European Restructuring Monitor (ERM)
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.
1333/2021: Ch. 2, 3. 335/2007: §3. 1233/2013: Ch. 1-4. 449/2007: Sec. 1-15
According to the acts on cooperation, the employer has an information and consultation obligation towards the employees regarding matters and decisions that may have an effect on them. Such matters include, but are not limited to, (collective) dismissals, temporary lay-offs, alternations of full-time contracts into part-time contracts, the termination of some or all activities of the company, its transfer to another place, the acquisition of machinery and equipment, changes in the range of services or products, work arrangements, and the use of external labour.
Personnel representatives have a right of access to information, which is connected to the dialogue between the employer and the personnel representative. The employer must provide the necessary information related to the matter under consideration, which the employer can reasonably provide, and which the employer has the right to provide. The personnel representative also has the right of initiative, i.e. he can bring up issues he deems necessary for dialogue. The employer must provide certain information to the personnel representative annually, regardless of whether there is a dialogue on the matter at the time. This way, the personnel representative always knows the situation and conditions of the workplace.
The opportunities for personnel to participate in the processing of matters concerning the status of employees can also be promoted by personnel representation in company administration (administrative representation). Administrative representation applies to companies with at least 150 employees.
The administrative representative must enter a truly influential decision-making body, i.e. a body that deals with important issues regarding business, finances and the position of personnel, and he will also receive the necessary training to function in the body.
The requirements in terms of negotiations of changes only apply if the number of employees employed by the company is regularly at least 20. Temporary workers are not included in the number of employees of the company.
The employer is obliged to conduct change negotiations when it considers the dismissal, layoff, part-time employment of one or more employees or unilaterally changing an essential condition of the employment contract on economic or production grounds.
Negotiations must start when the employer is considering measures in accordance with the Cooperative Act, such as layoffs or part-time employment. If the employer is considering layoffs, the employer must still draw up operating principles or an action plan that support the employment of employees.
Trade unions are generally at least nominally involved in cooperation negotiations, as trade union members have a priority to employee representative positions.
Eurofound (2015), Finland: Staff information and consultation on restructuring plans, Restructuring legislation database, Dublin, https://apps.eurofound.europa.eu/legislationdb/staff-information-and-consultation-on-restructuring-plans/finland
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