship to the post office shall be subject to the specific eligibility criteria laid down or determined by the municipality.

A person may be admitted to a fixed term of office, regardless of the specific eligibility criteria, if, for a specific reason, it is otherwise specified or otherwise decided by the municipality.

Only 18 years of age can be taken into account.

§ 7
Health report

An appointment shall be made conditional on the person to whom, at the request of the Authority, provide information on the health conditions of the treatment of the competent authority and, where appropriate, take part in: Of the European Parliament and of the Council. A person may be required to present a certificate on the protection of privacy in the field of employment (759/2004) As a condition for the appointment of a post. The costs of inspections and investigations imposed by the employer are borne by the employer. (13.08.2004)

For legitimate reasons, the deciding authority may decide that the report referred to in paragraph 1 shall not be required.

If the information on health conditions is not available, the inclusion shall be made conditional. The authorised official shall provide information on the admissibility of the decision by the deciding authority, including information on the admissibility of the decision. If, on the basis of the information, the information is not provided within the time limit, the Authority shall not, as a result of the information, consider that it can confirm the taking-up, the Authority concludes that the decision is to lapse. In other cases, the deciding authority or the executing authority shall decide to adopt the decision.

§ 8
Test time

A trial period may be imposed for a maximum period of six months starting from the start of the service. A probationary period for a shorter period of time may not exceed half of the duration of the relationship.

If the person employed by the same employer is employed by another employer, the employer may order the period to be followed in a new post office relationship if there is a significant change in the duties of the incumbent or his position.

During the trial period, the power ratio may be terminated on both sides immediately. The demolition shall not take place in the form of discriminatory or non-discriminatory criteria. (30/04/2013)

§ 9
Power supply order

The power-holder shall be provided without delay and, if possible prior to the start of the service, an extract or other written record of the office, which shall at least show the duration of the office of office, The duration of the term, the period of probation, the starting date of the service, the principal tasks or the basis of the operative event and the basis of the remuneration.

ARTICLE 10
Beginning of the power ratio and of the rights and obligations of the incumbent

The debt ratio shall begin with the decision on the appointment of the official.

The rights and obligations of the incumbent shall start from the date of the start of the service, unless otherwise specified or prescribed in this Act or elsewhere.

In the event of an official relationship between the employer and the same employer, the term of office of the holder of the office shall not be interrupted immediately by the post-office relationship.

Chapter 3

Employer's obligations

ARTICLE 11
General obligation

The employer shall ensure that the office holder is given the benefits and rights deriving from the relationship with which he/she belongs.

ARTICLE 12 (30/04/2013)
Equal treatment and non-discrimination

The employer shall treat the holders of their duties equally, unless it is justified by the duties and the position of the office-holders.

In the case of fixed-term and part-time positions, there shall be no less favourable conditions of employment for the duration of the current relationship or for the length of the working time, 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 13
Developing the working community and working environment

When changing the role or working methods of the incumbent, the employer shall endeavour to ensure that the holder is able to perform his/her duties. The employer shall also seek to promote the ability of the holder to develop in his career. The employer shall endeavour to promote its relations with the holder of the duties, as well as the relations between the holders of office and other servants.

ARTICLE 14
Occupational safety

The employer shall ensure safety at work, in order to protect the holder from the risks of accidents and health risks, as laid down in the Health and Safety Act (2002) And the provisions adopted pursuant thereto.

Where the work or working conditions of a pregnant official are liable to damage the health of his or the foetus, or the risk factor in employment or working conditions, the holder of the office shall endeavour to transfer to other persons, his or her In the light of their professional skills.

§ 15
Palm fish coil

The employer shall give the holder the calculation of the amount of the salary and the basis of its assessment.

ARTICLE 16
Right of assembly

The employer shall allow the holders of office-holders and their organisations to use, free of charge, suitable premises under the control of the employer during breaks and outside working hours, as well as for matters falling within the remit of the professional association Treatment. The exercise of the right of assembly shall not prejudice the activities of the employer.

Article 16a (10/04/419)
Rights holder's right to free work for the management of municipal confidence

The power-holder is entitled to free work for the purpose of managing a municipal trust, as provided for in Articles 80 and 81 of the Municipality Act.

Chapter 4

Obligations of the incumbent

§ 17
General obligations

The power-holder shall carry out the functions of the office properly and without delay in accordance with the relevant provisions and regulations, as well as the employer's management and supervision provisions.

The incumbent shall perform his duties in a balanced manner and shall act in accordance with his position and duties.

An administrator may not claim, accept or accept an economic or other advantage provided for under criminal law (39/1889) .

ARTICLE 18
Side action and competing activities

The term 'collateral' means an economic upturn, a paid employment and a permanent function of which the holder is entitled to refuse, and the pursuit of the occupation, the livelihood and the movement.

The administrator shall not receive or maintain a secondary activity which requires the use of working time to carry out the functions of the secondary activity, unless the employer agrees to grant the application. The authorisation may also be granted for a limited period and limited. The authorisation may be withdrawn when there is a reason. The power-holder shall be given an opportunity to be heard before the withdrawal.

When considering the granting of a sideline, account shall be taken of the fact that the official shall not be prevented from acting on account of an ancillary activity. Furthermore, the side action must not compromise confidence in the treatment of equity or otherwise hamper the proper performance of the task. As a side action, there must be no activity which appears to be damaging to the employer as a competitive activity.

In order to prepare a competitive activity, the incumbent shall not undertake any measures which, in the light of the provisions laid down in paragraph 3, cannot be considered acceptable.

Any side action referred to in paragraph 2 shall be notified by the holder to the employer. On the basis of the criteria laid down in paragraph 3, the employer may, after giving the holder an opportunity to be heard, be denied the opportunity to be heard.

§ 19
Provision of health information

In addition to what in the Medical Service Act (1383/2001) , the holder of the office shall be obliged, at the request of the employer, to provide the necessary information on the health conditions of the performance of the duties entrusted to him in order to determine his work and capacity. The administrator shall also be obliged, on the order of the employer, to take part in the checks and examinations carried out in order to establish his state of health if it is necessary to establish the conditions for the performance of the task. Before issuing an order, the power-holder shall be given an opportunity to be heard. The right of the holder to submit a certificate of a drug test shall be valid, as laid down in the Act on the protection of privacy in the field of employment. The patient's right to self-determination is governed by the law on the status and rights of patients (785/1992) . (13.08.2004)

The costs of inspections and investigations imposed by the employer referred to in paragraph 1 shall be borne by the employer.

§ 20
Occupational safety

The operator shall ensure safety at work, as provided for by the Health and Safety Act and by the provisions adopted pursuant thereto.

Chapter 5

Changes in the current relationship

ARTICLE 21
Modification of the current relationship

The employer may, after giving the holder an opportunity to be heard, unilaterally amend the post-employment relationship on the basis of the redundancy rate referred to in Article 37, in accordance with the period of notice.

§ 22
The right of a part-time post holder to another post

Notwithstanding Article 46, the employer, who needs new post-office-holders in a similar full-time position, shall, without prejudice to Article 46, give the holder of the part-time working office the opportunity to: In such a relationship, provided that the holder of the office has indicated in advance that he wishes to have a full-time relationship, he fulfils the eligibility criteria for this relationship and the task is appropriate for him.

ARTICLE 23
Amendment of the power supply obligation

For the time being, the municipal authority which decides to take up an existing relationship with the post office may, after giving the holder an opportunity to be heard, decide that the duty of the holder of the office is to be changed if the rearrangement or other A reasonable cause is required.

§ 24
Transfer of the power-holder to another power relationship

A power-holder may be transferred to another relationship with which he satisfies the eligibility criteria and which may be considered to be appropriate for him if his status is not altered so far or as a fixed term of office; or The legitimate reason for the restructuring of the tasks and the actual salary which he or she has received shall not be reduced or that the transfer has been authorised, or the transfer has been granted by the holder of the delegation.

For justified reasons, the incumbent may be transferred for a period not exceeding one year for the second post of his employer, whose eligibility criteria are satisfied and which may be considered appropriate to him, provided that the actual salary of the incumbent does not: Decrease. The order issued to the holder may be revoked at any time and the person concerned is obliged to immediately return to the former relationship with the most famous salary. The cancellation comes into effect immediately.

Before the transfer referred to in paragraphs 1 and 2, or the cancellation referred to in paragraph 2, the power holder shall be given an opportunity to be heard.

ARTICLE 25
Status of the power holder in the transfer of the movement

The transfer of the employer's movement refers to the transfer of the functional part of the municipality or the consortium to another employer if the part that is to be delivered remains the same or the same.

In the case referred to in paragraph 1, the rights and obligations arising from the existing relationship with the employer at the time of delivery of the employer shall be transferred to the new owner or holder. In the event of a transfer to a private legal entity or a foundation, they shall enter the contractual relationship with the transferee. As far as the transfer of rights and obligations is concerned, however, this does not apply to rights and obligations, which are precisely the result of an official relationship and are not specific to employment.

The transferor and the transferee shall be jointly and severally liable for the receivability of the remuneration due prior to the transfer. However, unless otherwise agreed, the transferor shall be liable to the transferee prior to the transfer.

The donor is obliged to comply with the provisions of the contract in force at the time of delivery, such as the (436/1946) Provides.

Chapter 6

Official leave

§ 26
Official leave

An exemption from the exercise of official duties may be granted to the power-holder, either in whole or in part.

In the case of part-time sickness absence during the period of validity of the contract, (55/2001) Chapter 2, Article 11a of Chapter 2 (1) and (2). (8.6.2006/461)

§ 27
Application and grant of leave

The request for leave shall be made in writing, unless otherwise provided for in the rest of the contract.

The granting of an official leave and its length shall be at the discretion of the employer, except where otherwise provided for in the rest of the contract. Where a leave of absence cannot be granted in accordance with an application, the application must be rejected or, with the written consent of the holder of the office, may be granted in any other way.

If the holder has been out of office and has not been granted leave of absence, the absence of an absence of leave shall be recorded retrospectively in the event of an absence of force or other valid reasons by the employer.

ARTICLE 28
Suspension and withdrawal of leave

Suspension or withdrawal of official duties at the request of the holder of the office shall be considered by the employer, save as otherwise provided in the law or otherwise provided for in the contract.

The suspension shall be suspended for a period of time when, on the basis of the justified consent of the incumbent official, a number of missions are to be carried out.

Where official leave is used for purposes other than that granted, leave of absence may be suspended or withdrawn. Before taking a decision, an office holder must be given an opportunity to be heard.

§ 29
Family free

The power-holder is entitled to leave for leave as a result of family leave in the form of a contract law (55/2001) Articles 1 to 8 provide.

Chapter 7

Lomping

ARTICLE 30
Lomping

The employer shall have the right to leave the holder in such a way that, for the time being, the service and the payment of wages shall be suspended or suspended, either in whole or in part, if the employer has grounds for dismissal in accordance with Article 37 The power ratio. A holiday does not prevent the holder from taking any other work.

In the case referred to in paragraph 1, the holder may be suspended for a maximum period of 90 days if the tasks or the conditions of the employer are temporarily reduced and the employer cannot reasonably organise other tasks or the employer 's Appropriate training. The agreement cannot agree to an extension of the maximum period for the above mentioned layoffs.

On the initiative of the employer, at the initiative of the employer, it may be agreed between the incumbent and the employer, in accordance with paragraph 1, where it is necessary in view of the employer's activity or the economic situation.

If the holder has been suspended for the time being, the date of commencement of the service shall be notified at least one week before the date of the contract.

Where the decision on leave has been revoked on the basis of a complaint or a complaint other than those referred to in paragraphs 1 or 2, and the employer has decided on the same suspension and has obtained the force of the decision, Shall be deemed to have done so in accordance with the first decision taken, unless the first decision on the notification or cancellation of the suspension has been taken.

ARTICLE 31
Lomking procedure

On the basis of the information available to the employer, the employer shall, on the basis of the information available to the office holder, give an advance notice of the reasons for the layoffs and the estimated scope, manner, time and duration of the execution. In case of a number of officials, the statement may be made jointly by the trustee or the office-holders. The report shall be issued without delay when the employer becomes aware of the need for layoffs. The report does not need to be submitted if the employer is required to submit a corresponding statement on the basis of the contract.

The decision on the suspension shall be notified in writing to the office-holder at least 14 days before the commencement of the holiday. The discharge decision shall be handed down to the holder in person. If the decision on layoffs cannot be given in person, it may be sent by letter in accordance with the same deadline. The decision delivered by letter shall be deemed to have been brought to the attention of the holder by the seventh day at the latest after the decision has been taken. The discharge decision should refer to the reason for the layoffs, the beginning of its inception and the duration of the temporary suspension, as well as the estimated duration of the suspension. The discharge decision shall be notified to the trustee and, in the case of a suspension, to at least 10 officials, including the employment service.

Advance settlement does not need to be submitted if the employer is responsible for the cooperation between the employer and the staff (1049/2007) To present an equivalent explanation or to negotiate a suspension with office-holders or their representatives. (13/04/450)

ARTICLE 32
Termination of the relationship in the event of a layoff

The suspended office holder shall have the right to terminate the post without notice at any time during the period of notice, but not if the expiry date is in his file, in the last week before the end of the layoff. The rest of the contract is void.

If the period of notice provided for in Article 40 (1) has not been taken into effect by the holder of the suspension and the employer terminates the holder before the end of the sentence, the holder shall be entitled to compensation for the period of notice. The salary of the notice period shall be reduced by 14 days' salary if the holder has been laid off in accordance with the law or contract in accordance with a notice period exceeding 14 days.

When the suspension has entered into force, the period of notice of termination of the post-termination period and the duration of the suspension in force has lasted at least 200 calendar days, as laid down in The incumbent shall have the right to receive, as provided for in paragraph 2, the right to receive compensation for the period of notice.

§ 33
Replacement of lost earnings

If the decision on the suspension is annulled by a final decision as contrary to Article 30 (1) or (2), the holder is paid, in the manner prescribed in Article 45, of the regular working time as a result of an unlawful layoff.

Chapter 8

End of the relationship

§ 34
Termination of the current relationship without notice

The debt ratio is terminated without notice and notice period:

(1) when the time limit for which the holder has been taken is exhausted;

(2) where the role of the incumbent has been carried out;

(3) the time limit for the replacement of a temporary post holder, irrespective of the time when the suspended office holder returns to the post office, if the incumbent has an unconditional right to return on the basis of the law or the provisions of the contract; Public office;

(4) where a full invalidity pension has been granted to the office-holder for the time being, at the end of the calendar month during which the right of the holder to receive sickness benefit has ended, or if the municipality has obtained the The invalidity pension decision at a later date, at the end of the month of the month;

(5) in the absence of a conditional choice within the meaning of Article 7 (3) of the office-holder, as from the day following the date on which the decision is to lapse; or

(6) at the end of the calendar month in which the holder fulfils 68 years, unless the suspension period is agreed with the incumbent. (30.07.2004 ,714)

ARTICLE 35
Grounds for dismissal due to a power-holder

The employer may not terminate a period of error for a reason which is due to the holder of the office, unless the cause is correct and heavy. Such a reason may be considered to constitute a serious breach of, or failure to comply with, the obligations arising from the relationship, law or regulations, and the conditions of work of the holder of the office of office An essential change which means that the incumbent is no longer able to carry out his duties. When assessing the seriousness and the weight, account shall be taken of the circumstances of the employer and the office-holder in its entirety.

The reason referred to in paragraph 1 shall not be:

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

(2) participation on the basis of a decision of the Association Council in order to implement an industrial action plan;

(3) the political, religious or other opinion of the holder and its participation in social or union activities; and

(4) reliance on the legal remedies available to the holder.

However, the power-holder who has failed to fulfil or infringed its obligations arising out of the power relationship shall not be dismissed until a warning has been given to him to correct his/her procedures.

Before the dismissal, the employer shall determine whether the dismissal would be avoidable by placing an official in another relationship.

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

§ 36
Withdrawal of the basis for dismissal due to a power-holder

The denunciation shall be made on the basis of the provisions laid down in Article 35 within a reasonable period of time from the date on which the dismissal is brought to the attention of the deciding authority.

ARTICLE 37
Economic and productive redundancy criteria

The debt ratio may be terminated when the duties of the incumbent have been substantially and permanently reduced for economic reasons, the duties of the employer or the entity concerned, or other comparable reasons. The denunciation also requires that, in view of their professional competence and ability, the holder cannot reasonably be invested in another relationship or an employment relationship which is not substantially different from that of the office-holder; or To train new tasks.

The grounds for dismissal referred to in paragraph 1 shall not be deemed to be at least where:

(1) the dismissal has been preceded or followed by the taking of a new person for similar tasks and no change in the conditions of the employer's operating conditions; or

(2) The restructuring of the tasks declared as the reason for the dismissal does not de facto reduce the tasks or other quality of the tasks offered by the employer.

Article 37a (13/04/450)
Free employment and reporting obligations for employers

The power-holder has the same entitlement to employment as a worker under contract law.

The employer's obligation to inform the employment and business office of any dismissal on the economic or production grounds of the holder and the obligation to inform the holder of his/her right to employment in the employment plan shall be determined by: Under contract law. (20/12/2013/1052)

ARTICLE 38
Special redundancy protection

An administrator who has been granted leave of absence due to family leave shall enjoy the same protection as a worker under contract law. The same applies to an office-holder who is pregnant or who will exercise his/her right to the abovementioned freedom.

A Confidential Power ratio may be terminated on the basis of Article 35 only if the majority of the officials and employees of whom he is a confidence man give his consent. The power ratio may be terminated on the basis of Article 37 only if the work is complete and the holder cannot be provided with other work which corresponds to his/her professional competence or training him within the meaning of Article 37.

ARTICLE 39
The right of withdrawal in the event of a transfer

The transferor shall not terminate the service of the holder on the basis of the transfer of the movement referred to in Article 25 (1) alone.

As provided for in paragraph 25 (1) of Article 25 (1), the holder of his movement shall, in the absence of any other period of notice or of the duration of the period of notice, be terminated, irrespective of the duration of the period of notice, or the date of the termination of the post, if he/she: Has been informed of the transfer of information from the employer or the new holder of the movement no later than six seasons before the date of delivery. If he has been informed of the transfer later, he may terminate his service after the date of the surrender or, at the latest, within one month following receipt of the transfer.

ARTICLE 40
Time of notice

In the case of a dismissal by the employer, the period of notice of the post holder shall be at least:

(1) 14 days if the service has lasted for a maximum of one year;

(2) one month if the service has continued uninterrupted for more than one year, but not more than four years;

(3) two months if the service has continued without interruption for more than four years, but not more than eight years;

4) four months if the duration of the service has been interrupted for more than eight years, but not more than 12 years; and

5) six months if the duration of the service has been interrupted for more than 12 years.

In the event of termination of office by the incumbent, the period of notice of termination shall be at least:

(1) 14 days if the duration of the service has not been more than five years;

(2) one month if the service ratio has continued without interruption for more than five years; and

(3) two months, if the delegation is part of the Board of Governors.

The notice period shall start to run from the day following the date on which the denunciation was made or served. At the request or with the consent of the incumbent, a shorter period of notice referred to in paragraphs 1 and 2 may be followed.

ARTICLE 41
Unwinding of the current relationship

The employer may, irrespective of the period of notice or the length of the time limit, be terminated by the employer, irrespective of the length of the time limit, for a very weighty reason. Such a cause may be considered to be such a serious breach of, or failure to comply with, the obligations arising from the law or regulations, and that the employer cannot reasonably be required to continue the post The duration of the notice period.

ARTICLE 42
Expiry of the right of landing

The right of unloading shall lapse unless the cause has already been lost in the past, 14 days after the employer has been informed of the issue or, if the cause is continuous, after the employer has been informed of its cessation. If the removal is prevented due to a valid reason, the unloading shall be delivered within 14 days of cessation of the barrier.

ARTICLE 43
Procedure for termination of the partnership

Before termination or termination by the employer, an office holder must be given an opportunity to be heard, on the grounds of the termination of the relationship, with a statement of reasons. The power-holder shall have the right to use the assistant in the hearing. The right to use an assistant shall be notified to the incumbent. The decision on termination or termination by the employer shall be recorded in the minutes.

If the employer is obliged to negotiate on the basis of an economic or production-based dismissal, the employer is obliged to negotiate on the basis of the employer's and his/her staff. , the employer does not have a corresponding obligation under paragraph 1. (13/04/450)

The decision to terminate or discontinue the relationship shall be communicated in writing to the official holder in writing. If this is not possible, the decision to terminate or terminate the post office may be notified by means of a letter. (13/04/450)

If the decision to close the relationship has been sent by letter, the decision shall be taken to the office of the holder of the decision no later than the seventh day after the decision has been taken. However, in the absence of at least two weeks' free time in the event of a discharge or the levying of working time, the termination of the post shall be deemed to have been completed at the earliest the day after the end of the holiday or leisure time. (13/04/450)

In the event of delivery, the notification letter shall be deemed to have been lodged within the prescribed period in accordance with Articles 8 and 41, if the notification has been lodged within that period for the carriage of the mail. (13/04/450)

ARTICLE 44
Continuing the current relationship

The power-holder's term of office shall continue uninterrupted if the termination or termination of the post-flow ratio has, according to a final decision, taken place without the grounds for dismissal or cancellation provided for by the law.

Where the decision on termination or termination has been revoked on the basis of a complaint or a complaint other than that provided for in paragraph 1, and the employer has decided on a new decision, the employer has obtained the legal force, Shall be deemed to have been terminated in accordance with the decision taken first, subject to the period of notice.

If, in the case provided for in Article 51 of the Court of Justice, the employer considers that the employer has had a notice of dismissal, the post-office period shall be deemed to continue until the termination of the period of notice and the holder is entitled to have a period of notice Wages.

ARTICLE 45
Replacement of lost earnings

Where, in the cases referred to in Article 44 (1), the decision on the termination of the relationship has been effectively resolved and the employer has received the report referred to in paragraph 2 below, the office-holder shall be paid without undue delay to the In the case of termination of the regular working time, minus the amount of the regular working time taken from the same period in other service, self-employed or self-employed earnings, which the incumbent would not have obtained in the performance of the post. In the same way, account shall be taken of the amount paid to the holder of the unemployment benefit law (1290/2002) For the benefit of the benefit, the basic allowance and the labour market support, as well as the sickness insurance law paid to him during the corresponding period; (364/1963) The date and maternity allowance.

The administrator shall be obliged to provide the employer without delay with a reliable account of the other gainful income referred to in paragraph 1, the earnings allowance, the basic allowance, the labour market support and the sickness insurance scheme.

The employer shall, without delay, pay 75 % of the unemployment insurance fund and 25 % of the allowance paid to the person concerned in the unemployment insurance fund, and the basic daily allowance paid to the Social Insurance Institution Or labour market support.

For the purposes of determining the pension benefits of a power-holder, the remuneration referred to in paragraph 1 above shall be deemed to have been taken into account in relation to any other service, self-employed or self-employed person referred to in paragraph 1. The right to income. This reduction shall not take into account the daily allowances or labour market support referred to in paragraph 1 above. Notwithstanding any other provision, the holder shall be deemed to have had a permanent relationship with the pension entitlement, even during the period mentioned in paragraph 1, even if he did not have any credit for that period.

What is laid down in this article on merit, basic allowance and labour market support, also applies to the unemployment insurance law (602/1984) On the basis of the payment of daily allowances and of the basic allowance and of the labour market support (1542/1993) Of the labour market.

Sickness insurance 364/1963 Has been revoked by Sickness Insurance 1224/2004 . Unemployment benefit L 602/1984 And L labour market support 1542/1993 Has been repealed by the Unemployment Security Act 1290/2002 .

ARTICLE 46
Recreation of the dismissed incumbent

If, in accordance with Article 37, the employer has been made redundant on the basis of the criteria laid down in Article 37, and within nine months of the termination of the period of notice, the employer is required to hold an office-holder for a similar period of time in force; or For more than six months in a sustainable relationship, the employer shall inquire from the local employment authority whether or not those who have been made redundant are working through this authority and, in a positive case, offer work Fulfilling the eligibility criteria as a priority To officials. The same obligation applies to the transferor, as referred to in Article 25, where the transferor has been dismissed prior to the release of the incumbent.

An employer who, intentionally or negligently, fails to comply with the obligation referred to in paragraph 1, shall compensate the holder of the damage he has caused.

Chapter 9

Detention of the suspension

§ 47
Detention of the suspension

If, on a probable basis, the holder is suspected of having committed an error of office or otherwise acted in breach of its obligations, he may be suspended for the duration of the investigation or proceedings. A declaration of offence shall be made without delay if there is an obvious risk of error.

When a person may be suspected of having committed a criminal offence on the grounds of probable cause, he may be suspended for the duration of the investigation or proceedings if the facts in question may have an impact on: The conditions of the office-holder to perform their duties.

In the event of a situation other than those referred to in paragraphs 1 and 2, an office holder may be suspended for a period of time when, for a reason, he or she is unable to carry out his duties properly.

ARTICLE 48
Procedure for the suspension of the supply

The local authority or other authority designated by the Executive Board shall decide on the suspension. However, it is the Board of Governors who decides on the suspension of the duties of the mayor. Before the meeting of the Board of Governors, the President of the Council may be temporarily suspended by the President of the Council. Any suspension of the duties of other officials may be suspended temporarily by the mayor or the senior official designated by the Board of Directors.

The senior institution of the consortium shall be suspended by the senior official of the consortium. Before the meeting of the senior institution of the consortium, the office of the senior official of the consortium may be temporarily suspended by the President of the institution of the consortium.

Before a decision is taken on the suspension of duties, an office holder must be given an opportunity to be heard.

The suspension decision may be implemented immediately.

ARTICLE 49
Review of the suspension of the suspension

The institution which decides to hold office shall monitor the grounds for suspension and, where appropriate, a new decision on the matter. Any extension of the suspension shall be taken without delay, if necessary by the incumbent.

Chapter 10

Appeals appeal

§ 50 (10/04/419)
Appeals appeal

The employer's decision under this law shall be appealed against, as provided for in the order for appeal and the municipal appeal. However, the withdrawal period from the decision on termination referred to in Article 37 shall begin to run only after the termination of the period of notice provided for in Article 40 (1). The same shall apply to the time of appeal when the decision on termination referred to in Article 37 has been taken by the Board of Governors or the institution of a consortium within the meaning of Article 58 (1) of the Municipality Act.

ARTICLE 51
Examination of the grounds for termination in the case of landing

If the Court of Justice considers that the grounds for dissolution laid down in Article 41 are not met, the Court must consider whether the employer has had the basis for dismissal provided for in Article 36.

ARTICLE 52
Processing of complaint

The appeal against dismissal, dissolution and subfrontloading and suspension of duty shall be dealt with as a matter of urgency before the Court.

ARTICLE 53
Reimburation of costs

Notwithstanding the reimbursement of legal costs in the administrative law (18/06/1996) , the person concerned who has lodged a municipal appeal or any other person who must be deemed to have filed a complaint on behalf of the holder of the complaint must be ordered to pay the employer's reasonable costs if the appeal relates to: The case referred to in this Act and the appeal shall not be accepted. Similarly, the public authority must be ordered to pay the costs of the party which made the local appeal, in so far as the decision is partly or totally annulled by the decision.

By way of derogation from paragraph 1, costs shall not be ordered to be reimbursed when the decision concerns the taking up of a post or where the case has been legally so vague that there was a reasonable cause or the costs of proceedings Shall otherwise be considered to be disproportionate in the light of the nature or circumstances of the case.

Chapter 11

Outstanding provisions

ARTICLE 54
Freedom of association

The power-holder shall have the right to belong to the association and participate in the activities of such an association. He also has the right to establish an association. The power-holder shall also be free not to belong to the association referred to above. Obstruction and restriction of this right and freedom is prohibited.

ARTICLE 55
Remedent obsolescence

Within three years from the end of the calendar year in which the relevant remuneration or other interest had been paid or provided, the incumbent shall disclose a written request for a salary or other financial benefit. If the above requirement is not submitted within the deadline, the entitlement to pay or any other financial benefit is lost.

The provisions of paragraph 1 shall also apply to a person who has ceased to have a post, and to the estate of the holder of the estate.

ARTICLE 56
Restoration of pay

Any amount unduly paid or any other amount of financial benefit resulting from a service relationship shall be recovered. Recovery may also be carried out in such a way that the amount to be recovered shall be deducted from the salary of the incumbent on the basis of the following wage or salary, if this is still employed by the same employer. The recovery decision shall mention the amount to be recovered and the reasons for recovery.

On the basis of Article 1 (1), the salary shall not be charged more than the amount of the salary required by the law.

The employer may waive recovery, either in whole or in part, if the recovery is taken into account, taking into account the circumstances, or if the amount unduly paid is negligible.

If the recovery has not been decided or initiated in another order within three years of the end of the calendar year in which the undue pay or other benefit has been paid, the right to recovery shall be lost.

ARTICLE 57
Order of the claim for compensation

The requirements for compensation referred to in Article 3 (3), Article 32 (2) and (3) and Article 46 (2) shall be dealt with by administrative court.

ARTICLE 58
Labour certificate

At the end of the relationship, the power-holder shall have the right to obtain a written certificate from the employer on the duration of the relationship and the quality of his duties. In addition, at the specific request of the incumbent, the certificate shall indicate the reason for the termination of the post and an assessment of the professional skills, diligence and behaviour of the incumbent. 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 holder of the office if it is requested within ten years of the termination of the post office. However, the certificate of professional competence, diligence and behaviour of the holder shall be requested within five years of the termination of the post-post ratio.

If more than 10 years have elapsed since the end of the post ratio, the employment certificate shall be issued 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 12

Entry and transitional provisions

ARTICLE 59
Entry into force

This Act shall enter into force on 1 November 2003.

This law repeals the law of 28 June 1996 on the employment front of a municipal office holder (484/1996) With its subsequent modifications.

ARTICLE 60
Transitional provision

If the case referred to in this Act is pending at the time of entry into force of this Act, the provisions and provisions in force at the time of entry into force of this Act shall apply.

THEY 196/2002 , HVM 31/2002, EV 301/2002

Entry into force and application of amending acts:

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

30.07.2004/714:

This Act shall enter into force on 1 January 2005.

THEY 45/2004 , StVM 14/2004, EV 111/2004

13 AUGUST 2004 TO 764

This Act shall enter into force on 1 October 2004.

THEY 162/2003 , No 8/2004, EV 114/2004

8.6.2006/461:

This Act shall enter into force on 1 January 2007.

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

29.6.2006/581:

This Act shall enter into force on 1 August 2006.

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

13.4.2007:

This Act shall enter into force on 1 September 2007.

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

20 DECEMBER 2013/1052:

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

30.12.2014/1333:

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

10.4.2015/419:

This Act shall enter into force on 1 May 2015.

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