Eurofound's ERM database on restructuring-related legal regulations provides
information on regulations in the Member States of the European Union and Norway
which are explicitly or implicitly linked to anticipating and managing change.
Finland: Selection of employees for (collective) dismissals
Phase
The Employment Contracts Act (55/2001), Law on amending the Employment Contracts Act (32/2022)
Native name
Työsopimuslaki (55/2001), Laki työsopimuslain muuttamisesta (32/2022)
Type
Selection of employees for (collective) dismissals
Added to database
08 May 2015
Article
Ch. 7, Sec. 9-10 (55/2001)
Ch 7, Sec 9 (32/2022)
Description
In case of (collective) dismissals, employee representatives are protected in that they cannot be dismissed before all posts in their job category are eliminated and no other suitable work is available for this person.
The employer may terminate an employee on pregnancy, special pregnancy, parental or care leave only if the employer's operations cease completely. Any dismissal of an employee who is pregnant or on family leave shall be deemed to have taken place on the basis of the employee's pregnancy or family leave, unless the employer can prove that there was some other reason.
Commentary
Some collective agreements may regulate further the order in dismissals, for example:
In selecting candidates for collective dismissals, employers should take into account length of service and family circumstances.
Preference in retention should be given to skilled personnel and those partly disabled due to work accidents.
Additional metadata
Cost covered by
None
Involved actors other than national government
National government
Involvement (others)
None
Thresholds
Affected employees: No, applicable in all circumstances Company size: No, applicable in all circumstances Additional information: No, applicable in all circumstances
Sources
Watson Wyatt (2006) Employment Terms &Conditions Report Europe Volume I, Brussels, Belgium
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