Article

55/2001: Ch. 1, Sec. 10. 1333/2021: Ch. 4. 335/2007: Ch. 4 Sec. 44. 1233/2013: Ch. 4, Sec. 17. 449/2007: Sec. 11

Description

The transferor and transferee shall inform the representatives of the personnel groups affected by the transfer of the following:

• time or intended time of transfer;
• the reasons for the transfer;
• the legal, economic and social consequences of the transfer to the employees; and
• planned measures affecting the employees.

The transferor shall provide the personnel representatives with the available information referred to in subsection 1 in good time before completion of the transfer.

The transferee shall provide the personnel representatives with the information referred to in subsection 1 above within a week of the completion of the transfer. The transferor and transferee may also fulfil their obligation to inform personnel representatives jointly.

If the business transfer has results falling within the scope of the negotiation obligation provided for in section 16, negotiations on changes shall be conducted on these matters in accordance with chapter 3.

After having provided the information referred to in section 26, subsection 1 to the personnel representatives, the transferee shall afford them the opportunity to ask further questions and shall answer such questions.

At the request of the personnel representatives, the employer shall present the information referred to in subsection 1 to the entire personnel.

Commentary

Trade unions find that staff information and consultation practices are often deficient in events that do not involve dismissals, including in business transfer situations. Especially the Finnish Confederation of Professionals (STTK) has promoted a reform of the acts on cooperation so as to encourage more dialogue and cooperation within companies.

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: 20
Additional information: No, applicable in all circumstances

Sources

• Act on Cooperation within […] Groups of Undertakings (335/2007)
• Laki yhteistoiminnasta suomalaisissa ja yhteisönlaajuisissa yritysryhmissä (335/2007)
• Laki yhteistoiminnasta valtion virastoissa ja laitoksissa (1233/2013)
• Laki työnantajan ja henkilöstön välisestä yhteistoiminnasta kunnissa (449/2007)
• Employment Contracts Act (55/2001)
• Työsopimuslaki (55/2001)
• Co-operation Act (1333/2021)