Finland

In Finland, employment law provides a balance between flexibility for employers and protection for employees when it comes to terminating employment. Understanding the key regulations is crucial for both parties involved.

Lawful Grounds for Dismissal

Finnish law differentiates between termination by the employee and termination by the employer.

Employee-Initiated Termination

Employees have the right to resign from employment by providing appropriate notice. No specific justification is needed.

Employer-Initiated Termination

Employers may terminate an employment contract only with "valid and weighty" reasons. These reasons can fall into these categories:

• Personal Reasons: Relating to an employee's conduct or capability. Examples include repeated neglect of duties, incompetence, or serious breach of contract.
• Financial and Production-Related Reasons: These can include a significant reduction in work due to economic downturn, restructuring of the company, or reorganization.

Notice Requirements

Notice periods in Finland are typically determined by the duration of the employment relationship or as specified in the employment contract or collective agreement. The Finnish Employment Contracts Act outlines the minimum notice periods:

Employee Notice Periods:

• During the probationary period: 14 days
• After probationary period: 14 days to 6 months, depending on the length of employment

Employer Notice Periods:

• During the probationary period: 14 days
• After probationary period: 14 days to 6 months, depending on the length of employment

Severance Pay

In Finland, severance pay is generally applicable only in cases where the employer terminates the employment contract due to financial or production-related reasons. The amount of severance pay is based on the employee's length of service and their age.

Finland is known for its robust laws that uphold equality and prohibit discrimination. The cornerstone of these laws is the Non-Discrimination Act (1325/2014), which is built upon the principle of equality outlined in the Constitution of Finland.

Protected Characteristics

The Non-Discrimination Act explicitly prohibits discrimination based on a variety of characteristics. These include age, origin (national or ethnic), nationality, language, religion, belief, opinion, political activity, trade union activity, family relationships, state of health, disability, sexual orientation, gender identity and gender expression, and other comparable grounds.

Redress Mechanisms

If an individual experiences discrimination, they have several avenues for redress. These include negotiation and conciliation services offered by the Ombudsman for Equality, the Non-Discrimination Tribunal which can issue injunctions, award compensation, and impose fines in discrimination cases, and the possibility of severe cases of discrimination being considered as criminal offenses. Many employers also have internal grievance procedures for handling discrimination complaints.

Employer Responsibilities

Employers in Finland have a proactive duty to promote equality and prevent discrimination in the workplace. This includes the development of Equal Treatment Plans by employers with at least 30 staff members, which outline measures to promote inclusion and address discrimination. Employers must also take steps to prevent and address harassment based on protected characteristics, provide reasonable accommodations for employees with disabilities, and educate staff about discrimination laws to foster an inclusive work environment.

In Finland, labor laws prioritize employee well-being and establish clear guidelines for working conditions. These conditions cover work hours, rest periods, and ergonomic requirements.

Work Hours

Finnish law dictates a maximum of 8 hours per day and 40 hours per week for regular working hours. However, collective agreements within specific sectors may adjust these limits slightly.

Work schedules can also be planned over two or three-week periods as long as the average weekly hours remain at 40. This provides some flexibility for employers and employees.

However, exceeding weekly working hours requires advanced scheduling and adherence to specific limits. For instance, working hours cannot surpass 80 hours in a two-week period or 120 hours in a three-week period.

Rest Periods

Finnish law mandates designated rest periods to prevent fatigue and ensure employee well-being:

If an employee works at least 6 hours per day, they are entitled to a minimum rest break of at least 30 minutes, usually taken as a lunch break.

A minimum 11-hour rest period between workdays is essential for recovery.

Employees must also receive a minimum 35-hour weekly rest period, typically achieved with two consecutive days off.

Ergonomic Requirements

Finnish legislation emphasizes workplace safety and ergonomics to minimize musculoskeletal disorders:

Employers have a responsibility to provide employees with workstations designed for proper posture and to prevent physical strain. This may involve adjustable furniture, ergonomic keyboards, and proper lighting.

Employers are also required to conduct risk assessments to identify potential ergonomic hazards and implement measures to mitigate them.

Furthermore, employees should receive training on proper work techniques and maintaining good posture to minimize ergonomic risks.

In Finland, worker well-being is a top priority, ensured through comprehensive health and safety regulations. These regulations establish clear expectations for both employers and employees, fostering a safe and healthy work environment.

Employer Obligations

Employers in Finland hold the primary responsibility for ensuring employee health and safety at work. The Occupational Safety and Health Act (TAS 738/2002) outlines their key obligations:

• Risk Assessment and Management: Employers must proactively identify potential hazards in the workplace and implement measures to control these risks. This might involve using safe machinery, providing personal protective equipment (PPE), and establishing safe work procedures.

• Training and Instruction: Employees must be adequately trained on their specific tasks, including safety procedures, the proper use of PPE, and how to identify and report hazards.

• Safe Work Environment: Employers are responsible for providing a safe work environment with suitable workstations, proper ventilation, and adequate lighting to prevent work-related injuries and illnesses.

• Occupational Health Care: Under the Occupational Health Care Act (407/2006), employers must arrange for occupational healthcare services for employees whose work exposes them to specific health risks.

Employee Rights

Finnish employees also play a crucial role in maintaining a safe and healthy workplace:

• Right to a Safe Work Environment: Employees have the right to work in a safe environment free from unnecessary risks.

• Reporting Hazards: Employees have the right and obligation to report any identified workplace hazards to their employer or occupational health authorities.

• Refusal of Unsafe Work: Employees have the right to refuse work they believe poses a serious threat to their health or safety. This must be a justified concern backed by reasonable evidence.

• Participation in Safety Matters: Employees, through their designated safety representatives, have the right to participate in discussions and decision-making processes concerning workplace safety.

Enforcement Agencies

The Finnish Work Environment Administration (työsuojeluhallinto) oversees the enforcement of health and safety regulations. They conduct workplace inspections, investigate accidents, and provide guidance to employers and employees.

Additionally, the Finnish Institute of Occupational Health (FIOH) plays a vital role. FIOH is a specialist organization conducting research, offering occupational health services, and promoting workplace safety and well-being.