LABOUR LAW

Hanna worked as a volunteer at an association for invalids and youths Hanna worked as a volunteer at an association for invalids and youths. She did basic chores and was instructed by superiors. She received free accommodations, food, clothing and health care in return for her efforts. Later, Hanna began to wonder if she was entitled to a summer vacation. The head of the association told Hanna that she could take a vacation but would not be compensated for the vacation period as there was no employment relationship between her and the association. Is she correct?

EMPLOYMENT RELATIONSHIP Working for someone else, for remuneration, under the supervision of the employer Performing the work is essential, not the outcome

Source: Kivelä-Nordell: Yrittäjän oikeutta

ESSENTIAL IN THE FINNISH LABOUR LAW Hierarchical sources of law Interpreted to the benefit of the employee Rights and obligations of the employer and the employee Job security Emplyer’s restricted right to terminate Working hours Normal hours, additional work, overtime work Annual holidays

HIERARCHICAL ORDER OF SOURCES OF LABOUR LAW Mandatory rules of law Collective agreement terms Provisions of shop rules Clauses in individual employment contracts Non-mandatory rules of law

LAW 1. The Finnish Constitution 2. Legislation the labour of citizens has been placed under special protection of the State since 1919 Fundamental rights: Right to work Job security Right to organize in trade unions Right to arrange and participate in demonstrations 2. Legislation Extensive, detailed

COLLECTIVE AGREEMENTS (1) Concern conditions to be observed in employment relationships Concluded by one or more employer’s/employers’ associations and one or more employees’ associations (trade unions)

E.g. Akava's affiliates 1.1.2017 Academic Engineers and Architects in Finland:  70 700 Akava Special Branches: 26 581 Akava's General Group: 739 Association of Finnish Lawyers: 16 245 Finnish Association of Academic Agronomists: 5 964 Finnish Association of Architects: 2 411 Finnish Association of Occupational Health Nurses: 1 559 Finnish Association of Rehabilitation Professionals: 8 927 Finnish Business School Graduates:  52 726 Finnish Dental Association: 7 273 Finnish Medical Association: 25 860 Finnish Pharmacists' Association: 7 909 Finnish Police Federation SPJL: 10 970 Finnish Psychological Association: 7 272 Finnish Union of Public Health Nurses: 7 463 Finnish Union of University Researchers and Teachers: 7 082 Finnish Veterinary Association: 2 699 Health Science Academic Leaders and Experts: 1 519 Institute Officers Union of the Finnish Defence Forces and the Border Guard: 3 823 Kirkon Nuorisotyöntekijöiden Liitto KNT:  1 155 Managers and Professionals YTY: 10 360 Officers Union: 6 140 Sales and Marketing Professionals:  26 501 Trade Union of Education in Finland: 120 150 Union of Church Professionals within Akava AKI:  5 740 Union of Diaconal Workers in Finland: 1 753 Union of Finnish Speech Therapists: 1 597 Union of Finnish University Professors: 2 455 Union of Professional Business Graduates in Finland TRAL: 32 429 Union of Professional Engineers in Finland: 68 615 Union of Professional Social Workers: 24 130 Union of Professionals in Natural, Environmental and Forestry Sciences Loimu: 14 709 Union of Swedish-speaking Engineers in Finland: 3 150 Union of Technical Professionals, KTK:  8 293

COLLECTIVE AGREEMENTS (2) Ordinary Scope Binds Parties to the agreement Members of the parties (directly or through intermediate associations) Parent associations The binding effect: The terms must be observed by employees and employers Employers must observe most of the terms also with emplyees not themselves bound, concerning their rights but not their duties

COLLECTIVE AGREEMENTS (3) General applicability The collective agreement is defined generally applicable when National General in the field => The terms shall be applied as minimum conditions by all employers in the field.

APPLICABILITY OF COLLECTIVE AGREEMENT, example: EK Confederation of Finnish industries Finnish Commerce Federation AKAVA Trade union confederation of affiliates for hightly educated people TRAL The Union of Professional Business Graduates in Finland Coll.agr. Finnish Association of Electronics Wholesalers TRAL Uusimaa

GENERAL APPLICABILITY OF COLLECTIVE AGREEMENT EMPLOYERS’ PARENT ASSOCIATION EMPLOYERS’ ASSOCIATION EMPLOYEES’ PARENT ASSOCIATION TRADE UNION Coll.agr. If the collective agreement is National and general in the field AFFILIATED LOCAL/SPECIAL ASSOCIATION AFFILIATED LOCAL/SPECIAL ASSOCIATION Binding to all employers in the field

Persons declared incompetent EMPLOYMENT CONTRACT Free form Oral, written or electronic Can be continued even in an implied form Young employees 15-18 years 15 year old can sign an employment contract but the parents can invalidate it 14 year old with the quardian’s consent under 14 with labor protection authorities' permission Persons declared incompetent Are capable of signing an employment contract, unless Forbidden by a court order or Precluded on the grounds of his incompetence