Learn about the legal processes for employee termination and severance in Finland
In Finland, the termination of employment contracts follows specific notice periods as per the Employment Contracts Act (ECA) of 2001. These periods are dependent on the length of employment.
For both employers and employees, the notice periods are as follows:
These are the minimum legal requirements. Employment contracts or collective agreements may stipulate longer notice periods. The employer's notice period cannot be shorter than the employee's notice period in the agreement.
There are certain exceptions to these notice periods:
During a lay-off period, employees have the right to terminate their employment contract with no notice period. This right applies throughout the lay-off period, except for the last seven days before the scheduled end date.
In Finland, there is generally no legally mandated severance pay scheme in the traditional sense. There's no legal obligation for employers to provide a specific severance payment upon termination unless the reason for termination is economic, production-related, or financial.
When employment is terminated due to economic, production-related, or financial reasons, employers must provide severance pay, with the amount determined by the employee's length of service. Here's the breakdown:
Collective bargaining agreements or individual employment contracts may include more generous severance provisions than this minimum requirement. Severance packages can sometimes be negotiated between employers and employees, even in situations where severance pay is not legally required.
If your employment is covered by a collective agreement, it's essential to consult the agreement for any severance pay provisions. Your contract should be carefully reviewed to see if it addresses severance pay.
In Finnish labor law, there are several ways an employment relationship can end. These include resignation by the employee, termination by the employer, mutual agreement, and expiry of a fixed-term contract.
Resignation by Employee: Employees can terminate their employment at will. No specific reason is needed to justify the resignation.
Termination by Employer: The employer can only terminate an employment contract if "proper and weighty" grounds exist. These grounds generally fall into two categories:
Mutual Agreement: Both employer and employee can mutually agree to end the employment relationship.
Expiry of Fixed-term Contract: A fixed-term employment contract ends automatically on the agreed-upon date, without formal termination needed.
1. Notice of Termination
Notice must be given in writing or delivered in person. Electronic notice (e.g., email) may be valid if mutually agreed upon.
2. Consultation
Before terminating an employment contract for reasons unrelated to the employee's misconduct, the employer must engage in a consultation process with the employee. During consultation, the employer must explain the reasons for the proposed termination and give the employee an opportunity to respond.
3. Written Statement of Grounds (If Applicable)
If requested by the employee, the employer must provide a written statement outlining the grounds for termination and the date it takes effect.
Finnish law provides additional protections to certain categories of employees, such as pregnant employees, employees on parental leave, and shop stewards (union representatives). Terminating employees in these categories may require more extensive justifications and procedures.
If an employer terminates an employment relationship without valid grounds or without following proper procedures, the employee may be entitled to compensation.
We're here to help you on your global hiring journey.