Assignment Jahnvi

7/30/2019 Assignment Jahnvi

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An

Assignment Report

OnFinland Country Labour Legislations & Laws

Submitted To:-

Prof. Jahnvi Maam

Submitted By:-

Deepika Priyadarshini

PGDMAH1103

Dayananda Sagar Business School


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Index

Sr. No Content PageNo.

1. Finland Overview

2. Finland Working Culture


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1.Finland Overview:-

Finland, officially the Republic of Finland, is a Nordic country situated in the Fennoscandian

region of Northern Europe.

Capital: Helsinki

Currency: Euro

National anthem: Maamme

Population: 5,387,000 (2011)

Official language: Finnish Language, Swedish Language

Government: Multi-party system, Federacy, Parliamentary republic

Finland officially the Republic of Finland, is a Nordic country situated in the

Fennoscandian region ofNorthern Europe. It is bordered by Sweden to the west, Norway to the

north and Russia to the east, while Estonia lies to the south across the eponymous Gulf of

Finland.

An estimated 5.4 million people live in Finland, with the majority concentrated in its southern

regions.In terms of area, it is the eighth largest country in Europe and the most sparsely

populated country in the European Union. Politically, it is a parliamentary republic with a central

government based in the capital ofHelsinki, local governments in 336 municipalities and

an autonomous region, the land Islands. About one million residents live in the Greater
http://www.google.co.in/search?hl=en&tbo=d&biw=1366&bih=667&q=finland+capital&sa=X&ei=pn7yUJL2BMKgkAX80YGIAg&sqi=2&ved=0CJsBEOgThttp://www.google.co.in/search?hl=en&tbo=d&biw=1366&bih=667&q=helsinki+finland&stick=H4sIAAAAAAAAAGOovnz8BQMDAw8HsxKHfq6-gXF2Rh7zp3aDzpe2fnVHlzyuL5kv0sDsFwgAKSfdVCkAAAA&sa=X&ei=pn7yUJL2BMKgkAX80YGIAg&sqi=2&ved=0CJwBEJsTKAAhttp://www.google.co.in/search?hl=en&tbo=d&biw=1366&bih=667&q=finland+currency&sa=X&ei=pn7yUJL2BMKgkAX80YGIAg&sqi=2&ved=0CJ4BEOgThttp://www.google.co.in/search?hl=en&tbo=d&biw=1366&bih=667&q=finland+national+anthem&sa=X&ei=pn7yUJL2BMKgkAX80YGIAg&sqi=2&ved=0CKABEOgThttp://www.google.co.in/search?hl=en&tbo=d&biw=1366&bih=667&q=finland+national+anthem&stick=H4sIAAAAAAAAAGOovnz8BQMDAw8HsxKHfq6-QUZhbnn3CzWm39bMBk8Dwg_4LTC8b7zR-zQA7hMuUikAAAA&sa=X&ei=pn7yUJL2BMKgkAX80YGIAg&sqi=2&ved=0CKEBEJsTKAAhttp://www.google.co.in/search?hl=en&tbo=d&biw=1366&bih=667&q=finland+population&sa=X&ei=pn7yUJL2BMKgkAX80YGIAg&sqi=2&ved=0CKMBEOgThttp://www.google.co.in/search?hl=en&tbo=d&biw=1366&bih=667&q=finland+official+language&sa=X&ei=pn7yUJL2BMKgkAX80YGIAg&sqi=2&ved=0CKYBEOgThttp://www.google.co.in/search?hl=en&tbo=d&biw=1366&bih=667&q=finland+government&sa=X&ei=pn7yUJL2BMKgkAX80YGIAg&sqi=2&ved=0CKgBEOgThttp://en.wikipedia.org/wiki/Fennoscandiahttp://en.wikipedia.org/wiki/Northern_Europehttp://en.wikipedia.org/wiki/Europehttp://en.wikipedia.org/wiki/Swedenhttp://en.wikipedia.org/wiki/Norwayhttp://en.wikipedia.org/wiki/Russiahttp://en.wikipedia.org/wiki/Estoniahttp://en.wikipedia.org/wiki/Eponymhttp://en.wikipedia.org/wiki/Area_and_population_of_European_countrieshttp://en.wikipedia.org/wiki/List_of_sovereign_states_and_dependent_territories_by_population_densityhttp://en.wikipedia.org/wiki/List_of_sovereign_states_and_dependent_territories_by_population_densityhttp://en.wikipedia.org/wiki/European_Unionhttp://en.wikipedia.org/wiki/Parliamentary_systemhttp://en.wikipedia.org/wiki/Republichttp://en.wikipedia.org/wiki/Helsinkihttp://en.wikipedia.org/wiki/Municipalities_of_Finlandhttp://en.wikipedia.org/wiki/Autonomous_areahttp://en.wikipedia.org/wiki/%C3%85land_Islandshttp://en.wikipedia.org/wiki/Greater_Helsinkihttp://en.wikipedia.org/wiki/Greater_Helsinkihttp://en.wikipedia.org/wiki/%C3%85land_Islandshttp://en.wikipedia.org/wiki/Autonomous_areahttp://en.wikipedia.org/wiki/Municipalities_of_Finlandhttp://en.wikipedia.org/wiki/Helsinkihttp://en.wikipedia.org/wiki/Republichttp://en.wikipedia.org/wiki/Parliamentary_systemhttp://en.wikipedia.org/wiki/European_Unionhttp://en.wikipedia.org/wiki/List_of_sovereign_states_and_dependent_territories_by_population_densityhttp://en.wikipedia.org/wiki/List_of_sovereign_states_and_dependent_territories_by_population_densityhttp://en.wikipedia.org/wiki/Area_and_population_of_European_countrieshttp://en.wikipedia.org/wiki/Eponymhttp://en.wikipedia.org/wiki/Estoniahttp://en.wikipedia.org/wiki/Russiahttp://en.wikipedia.org/wiki/Norwayhttp://en.wikipedia.org/wiki/Swedenhttp://en.wikipedia.org/wiki/Europehttp://en.wikipedia.org/wiki/Northern_Europehttp://en.wikipedia.org/wiki/Fennoscandiahttp://www.google.co.in/search?hl=en&tbo=d&biw=1366&bih=667&q=finland+government&sa=X&ei=pn7yUJL2BMKgkAX80YGIAg&sqi=2&ved=0CKgBEOgThttp://www.google.co.in/search?hl=en&tbo=d&biw=1366&bih=667&q=finland+official+language&sa=X&ei=pn7yUJL2BMKgkAX80YGIAg&sqi=2&ved=0CKYBEOgThttp://www.google.co.in/search?hl=en&tbo=d&biw=1366&bih=667&q=finland+population&sa=X&ei=pn7yUJL2BMKgkAX80YGIAg&sqi=2&ved=0CKMBEOgThttp://www.google.co.in/search?hl=en&tbo=d&biw=1366&bih=667&q=finland+national+anthem&stick=H4sIAAAAAAAAAGOovnz8BQMDAw8HsxKHfq6-QUZhbnn3CzWm39bMBk8Dwg_4LTC8b7zR-zQA7hMuUikAAAA&sa=X&ei=pn7yUJL2BMKgkAX80YGIAg&sqi=2&ved=0CKEBEJsTKAAhttp://www.google.co.in/search?hl=en&tbo=d&biw=1366&bih=667&q=finland+national+anthem&sa=X&ei=pn7yUJL2BMKgkAX80YGIAg&sqi=2&ved=0CKABEOgThttp://www.google.co.in/search?hl=en&tbo=d&biw=1366&bih=667&q=finland+currency&sa=X&ei=pn7yUJL2BMKgkAX80YGIAg&sqi=2&ved=0CJ4BEOgThttp://www.google.co.in/search?hl=en&tbo=d&biw=1366&bih=667&q=helsinki+finland&stick=H4sIAAAAAAAAAGOovnz8BQMDAw8HsxKHfq6-gXF2Rh7zp3aDzpe2fnVHlzyuL5kv0sDsFwgAKSfdVCkAAAA&sa=X&ei=pn7yUJL2BMKgkAX80YGIAg&sqi=2&ved=0CJwBEJsTKAAhttp://www.google.co.in/search?hl=en&tbo=d&biw=1366&bih=667&q=finland+capital&sa=X&ei=pn7yUJL2BMKgkAX80YGIAg&sqi=2&ved=0CJsBEOgT


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Helsinki area (consisting ofHelsinki, Espoo, Kauniainen and Vantaa) and a third of the

country's GDP is produced there. Other larger cities

include Tampere, Turku, Oulu, Jyvskyl, Lahti and Kuopio.

From the 12th until the start of the 19th century, Finland was a part ofSweden. It then became anautonomous Grand Duchy within the Russian Empire until the Russian Revolution and Russia's

withdrawal from World War I in 1917. This prompted the Finnish Declaration of Independence,

which was followed by a civil warwhere the pro-Bolshevik"Reds" were defeated by the pro-

conservative "Whites" with support from the German Empire. After a brief attempt to establish a

monarchy in the country, Finland became the republic that it remains today.

Finland's experience ofWorld War II involved three separate conflicts: the Winter War(1939

1940) and Continuation War(19411944) against theSoviet Union; and the Lapland War(1944

1945) against Nazi Germany. Following the end of the war, Finland joined the United Nations in

1955, the Organisation for Economic Co-operation and Development (OECD) in 1969,

the European Union in 1995 and the eurozone at its inception in 1999. During this time, it built

an extensive welfare state.
http://en.wikipedia.org/wiki/Greater_Helsinkihttp://en.wikipedia.org/wiki/Helsinkihttp://en.wikipedia.org/wiki/Espoohttp://en.wikipedia.org/wiki/Kauniainenhttp://en.wikipedia.org/wiki/Vantaahttp://en.wikipedia.org/wiki/Gross_domestic_producthttp://en.wikipedia.org/wiki/Tamperehttp://en.wikipedia.org/wiki/Turkuhttp://en.wikipedia.org/wiki/Ouluhttp://en.wikipedia.org/wiki/Jyv%C3%A4skyl%C3%A4http://en.wikipedia.org/wiki/Lahtihttp://en.wikipedia.org/wiki/Kuopiohttp://en.wikipedia.org/wiki/Swedenhttp://en.wikipedia.org/wiki/Grand_Duchy_of_Finlandhttp://en.wikipedia.org/wiki/Grand_Duchy_of_Finlandhttp://en.wikipedia.org/wiki/Russian_Empirehttp://en.wikipedia.org/wiki/Russian_Revolutionhttp://en.wikipedia.org/wiki/World_War_Ihttp://en.wikipedia.org/wiki/Finnish_Declaration_of_Independencehttp://en.wikipedia.org/wiki/Finnish_Civil_Warhttp://en.wikipedia.org/wiki/Bolshevikhttp://en.wikipedia.org/wiki/Finnish_Socialist_Workers%27_Republichttp://en.wikipedia.org/wiki/Conservatismhttp://en.wikipedia.org/wiki/Whites_(Finland)http://en.wikipedia.org/wiki/German_Empirehttp://en.wikipedia.org/wiki/Kingdom_of_Finland_(1918)http://en.wikipedia.org/wiki/Kingdom_of_Finland_(1918)http://en.wikipedia.org/wiki/Republichttp://en.wikipedia.org/wiki/World_War_IIhttp://en.wikipedia.org/wiki/Winter_Warhttp://en.wikipedia.org/wiki/Continuation_Warhttp://en.wikipedia.org/wiki/Soviet_Unionhttp://en.wikipedia.org/wiki/Lapland_Warhttp://en.wikipedia.org/wiki/Nazi_Germanyhttp://en.wikipedia.org/wiki/United_Nationshttp://en.wikipedia.org/wiki/Organisation_for_Economic_Co-operation_and_Developmenthttp://en.wikipedia.org/wiki/European_Unionhttp://en.wikipedia.org/wiki/Eurozonehttp://en.wikipedia.org/wiki/Welfare_statehttp://en.wikipedia.org/wiki/Welfare_statehttp://en.wikipedia.org/wiki/Eurozonehttp://en.wikipedia.org/wiki/European_Unionhttp://en.wikipedia.org/wiki/Organisation_for_Economic_Co-operation_and_Developmenthttp://en.wikipedia.org/wiki/United_Nationshttp://en.wikipedia.org/wiki/Nazi_Germanyhttp://en.wikipedia.org/wiki/Lapland_Warhttp://en.wikipedia.org/wiki/Soviet_Unionhttp://en.wikipedia.org/wiki/Continuation_Warhttp://en.wikipedia.org/wiki/Winter_Warhttp://en.wikipedia.org/wiki/World_War_IIhttp://en.wikipedia.org/wiki/Republichttp://en.wikipedia.org/wiki/Kingdom_of_Finland_(1918)http://en.wikipedia.org/wiki/Kingdom_of_Finland_(1918)http://en.wikipedia.org/wiki/German_Empirehttp://en.wikipedia.org/wiki/Whites_(Finland)http://en.wikipedia.org/wiki/Conservatismhttp://en.wikipedia.org/wiki/Finnish_Socialist_Workers%27_Republichttp://en.wikipedia.org/wiki/Bolshevikhttp://en.wikipedia.org/wiki/Finnish_Civil_Warhttp://en.wikipedia.org/wiki/Finnish_Declaration_of_Independencehttp://en.wikipedia.org/wiki/World_War_Ihttp://en.wikipedia.org/wiki/Russian_Revolutionhttp://en.wikipedia.org/wiki/Russian_Empirehttp://en.wikipedia.org/wiki/Grand_Duchy_of_Finlandhttp://en.wikipedia.org/wiki/Grand_Duchy_of_Finlandhttp://en.wikipedia.org/wiki/Swedenhttp://en.wikipedia.org/wiki/Kuopiohttp://en.wikipedia.org/wiki/Lahtihttp://en.wikipedia.org/wiki/Jyv%C3%A4skyl%C3%A4http://en.wikipedia.org/wiki/Ouluhttp://en.wikipedia.org/wiki/Turkuhttp://en.wikipedia.org/wiki/Tamperehttp://en.wikipedia.org/wiki/Gross_domestic_producthttp://en.wikipedia.org/wiki/Vantaahttp://en.wikipedia.org/wiki/Kauniainenhttp://en.wikipedia.org/wiki/Espoohttp://en.wikipedia.org/wiki/Helsinkihttp://en.wikipedia.org/wiki/Greater_Helsinki


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Finland in Figures:-

Land Area 338,145sq.km

Population: 5.3m

Population density: 15.9 sq. kmLife expectancy: Men 77 yrs

Women 84 yrs

Adult literacy: 99%

Average per household 2.1

Divorces per1,000 : 2.5

The Economy

Currency: Euro

GDP: $238bn

GDP per heads: $44,580

Employment (% of total): Agriculture 3%

Industry 28%

Services 69%

Unemployed 8%

Main Exports: Type: Machinery & transport equipment

Chemicals

Mineral fuels

Raw materials

Destinations: (% total) Germany 10%

Sweden 10%

Russia 9%

USA 8%

EU27 56%

Main Imports: Type: Machinery & transport equipmentChemicals

Mineral fuels

Raw materials

Food & drink


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2.Finland working culture:-

The Finnish working culture is based on equality. In working life, diligence, individuality and

initiative are highly valued, together with strict observance of agreements and agreed schedules.The majority of employment contracts are permanent, although short-term contracts are

becoming increasingly common. The share of part-time work however remains less in Finland

than in other parts of Europe. Provisions of family leave and child day care support enables

women to actively participate in working life and to enter into full-time employment. Regular

working hours are eight hours per day and forty hours per week, with two days' leave per

calendar month worked.

Finland is a bilingual country (Finnish and Swedish). Knowledge of at least the basics of the

Finnish language is required in practice at all workplaces, although English is often the corporate

language of the largest organisations. The language level requirements are determined by the

employer.Current job vacancies advertised through the Finnish Employment Offices can be

accessed via the links shown on the right.

Further information on working in Finland is available from the EURES Adviser at your local

Employment Office. The Tylinja national information service also provides useful job seeking

guidance (links on the right).


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3. National Labour Law Profile: Republic of Finland

3.1 Constitution

TheFinnish Constitution (731/1999) was adopted on 17 July 1999 and entered into force on 1March 2000. The new Act replaced the 1919 Constitution Act, the 1928 Parliamentary Act, and

two other statutes, which were formerly regarded as constitutional enactments. The rules on

basic rights and the main parliamentary, governmental and judicial functions are now codified

under a single statute.

According to the Constitution, Finland is not organized as a Federal State. However, the

Province of Aland (comprising a group of islands between Finland and Sweden) enjoys

extensive self-government.

The new Constitution has strengthened the position of the Parliament in relation to the

Government and to the President of the Republic. As a result, the Prime Minister is elected by

the Parliament. The candidate is nominated by the President upon negotiations held among the

parliamentary groups, but if the nominee cannot win a majority vote, the Parliament may finally

elect another person who receives the most votes. Within the four-year term of the Parliament,

the mandate of the Prime Minister lasts as long as he or she, or the whole Government, enjoys

the confidence of the Parliament. The President is elected by the people for a term of six years.

He or she may be re-elected for one consecutive term.

The Parliament is a unicameral body consisting of two hundred Representatives. The legislative

power is vested on the Parliament and the President of the Republic. Although legislative

motions can be submitted by the Representatives, too, in practice nearly all important proposals

are initiated in the Parliament as Government Bills. Upon adoption of an Act in the Parliament,

the President confirms the Act, but exceptionally may use a suspensive veto right (for the detailsof the legislative procedure, see the Ministry of Justice website, and Chapter 3 of the

Constitution).
http://www.om.fi/21910.htm%27%29;http://www.om.fi/21910.htm%27%29;http://www.ilo.org/pubcgi/links_ext.pl?http://www.om.fi/711.htm%27%29;http://www.ilo.org/pubcgi/links_ext.pl?http://www.om.fi/711.htm%27%29;http://www.ilo.org/pubcgi/links_ext.pl?http://www.om.fi/711.htm%27%29;http://www.om.fi/21910.htm%27%29;


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As regards the impact of international law in national law, Finland follows the dualistic model.

Thus, obligations based on international treaties are transformed into domestic law by means of a

Parliamentary Act, or, as the case may be, a Decree issued by the President (Sec. 94 and 95 of

the Constitution). In legal and administrative proceedings it is not unusual that the interpretation

of statutory provisions is influenced by international treaties and especially EU law.

As Finland has joined the European Union it is bound by European Community Law, namely the

so-called primary legislation made up of the Treaties establishing the European Communities,

and by secondary legislation based on the Treaties, which implies a variety of procedures

defined in different articles thereof. Secondary legislation includes regulations and Directives.

Not less important is European Case Law, made up of judgements by the European Court of

Justice and the European Court of First Instance, which are binding on national courts.

The Finnish administration of justice follows roughly the division between private law and

public law. Jurisdiction in civil, commercial and criminal matters is exercised by the regular

courts, a system consisting of the District Courts, the Courts of Appeal, and the Supreme Court.

Administrative cases, including tax appeals, are tried by the regional Administrative Courts and,

in the final instance, by the Supreme Administrative Court. In addition to the regular court

system, a number of specialized courts have been established, the Labour Court being perhaps

the most important of them.

The Official languages of the country are Finnish (spoken by about 93.4 per cent of the

population), and Swedish (spoken by about 5.9 per cent of the population). In this respect it

should be recalled that until the early 19th Century, Finland was ruled by Sweden, which explains

that Civil Law in Finland is to a large extent influenced by Swedish Law. Also, there are some

minorities speaking Russian and arctic languages.


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3.2. Labour regulation

The structure and role of the Finnish labour regulation reflects many of the central features of the

so called Nordic model of industrial relations. Thus, the Finnish labour market is characterized

by a high level of organization on both the employee and the employer side, and an important

role played by collective bargaining in labour regulation. The basis of the regulation lies,

however, in comprehensive and detailed labour legislation which is complemented by collective

agreements. It is common for statutory rules to allow derogation by means of collective

agreements, usually concluded between national federations of employers and employees. The

impact of collective negotiations has evolved mainly after the II World War.

The basic regulation ofindividual labour relations has in Finland traditionally been codified in a

statute called the Employment Contracts Act. The first Act bearing this name was passed 1922

and was replaced by the 1970 Act, which in turn has recently been repealed by the 2000 Statute

(Act 55/2000, in force as from 1 July 2001). The Employment Contracts Act provides for the

definition of the employment contract, the ways of concluding and ending the contract, as well as

the rules on job protection and a number of basic rights and duties of the parties regarding e.g.

equal treatment, transfer of undertakings, family leaves, payment of wages, and the

determination of minimum terms of employment through generally applicable collective

agreements or collective agreements which are to be observed by employers hiring out theirworkers. Aspects of the individual labour relationship are regulated in separate statutes such as

the Labour Safety Act (1958), the Annual Holidays Act (1973). The Hours of Work Act (1996),

The Study Leave Act (1979), and the Act on Equality between Men and Women (1986).

The collective regulation of terms and conditions of employment takes place within the

framework of the Collective Agreements Act (1946) which defines the competence of parties to

collective agreements and the legal effects of such agreements. During a period not covered by

an agreement the state may intervene in labour disputes of interest by virtue of the Mediation in

Labour Disputes Act (1962). Worker participation at the enterprise level is based on the Co-

operation Within Undertakings Act (1978), the Act on the Representation of the Personnel in the

Administration of Enterprises (1990), and the Act on Personnel Funds (1989).


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The sources of labour law can be presented in a rough hierarchical order as follows:

1) Mandatory rules of law;

2) Norms in a collective agreement which has been declared as generally applicable;

3) Norms in a collective agreement which is binding by virtue of the Collective Agreements

Act;

4) Semi-mandatory statutory provisions from which deviations can be made through a collective

agreement;

5) Shop rules adopted in a co-operation procedure between the employer and the representatives

of the employees;

6) Clauses in individual employment contracts;

7) Optional rules of law and provisions of collective agreements, i.e. norms which allow

derogation based on individual contracts;

8) Customary law and established practice; and

9) Employer's orders.

A source mentioned in the list may, despite its hierarchical status, usually be set aside by an

agreement made in favour of the employee. Directly effective EC law may also set aside

conflicting national provisions.

4. Labour legislation:-


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The Ministry of Employment and the Economy is responsible for

drafting and evolving labour legislation. The relevant laws include

the Employment Contracts Act, Working Hours Act, Annual

Holidays Act, Non-discrimination Act, Act on the Protection of

Privacy in Working Life, Collective Agreements Act, Act on Job

Alternation Leave, Study Leave Act and Pay Security Act. The

Ministry also drafts legislative documents on matters relating to personnel involvement systems,

i.e. codetermination in companies, representation on the Board and staff funds.

Employment legislation is drafted on a tripartite basis, in collaboration with the organizations

representing the interests of employers and employees. The working conditions of employees are

determined on the basis, not only of legislation, but also the collective bargaining agreementsthat exist for the various sectors. It is the Occupational Safety and Health (OSH) authorities,

which work under the authority of the Ministry of Social Affairs and Health, which largely have

responsibility for monitoring employment legislation. The cooperation ombudsman has

responsibility for monitoring matters relating to personnel involvement systems.

The Ministry of Employment and the Economy is involved in the drafting of agreements

connected with EU employment legislation and the ILO. The Ministry supports the drafting and

monitoring of employment legislation and evaluates these on the basis of studies and research.


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Contracts of employment and employment relationships

The principle of protection of the employee lies at the heart of employment legislation. As aresult, there are legal provisions contained in employment legislation which are absolute and to

which no exceptions can be made under agreements to the detriment of the employee.

The main laws which apply to an individuals employment relationship are the EmploymentContracts Act, Working Hours Act, Annual Holidays Act, Study Leave Act and Act on theProtection of Privacy in Working Life. The Employment Contracts Act is the basic Finnish lawgoverning employment. It applies to work in both the private and public sector, whatever kind ofwork it is.

For the provisions of the Employment Contracts Act and other employment legislation to apply,an employee needs to be working for an employer under his direction and supervision, i.e. in anemployment relationship, and not, for example, as an entrepreneur. Young employees are alsocovered under the provisions of the Young Workers Act. The employment relationships ofseamen are provided under legislation on employment at sea. There is also special legislationconcerning the employment relationships of workers posted to Finland and household workers aswell as the employment security of person entering military service.

3.3. Contract of Employment

Permanent and fixed-term contracts of employment

Special contracts of employment

Temporary agency work

Suspension of the contract of employment

Termination of the contract of employment

Termination at the initiative of the employer

Severance pay

Notice


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Remedies in case of unjustified dismissal

Termination at the initiative of the employee

Hours of work

Paid leave

Maternity leave and maternity protection

Other leave entitlements

Sick leave

Other special leave

Minimum age and protection of young workers

Equality

Pay issues

Trade union regulation

Collective Bargaining and Agreements

Regulation and basic concepts


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Documents

Assignment Jahnvi