Key Benefits:
See the copyright notice Conditions of use .
In accordance with the decision of the Parliament:
Unless otherwise provided, this law shall apply to employment and labour relations.
The law governing the worker shall also apply to the official and to the official. The provisions of the collective agreement shall apply mutatis mutandis to the collective agreement.
Article 6 (2), Article 8 (2), Article 10 (3) and (4) and Article 11 (1) and (3) of the employment contract also apply to the arrangement of the working time of the official and the incumbent.
This law shall not apply to work which, owing to the nature of the employer's activity, is interrupted each year and where, on the basis of the contract referred to in Article 30, the employees are entitled to a minimum wage equivalent to the annual leave provided for in this Act. Free.
Working Time Law (605/1996) The domestic worker referred to in paragraph 1 (3) shall be entitled, in place of annual leave and annual leave, to the leave allowance referred to in Article 8 (1) of this Law. The same applies to the family members of the employer when the employer does not have other employees in addition to family members.
A contract which reduces the benefits of this law to an employee shall be null and void, unless otherwise provided for. By way of derogation from the law, the right of the employers' and the national associations of workers to agree on the law is governed by Article 30.
For the purposes of this law:
(1) For the year of application 1 April to 31 March, including those days;
(2) Holiday period The period from 2 May to 30 September, including those days;
(3) Working day Days other than Sundays, church holidays, 4th of July, Christmas Eve, Midsummer Eve, Easter Saturday and Day of Day.
The employee is entitled to a leave of two and a half working days for each full month. However, if the employment relationship has lasted for less than one year until the end of the year, the worker shall, however, be entitled to leave for two working days per month. For the calculation of the Loman's length, the part of the day shall be rounded to the full day.
The earnings of the annual leave shall not be interrupted for the reason that the employee has immediately transferred to the employer of an employer in which the ownership, contract or other arrangement control is:
(1) previous employer;
(2) one or more persons who are under the law of a former employer in the event of a bankruptcy (758/1991) in Article 3 In the case of proximity; or
(3) the persons referred to in paragraphs 1 and 2 together.
The duration of the employment relationship referred to in paragraph 1 shall not be read at the time when the work is interrupted in the case of a worker in the service of compulsory military service. (1438/2007) Within the meaning of the Act on the Voluntary Service for Women (194/1995) Or the Civil Service Act referred to in (1446/2007) Of civil service. (28.12.2007)
The date of application shall be the calendar month in which the worker has accumulated at least 14 days of employment or a day of tax within the meaning of Article 7 (1) and (2).
If, in accordance with the contract, the employee is employed on a limited number of days, it is therefore not possible for him to accumulate a single calendar month of 14 working days or only a part of the calendar month includes 14 working days. A calendar month during which the worker has accrued at least 35 working hours or an hour of employment as referred to in Article 7.
The amount of work is considered to be a period of absence from which the employer is obliged by law to pay the employee a salary. The amount of work is also considered to be at a time when the worker is absent from work on the basis of the free period in which his average weekly working time is equal to the ceiling laid down by law. However, during the same calendar month, the amount of free days granted for the purpose of obtaining weekly working time shall be kept for a period of only four days, unless the free time has been given in the form of a single free period of more than six working days.
The working days are also regarded as working days or working hours, in which case the worker is prevented from working as a worker:
(1) labour contract law (55/2001) in Chapter 4, Article 1 During the period of absence of maternity, special maternity, paternity or parental leave, as provided for in Article 6, during the absence of compulsory family reasons provided for in Article 7;
(2) in the event of illness or accident, up to a maximum of 75 working days per year, or if the invalidity persists after the end of the uniform period of assessment, up to a maximum of 75 working days per disease or accident;
(3) as a result of medical rehabilitation or medical rehabilitation in order to restore or preserve the ability to work, but not more than 75 working days per year, or if the rehabilitation continues as a single period; After the end of the financial year, up to 75 working days per rehabilitation period;
4) due to an order issued by the Authority to prevent the spread of the disease;
(5) study grant (273/1979) , up to a maximum of 30 working days per year, and only if the worker has returned to work immediately after study leave;
(6) with the agreement of the employer, on the grounds of participation in training, but in such a way that the employer and the employee may agree that days of working days are counted only for 30 working days at a time;
(7) for the purpose of layoffs, but not more than 30 working days at a time;
(8) the shortening of the working weeks corresponding to the layoffs or other comparable working time arrangements, but not more than six months at a time; if such a working time regime continues uninterrupted after the end of the operative event, The calculation of the new six-month period shall start after the end of the financial year;
(9) in the form of a reserve or an additional service or an additional service within the meaning of Article 58 of the Civil Service Act or the additional service referred to in Article 64; or (28.12.2007)
(10) in the case of a public confidence mission or a witness to a hearing which, according to the law, is not entitled to refuse, or which would be admissible only on the basis of a particular reason given by the law.
For the purposes of Article 6 (2), the tax period referred to in Article 6 (2) shall, in the cases referred to in paragraphs 2 and 3, be kept for a period not exceeding 105 calendar days and, in the cases referred to in paragraphs 5 and 7, 42 calendar days. The absence of a period of absence shall be deemed to have commenced on the first day on which the worker has been absent from work and on the day of the expiry of the period of absence, if the date has been predetermined or prescribed, and, failing that, the return to work; Prior to the date of absence. The hours worked by the employee in the absence of absence would have been included in the hours worked.
A worker who, according to the contract, is working for less than 14 days or 35 hours in all calendar months, is entitled to free two working days from each calendar month during which he/she has been employed. Sections 16 and 19 shall be laid down for the period of leave of the free period.
The worker who has worked for the same employer in accordance with Article 5 of Chapter 1 of the contract law on the basis of successive fixed-term employment contracts shall, if he so wishes, have the right to take a leave of absence, in accordance with Articles 5 to 7 of this Act. Time as far as the holiday has not been held.
The employee must declare his wish to take leave before the beginning of the holiday period. The guarantee shall apply mutatis mutandis, as provided for in Articles 20 to 26, for the provision of annual leave.
The worker shall have the right to have at least a regular or average salary during his annual leave, as provided for in this Act.
The benefits in kind shall be made in the course of the annual leave. Benefits that are not available to the employee during the annual leave are replaced by money.
An employee whose salary has been agreed for a week or a longer period shall also have the right to receive this remuneration for the period of his annual leave. If, in addition to the monthly or monthly wage, an employee has been paid or due to be paid, in addition to a monthly or monthly wage, a salary which is not determined on the basis of temporary circumstances, the proportion of that salary shall be calculated: For annual leave, as provided for in Article 11 (1) and (2).
If the employee is not paid for the full term of the payment period, the amount of the holiday allowance shall be calculated on the basis of the periods of leave and periods of employment in such a way that it corresponds to the salary paid to the employee.
If the worker's working time in accordance with the contract referred to in Article 6 (2) is so limited that, for that reason, only part of the calendar months of the calendar month have been completed for months, his holiday pay shall be calculated in accordance with Article 12.
The amount of the holiday allowance shall also be calculated in accordance with Article 12, where the worker's working time and the corresponding salary have been changed during the year. If the changes occur only after the end of the annual event, before the start of the annual leave or part thereof, the holiday pay shall be calculated on the basis of the weekly or monthly salary determined on the basis of the working time of the minimum age.
The annual salary of an employee who works for a non-weekly or monthly salary, which according to the contract is at least 14 calendar days per calendar month, shall be calculated by multiplying his average daily salary by reference to the number of holidays; By a qualifying factor:
| Number of holidays | I told |
| 2 | 1.8 |
| 3 | 2.7 |
| 4 | 3,6 |
| 5 | 4.5 |
| 6 | 5.4 |
| 7 | 6,3 |
| 8 | 7.2. |
| 9 | 8.1 |
| 10 | 9.0 |
| 11 | 9.9 |
| 12 | 10.8 |
| 13 | 11,8 |
| 14 | 12.7 |
| 15 | 13.6 |
| 16 | 14.5 |
| 17 | 15,5 |
| 18 | 16.4 |
| 19 | 17.4 |
| 20 | 18.3 |
| 21 | 19.3 |
| 22 | 20.3 |
| 23 | 21.3 |
| 24 | 22.2 |
| 25 | 23.2 |
| 26 | 24.1 |
| 27 | 25.0 |
| 28 | 25.9 |
| 29 | 26.9 |
| 30 | 27,8 |
If the number of holidays exceeds 30, the coefficient shall be increased by 0,9 days.
The average daily wage shall be calculated in such a way that, during the year of the year, the wage, emergency work and overtime paid to the worker in addition to the basic salary is paid or payable for the period of employment, in addition to the basic salary, , shall be divided by the number of days worked during the year to which regular regular working time shall be added, or, where the law does not provide for a maximum regular daily working time, the agreement The eighth part of working hours, in addition to regular working hours.
If, according to the contract, the number of employees' weekly working days is less than or equal to five, the average daily wage is multipled by the number of working days and divided by five.
For a non-weekly or monthly salary of less than 14 days, the annual salary paid by the person employed in the calendar month shall be 9 %, or at least 11,5 % by the end of the year before the end of the period before the end of the employment relationship. In the course of the year, the amount paid or payable for the period of employment, with the exception of emergency work and an increase in overtime payable under the law or contract.
Where an employee has been unable to work during the year's operative event for a reason as referred to in Article 7 (2) (1) to (4) or 7 (7), the salary on the basis of annual leave shall be increased to a maximum of 7 % of the salary for the period of absence. -the period laid down in Article 3 (3). The salary period shall be calculated, unless otherwise agreed, on the basis of the salary of the worker's average weekly working time and the start of absence, taking account of wage increases during the period of absence. If the average weekly working time is not agreed, the calculated salary shall be determined by the average weekly working time of the 12 weeks preceding absence.
If the consideration of the work has been agreed to be part or total of the services available to the public, these shall be taken into account in the calculation of the annual leave and savings income and the amount of the holiday allowance. The paid holiday pay shall be calculated as provided for in Articles 9 to 12.
According to Articles 10 to 12, the method of calculating the holiday pay is based on the way in which the employee was employed at the end of the year.
If, before the start of the holiday, the employee is a monthly salary, the employer and the employee may, notwithstanding paragraph 1, agree that the holiday pay shall be calculated on the basis of the monthly salary payable for each holiday. The agreement shall be made in writing.
If, according to Article 6, the employee has been entitled to a part of the operative part of the base year, and part of the year, the amount of the allowance referred to in Article 8 (1), the pay for the leave and the free period shall be calculated separately from each period.
The annual pay shall be paid before the start of the holiday. For a maximum of six days, the holiday pay shall be paid on the basis of employment on the date of payment of the salary.
An employee within the meaning of Article 8 (1) shall have the right to receive a holiday allowance of 9 % or, where the employment relationship has lasted at least one year before the end of the period before the end of the holiday period, 11,5 % of the During periods of employment, with the exception of paid or payable salary, with the exception of emergency work or an increase in overtime payable under the law or contract. Where an employee has been prevented from working for maternity, special maternity, paternity or parental leave, the remuneration on the basis of the holiday allowance shall be increased from the time of absence, as provided for in Article 12 (2).
At the end of the employment relationship, the worker is entitled to a leave allowance, instead of his annual leave, for the period from which he/she has not received leave or leave. If the employee's employment relationship has been completed for at least one year, the employee has the right to receive a holiday allowance from the beginning of the first sentence of Article 5 (1) during the first sentence of the first sentence of Article 5.
In the case of a worker who has accumulated in the first and last months of the employment relationship, the total number of days of employment or hours of employment, as provided for in Articles 6 and 7, and has not been granted leave or leave for these months, these months Shall be included in the form of a full application for payment of the holiday allowance.
The form allowance shall be calculated in accordance with Articles 9 to 12 of the annual leave allowance. The salary of the holiday allowance is calculated by using the number 6 and the monthly wage earners for the week 25. (12/04/2013)
A worker who is not entitled to leave under Articles 5 to 7 at the end of the employment relationship is entitled to a holiday allowance, the amount of which is calculated in accordance with Article 16.
In the case of a new employment relationship before the end of the employment relationship, the employer and employee may agree that leakability benefits accrued prior to the termination of the employment relationship shall be transferred during the next employment relationship. The agreement shall be made in writing.
For the worker who is exercising his right to leave for free, provided for in Article 8 (1), the leave allowance provided for in Article 16 shall be paid on a free basis as provided for in Article 15. Otherwise, the form will be paid at the end of the holiday period.
When a worker leaves the service of a military service, a voluntary military service or a civil service, he is paid a holiday allowance under Article 17, even if his employment relationship does not end.
The annual leave is given to the worker at the time of the employer's employer, unless the employer and the employee agree to leave the holiday within the meaning of Article 21.
For a period of 24 working days, 24 working days ( Summer holidays ). Other part of the holiday ( Winter break ) Shall be submitted no later than the beginning of the next holiday period. Medium and winter holidays shall be given in a single period, unless it is necessary to distribute part of the summer holiday, which exceeds 12 working days, to be held in one or more parts.
If, during the holiday period, during the holiday period, there is a seasonal job as a material difficulty for the employer's activities, summer holidays may be given outside the holiday season within the same calendar year.
The employer and the employee may agree that the employee holds a part of the holiday over 12 working days in one or more sections.
The employer and the employee may agree to invest the annual leave for the period beginning at the beginning of the calendar year for which the holiday period takes place and which ends the following year before the start of the holiday period. In addition, no later than one year after the end of the holiday period, an agreement may be made for the maintenance of a part exceeding 12 working days.
If the employee's employment relationship is terminated before the worker has the right to keep his annual leave, the employer and the employee may agree to keep the annual employment relationship due to the termination of employment.
On the initiative of the employee, the employer and the employee receive an agreement to keep a portion of the annual leave exceeding 24 working days. The agreement shall be made in writing.
The employer shall explain the general principles to be applied to the employees or their representatives at the workplace. Before the date of the holiday, the employer shall provide the employee with an opportunity to express his opinion on the date of the holiday. Where possible, the employer shall take account of the workers' proposals and shall respect the principle of neutrality in the establishment of holidays.
At the time of the leave, the employer must inform the employee at the latest one month before the start of the holiday. If this is not possible, the time of the holiday may be announced later. However, it shall be notified no later than two weeks before the start of the holiday.
The employer may not, without the consent of the worker, order the annual leave to commence on a worker's day off if this leads to a reduction in the number of days. Three days or less of the shorter holiday shall not be allowed without the worker's consent to allow the date of the holiday to be brought into line with the worker's work schedule.
The employer shall not, without the worker's consent, order the annual leave of the worker for the period of maternity or paternity leave. If a worker's annual leave cannot be given within the meaning of Article 20 or 21 as a result of maternity or paternity leave, the leave may be granted within six months of the end of the period of leave.
If the worker is unable to work as a result of his annual leave or any part of it or during the period of birth, illness or accident, leave must be postponed at the request of the worker. At the request of the worker, he/she shall also be entitled to the transfer of a holiday or part of a holiday, if it is known that during his leave, he or she will have to undergo medical treatment or any other comparable treatment during which she is unable to work.
At the request of the employer, the worker shall provide a reliable explanation of his incapacity.
The summer holiday referred to in Article 25 shall be issued during the holiday period and winter holiday before the beginning of the next holiday period. If it is not possible to give a leave in this way, the summer holiday may be given after the holiday period in the same calendar year and by the end of the following calendar year. If, as a result of the continuation of the invalidity, the absence of a holiday is not possible, the leave of absence is reimbursed by the leave allowance referred to in Article 17.
The employer shall indicate the date of the transferred leave for two weeks or, if this is not possible, no later than one week before the start of the holiday.
The employer and the employee may agree to be held for a period exceeding 18 days during the next holiday period or, after that, free of savings. The worker has the right to save a portion of his leave over 24 days if it does not cause serious damage to the production and service activities of the workplace.
For annual savings and the number of days to be saved, the employer and the employee must negotiate at the latest when, according to Article 22 of the employer, the employer hears about the date of the annual leave.
The allowance shall be given to the worker in the calendar year or in the calendar years prescribed by him. Unless a more precise moment of savings can be agreed, the employee shall notify the holding of the savings not later than four months before the date of commenting. Articles 25 and 26 provide for the transfer of annual leave and the release of the transferred leave.
An employee whose salary is determined by Article 10 is entitled to receive this remuneration from the period of savings. If the employee's salary is determined in accordance with Article 11 or Article 12, the pay-free period shall be determined on the basis of the salary of the savings year preceding the start of the savings period or part of that period. At the end of the employment relationship, in the event of a change in the employment relationship, or in the event of a worker being temporarily suspended, the worker shall have the right to be compensated for the amount of the savings which has not been retained, as provided for in Article 17.
In the event of payment of a holiday pay or a holiday allowance, the employer is obliged to provide the worker with a calculation showing the amount of the holiday pay or the amount of the holiday allowance and the reasons for the determination.
The employer shall keep a record of the employee's annual leave and savings, and on the salaries and allowances determined on the basis of this law ( Annual leave accounts ). The annual accounts shall indicate the length and time of the annual leave and the amount of the remuneration and the amount of compensation and the reasons for their determination.
The annual accounts and the written contract concluded by the employer and the employee by virtue of this law must be shown to be shown to the supplier of the work protection inspection and to the employee of the worker or to the person elected in accordance with Section 3 of Chapter 13 of the contract law. Or, if neither has been elected, to the High Commissioner for Labour. Upon request, the employee or his authorised authority shall be entitled to receive a written report on the employee's annual leave and the labelling of savings.
The annual accounts shall be kept at the end of the period laid down in Article 34 at least.
The national associations of employers and employees have the right to agree on a different holiday season, for the calculation and payment of annual leave and for the payment of the holiday allowance, for the establishment of a shorter working time for winter holidays, On savings and the provisions of Article 8 (2). In addition, the collective agreement between these associations may provide for the distribution of annual leave exceeding 12 working days in one or more sections, as well as the tax period provided for in Article 7, so that the agreed arrangement provides for: Annual leave of the same duration as those provided for in this Act. However, the provisions of Article 7 (2) (1) shall not derogate from the agreement. In addition, the national civil service contract may agree on a notification period for the transfer and suspension of the annual leave of the official or the office-holder and the reasons for the suspension of the leave in situations in which the transfer or Suspension shall be necessary or necessary for the exercise of public health or safety-related tasks as laid down in the law of the Community.
The provisions of the collective agreement referred to in paragraph 1 may be applied by the employer to workers who are not bound by collective agreements, but whose employment relationships are governed by collective agreements (166/46) Comply with the provisions of the collective agreement. If the contract is so agreed, the provisions of the terms of the collective agreement may be applied to the termination of the collective agreement on the entry into force of the new collective agreement in the employment relationships where the provisions of the collective agreement would apply if the collective agreement Should remain in force.
The provisions of this Article concerning the national association of employers shall apply mutatis mutandis to the State negotiating authority or to any other State contracting authority, to the municipal labour market, the Evangelical Lutheran Church The contracting council and the Orthodox Church, as well as the Government of the Province of Åland and the municipal council of the Åland Islands. The employment and civil service contract referred to in this Article shall, in the case of the Parliament, make a law on the officials of the Parliament (1197/2003) (1), in respect of Suomen Pankki, of the Bank of Finland (1166/1998) (1) and in the case of the People's Pension Fund, the Law on National Pensions (731/2001) Article 11 The parties referred to in paragraph 2.
The employer who is required to comply with the universally binding collective agreement referred to in Article 7 of Chapter 2 of the contract law may also, in the field of application, comply with the provisions referred to in Article 30 of this law if the application does not require Local contract. The final sentence of Article 30 (2) shall also apply.
In the case of a contract based on a collective agreement, the provisions relating to the remuneration and compensation of the annual leave of this Act shall apply, unless otherwise covered by the contract. A portion exceeding the statutory part of a holiday shall be provided as provided for in Article 20 (2), unless otherwise agreed.
In addition to what is laid down in this Act concerning annual leave, the Civil Service Act (18/04/1994) And in the legal relationship referred to in the law on officials of the Parliament, the following shall apply:
(1) the official shall receive a full annual leave of three working days per year, if he or she has a period of service before the beginning of the holiday period for a total period of at least 15 years;
(2) when a non-savings part of the official's annual leave is to be considered as non-holiday period, a leave is granted on the extended side of the holiday in this respect, but not more than the amount of the total holiday concerned and the extension; May not exceed six working days; when, pursuant to paragraph 1, a qualifying annual leave is kept for a period of up to 34 working days during the holiday period, leave shall be granted for a period of nine working days extended to a civil servant who is entitled to leave 12 Of the month of application; when a civil servant saves part of the actual In the case of leakages, deductions from the abovementioned ceiling of 34 days; if the official does not have the right to leave 12 months of assessment, but at least seven months, the For a period of five working days, if the actual annual leave, minus the number of days to be saved, is kept for a maximum of three quarters of the holiday period.
The provisions of paragraph 1 may be agreed differently as provided for in Article 30.
The right to a claim within the meaning of this Act shall lapse if, within a period of two years from the end of the calendar year, the application for an employment relationship is not lifted, during which the annual leave should have been given or the form of the holiday allowance paid.
At the end of the employment relationship, the application for the claim referred to in paragraph 1 shall be increased within two years of the termination of the employment relationship.
The employer must keep this law and the contracts concluded under it freely available at the workplace.
The Employment Council shall deliver opinions on the application and interpretation of this Act, as provided for by the Labour Council and by the Law on Certain Exemption (2004) Provides.
Compliance with this law shall be subject to control by the Labour Inspecauthorities.
Employer or his/her representative, who intentionally or negligently
(1) fails to provide an employee with the annual leave provided for in this Act, or to keep an employee during the period laid down for the duration of the annual leave;
(2) fails, at the request of the worker, without undue delay, in respect of the annual report provided for in Article 28, or
(3) fails to fulfil its obligations under the law and agreements laid down in Article 35;
Must be condemned On the annual leave order Fine. The responsibility between the employer and his representatives is determined by the (39/1889) Article 7 (7) Based on the criteria laid down.
Penalties for non-compliance or misuse of annual accounts as referred to in Article 29 of this Act, and of any such annual leave order, which has been issued in spite of the order, order or prohibition of the employment protection authority, provides: Article 2 of Chapter 47 of the Penal Code -In.
This Act shall enter into force on 1 April 2005.
This law will be repealed with subsequent amendments:
1) annual leave of 30 March 1973 (192/1973) ;
(2) the Act of 21 April 1939 concerning the annual leave of the municipality and other public servants in certain cases. (19,29) ;
3) Regulation of 31 August 1973 on the annual leave of civil servants (692/1973) ;
(4) Regulation of 23 December 1987 on the annual leave and annual compensation of certain part-time and secondary officials in the service of the State (22/1987) ;
5) Regulation of 6 March 1992 on the annual leave of foreign service officials (208/1992) ; and
(6) State council decision of 20 April 1978 on the annual leave of employees of the State (194/1978) .
If the law or regulation refers to the act repealed in this way, this law shall apply instead.
In the case of employment in which the employer has to comply or where an employer is allowed to comply with a collective agreement concluded either by collective agreements or by Article 7 of Chapter 2 of the contract law before the entry into force of this Act, the employer may apply a collective agreement to that effect. Provisions derogating from the law until the conclusion of the collective agreement, unless the collective agreement is amended before. Correspondingly, the State 's (64/72) , municipal council law, (669/1970) Or of the Law of the Evangelical Lutheran Church (968/1974) , the provisions derogating from this law may be applied until the termination of the contract, unless the collective agreement is amended before it.
Prior to the entry into force of this Act, the annual leave allowance and annual leave allowance shall be subject to the provisions of the annual leave legislation in force during the earning period.
THEY 238/2004 , TyVM 2/2005, EVThis Act shall enter into force on 1 January 2008.
THEY 140/2007 , TyVM 9/2007, EV 132/2007
This Act shall enter into force on 1 May 2013. However, Article 25 shall enter into force on 1 October 2013.
Article 10 (4) shall apply to the annual holidays earned from 1 April 2013.
In the case of employment relationships where the employer is required to comply with or where the employer is allowed to comply with either the (166/46) Or contract law (55/2001) Chapter 2, Prior to the entry into force of this Act, the employer may apply provisions derogating from this law to the collective agreement until the termination of the collective agreement, unless the collective agreement is amended before. Correspondingly, the State 's (64/72) , municipal council law, (669/1970) Or of the Law of the Evangelical Lutheran Church (968/1974) , the provisions derogating from this law may be applied until the termination of the contract, unless the collective agreement is amended before it.
THEY 203/2012 , TyVM 1/2013, EV 31/2013
