Based on the employer’s right to direct, the employer has the right to decide how and where work is to be carried out. Unless the employment contract expressly stipulates permission for remote work, the employee is not entitled to work remotely. Remote work practices at the workplace can also freely be changed by the employer unless they have been expressly agreed upon in employment contracts.
The employer decides whether warnings will be issued. An employee who has been given a warning cannot have the warning assessed by a court during his or her employment. If you have been issued a warning which you consider to be unjustified and you believe that the claims presented in the warning are untrue, you should prepare a response and deliver it to your employer. The response should be made in writing and you should keep a copy of it. Regardless of the response, your employer decides whether the warning is withdrawn. Ultimately, the grounds for a warning may be legally assessed if your employment is later terminated because of the warning. Learn more about warnings here.
- My employer terminated my employment based on financial and production-related reasons but hired a new employee. Was the termination legal?
According to the Employment Contracts Act, financial or production-related grounds for termination do not generally exist if either before termination or thereafter, the employer has employed a new employee for similar duties, even though the employer's operating conditions have not changed during the period between hiring the new employee and the termination of your employment. Learn more about financial and production-related grounds here.
Contact your employer and ask why the payment of your salary has been delayed. You can also send your employer a pay claim form.
If your employer does not pay your salary despite your request, you can contact the legal advice service of the General Unemployment Fund YTK by telephone. If your employer has not paid your salary due to financial difficulties or insolvency, you should submit a pay security application within three months of the due date of the pay claim. Learn more about applying for pay security here.
According to the Employment Contracts Act, the final pay shall be remitted on the last day of employment. Check your employment contract and any collective agreement to see if the payment has been agreed otherwise. If the payment of your final settlement has been delayed, you can make a claim for full salary for the ensuing days of delay, but for a maximum of six calendar days. Contact your employer to inquire about the basis for the delay in payment. Also make a claim for the payment of salary for the waiting period. You can also send your employer a pay claim form.
If your employer does not pay your salary despite your request, you can contact the legal advice service of the General Unemployment Fund YTK by telephone. If your employer has not paid your salary due to financial difficulties or insolvency, you should submit a pay security application within three (3) months of the due date of the pay claim. Learn more about applying for payment security here.
According to the Annual Holidays Act, the employer can determine the time of an employee’s annual holiday. However, the employer must grant its employees an opportunity to express their views on the timing of the holiday, and the employer must, as far as possible, take the proposals of the employees into consideration. The employer must observe impartiality in the timing of the holidays. When determining the timing of the holiday of a given employee, the employer must notify the employee of the preferred dates no later than one month before the beginning of the holiday. If this is not possible, notification of the timing of the holiday may be provided at a later date. However, the notification must be provided at least two weeks before the beginning of the holiday. The employer must also comply with the times of granting annual holiday, in other words, the summer holiday (24 days) must be taken in the summer holiday season (2 May – 30 September) and the winter holiday (6 days) must be taken in the winter holiday season (1 October – 30 April).
If an employee is incapacitated at the start of his or her annual holiday, the holiday must, at the request of the employee, be postponed to a later date. The employee also has, at his or her request, the right to have the holiday or part of it postponed if it is known that during his or her holiday the employee has to receive medical treatment or other comparable treatment during which he or she will be incapacitated. The annual holiday is not postponed automatically, and the employee must explicitly request that the annual holiday be postponed. The request to postpone the annual holiday must be made to the employer without delay, and the employee must, at the request of the employer, present a reliable account of his or her incapacity to work.
If an employee becomes incapacitated for work during his or her annual holiday, the employee has the right to have the days of incapacity that exceed the six-day waiting period postponed. The employee is not entitled to have the six days included in the waiting period postponed. If the incapacity for work continues for more than six days, the employee is entitled to have the holiday postponed by the number of days of incapacity for work exceeding six days. Annual holiday is not postponed automatically, and the employee must explicitly request that his or her annual holiday be postponed. The request to postpone annual holiday must be made to the employer without delay, and the employee must, at the request of the employer, present a reliable account of his or her incapacity to work.
The Annual Holidays Act does not include provisions concerning holiday bonus. The payment of holiday bonus may be based on a collective agreement or workplace practices. Check the applicable collective agreement or ask your employer about the payment of holiday bonus. If there is no generally binding collective agreement in the sector and the payment of holiday bonus is not an established practice at the workplace, the employer is not obliged to pay holiday bonus. Learn more about holiday bonus here.
Most employment benefits are linked to your wages, which means that while you are not being paid, you will not be entitled to your benefits either. One exception is living accommodation provided by your employer. You can continue to live in your home while you are on furlough, but your employer has the right to charge you a reasonable amount of rent. What counts as ‘reasonable’ depends on the rental value of properties in your area.
You can also speak to your employer about the possibility of keeping your other benefits. If your employer lets you keep your company car while you are on furlough and does not charge you anything for it, income tax and other normal wage-related charges will be levied as if your employer was paying you wages. A different policy may have been agreed regarding employment benefits in your contract, or allowing employees to keep certain benefits while on furlough may have become an established practice at your workplace. You can find out more about the effect of employment benefits on your earnings-related daily allowance on Unemployment fund's website.
You are entitled to your usual holiday pay rate for any days of annual leave that you take while you are on furlough. Your holiday pay rate depends on your average wages during the period in question. If your annual leave entitlement is based on full-time employment, you cannot claim an earnings-related daily allowance for the days that you have off. If your annual leave entitlement is based on part-time work, your daily allowance will be adjusted to account for your holiday pay. You can find out more about the effect of annual leave on your daily allowance on our website.
Your employer can place you on furlough even if you are on sick leave, but your furlough will not become effective until after your sick leave ends. If you get sick while you are on furlough leave, you will not be entitled to sick pay. In other words, the official reason for your absence will be whichever type of leave began first. You are deemed to be furloughed as of the date on which your employer gives you notice of the furlough. If you go on sick leave on the day on which your furlough leave begins, your employer will probably apply whichever set of rules is more favourable to you.
Your employer cannot force you to work while you are on sick leave if you have a doctor’s note excusing you from work altogether. In the case of, for example, certain managerial positions, performing small, time-critical work-related tasks may nevertheless be required in some circumstances. Your work must not put your health at risk.
If you have a medical certificate that says that your “fitness for work is compromised” but does not excuse you from work altogether, you cannot stay off work. Instead, you need to speak with your employer about arrangements for accommodating any special needs that you may have.
According to the Finnish Annual Holidays Act, you will stop accruing annual leave if you spend 75 or more working days of the holiday year (1 April to 31 March) on sick leave or in medical rehabilitation or if your absence due to a single illness, injury or rehabilitation programme continues after the end of the holiday for 75 days without interruptions. If your sick leave or rehabilitation continues without interruptions for up to 12 months, you have the right to take additional days off work if you have earned less than four weeks (24 days) of paid leave.
The 75-day cap also applies if you work part-time, as long as you work at least 14 days each month. Only the days on which you would have been at work had you not been sick are taken into account.
If your employment contract is subject to the 35-hour earnings rule, the cap is 105 calendar days. The 35-hour earnings rule applies to any calendar months during which you work at least 35 hours.
If your sick leave or rehabilitation continues without interruptions for up to 12 months, you have the right to take additional days off work if you have earned less than four weeks (24 days) of paid leave. Your leave is deemed to have been interrupted if any days or hours that you work in between periods of absence entitle you to earn your full leave for the month (14 days or 35 hours, depending on which rule applies).
Employees receiving a part-time sickness allowance:
If you are receiving a part-time sickness allowance and working shorter hours, or if you have been given a temporary part-time sickness allowance, your working month is deemed to be 14 days long and the 75-day cap consequently applies.
If you work fewer than four days each week and your part-time sick leave is not of a temporary nature, your employment falls under the 35-hour earnings rule and the applicable cap is 105 calendar days.
If your sick leave or rehabilitation continues without interruptions for up to 12 months, you have the right to take additional days off work if you have earned less than four weeks (24 days) of paid leave. Any days or hours that you work on the basis of a part-time employment contract do not count as ‘interruptions’.
Right to take additional days off work:
The right to take additional days off work is designed to bring your total annual leave to four weeks (24 days). These kinds of days off differ from your normal annual leave in the sense that no new holiday is accrued, no holiday bonus is payable and the pay that you receive is not called ‘holiday pay’*. Your pay for any additional days that you take off work will be based on your regular or average wage, including any usual bonuses and benefits.
* Individual collective agreements may provide for different arrangements for the payment of holiday bonuses for additional days off work.