Young ResearchersFinnish Labor Law

And different aspects of working as a young researcher at the

universityMia Weckman, lawyer

October 13, 2015

PRINCIPLE LEGISLATION

-Employment Contracts Act-Occupational Safety and Health Act -Health Insurance Act -Working Hours Act (not when working under 1600 hours rule)-Annual Holiday Act (not when working under 1600 hours rule)-Unemployment Act--Act on Co-operation within Undertakings

FIXED-TERM CONTRACTS

The Finnish Employment Contracts Act:Fixed-term contracts are always the exception

-> an adequate legal reason is always required-> otherwise considered a permanent contract

If the total number of contracts or the duration of fixed-term contracts shows the employer has a need for permanent positions, fixed-term contracts are not allowed

Discrimination is not allowed – employees must be treated the same regardless of the type of the work contract-Employment-Terms used during the contract-Ending/continuing the contract

-Employees working in part-time or fixed-term contracts have equal rights to learn about opening positions

Maternity and paternity leaves -Same rights for all employees-Continuing the fixed term contract on the basis of maternity/paternity leave?

Temporary lay-offs?- Only those employees who work on permanent contracts (not fixed-term, except those who substitute for an employee who could have been temporarily laid off)

Ending a work contract- A fixed-term contract ends when the ahead agreed term ends- The right to resign/to let the employee go?

Silent continuation of the work contract- If the employer allows the employee to continue working after the fixed-term contract has ended (or after the notice-time has ended in the case of resignation), the contract is legally considered to continue as a permanent work contract

Damages according to the Employment Contracts Act-If the employee is let go without a legal premis the employee might be entitled to get a compensation for the damage-The compensation is 3-24 months pay (shopstewards up to 30 months)-The time to demand the compensation is 2 years after the end of the work contract

UNEMPLOYMENT

According to the Unemployment Act there are three levels of unemployment benefits

1. The lowest form of compensation,”työmarkkinatuki”-No previous work history required

2. Second level, the basic unemployment compensation ”työttömyyspäiväraha”- Person has worked 26 calendar weeks during the previous 28

months

3. Third level and the highest compensation ”ansiosidonnainen työttömyyspäiväraha”, earnings-based unemployment compensation

- 26 calendar weeks of work during the previous 28 monthsAND a member of the unemployment fund for at least 26 weeks, a member of the unemployment fund for at least 26 weeks, while working under an employment contractwhile working under an employment contract

UNEMPLOYMENT

-Being eligible for unemployment benefits in Finland depends on the nationality of the applier-There are different laws and contracts with different countries

- Be sure to check what you are entitled to- www.tyj.fi

HEALTH CARE

-When you are working under an employment contract, the employer is legally obligated to provide the employees occupational health care

- The employer must provide preventive health care- Usually basic health care is provided (acute illness)- The extensity of the health care depends on the employer

The employer must provide the occupational health care even though an employee is working part-time or on a fixed-term contract, no discrimination

-When you work on a grant/are unemployed, you do not have an employer and therefore no-one is responsible to provide you with the occupational healthcare benefits-In these cases the cities provide basic healthcare for all of the public

Act on Co-operation within Undertakings-This Act promotes the undertaking’s and its personnel’s interactive co-operation procedures, which are based on timely provided sufficient information to the personnel on the state of the undertaking and its plans. The objective is to collectively develop operations of an undertaking and the employees’ opportunities to exercise influence in the decisions made within the undertaking relating to their work, their working conditions and their position in the undertaking. The purpose is also to strengthen co-operation between the employer, the personnel and the employment authorities to improve the position of the employees and to support their employment in relation to changes in the operations of the undertaking.

- University of Helsinki began co-operation proceedings in October