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LABOUR LAW.

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Presentation on theme: "LABOUR LAW."— Presentation transcript:

1 LABOUR LAW

2 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?

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

4 Source: Kivelä-Nordell: Yrittäjän oikeutta

5 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

6 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

7 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

8 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)

9 E.g. Akava's affiliates Academic Engineers and Architects in Finland:  Akava Special Branches: Akava's General Group: 739 Association of Finnish Lawyers: 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:  Finnish Dental Association: 7 273 Finnish Medical Association: Finnish Pharmacists' Association: 7 909 Finnish Police Federation SPJL: 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: Officers Union: 6 140 Sales and Marketing Professionals:  Trade Union of Education in Finland: 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: Union of Professional Engineers in Finland: Union of Professional Social Workers: Union of Professionals in Natural, Environmental and Forestry Sciences Loimu: Union of Swedish-speaking Engineers in Finland: 3 150 Union of Technical Professionals, KTK:  8 293

10 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

11 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.

12 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

13 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

14 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


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