Can Lomaraha be deducted after being paid: Is it legal?

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Samer2010
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Joined: Fri Sep 03, 2010 10:16 am

Can Lomaraha be deducted after being paid: Is it legal?

Post by Samer2010 » Fri Sep 14, 2018 11:17 am

Hi Forum

I have a question about the Lomaraha and I would appreciate your inputs!

Assume that a person has been working full-time for e.g. Company-A for a few years already, and for this year 2018 has his standard (Lomaoikeus: 30 days) annual holidays. Company-A has already paid the first part of the Lomaraha along with June's salary. Also, Company-A has already paid again the second part of the Lomaraha along with August's salary.

By end of August, The person has resigned and left the Company-A, and now in September, Company-A paid for the unused holiday, But at the same time they deducted the entire Lomaraha (The first part which was paid in June, as well as, the second part which was paid in August).

Is this normal, legal, or common practice?
Last edited by Samer2010 on Sat Sep 15, 2018 1:26 pm, edited 1 time in total.



Can Lomaraha be deducted after being paid: Is it legal?

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network_engineer
Posts: 666
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Re: Can Lomaraha be deducted?

Post by network_engineer » Fri Sep 14, 2018 3:49 pm

Hi,

I am not sure if the question is clear enough to me, but if you have left the organisation, the company will pay you for any unused/ unspent holidays that you may have accrued (holiday periods are defined by law). However, am not sure if the already paid holiday bonus has an impact on it. Can they deduct it back? As far as I know, no, they cannot. But I just googled it, here goes:
Lomaraha on työehtosopimuskohtainen lisäsumma
Lomapalkan lisäksi sinulle maksetaan todennäköisesti lomarahaa, joka on yleensä 50 prosenttia lomapalkastasi, eli summasta, jonka sait edeltävällä kaavalla. Oikeus lomarahaan tulee työehtosopimuksesta eikä laista, joten sitä ei makseta välttämättä kaikilla työpaikoilla. Tarkista siis oikeutesi lomarahaan työpaikkasi työehtosopimuksesta tai luottamusmieheltäsi.


I.e. as much as I understand [the Finnish language] this can be quite dependent on the company. You should reach out to the payroll, and if you still have doubts, contact the employee representative (luottamusmies) in your organisation, they can help.


Samer2010
Posts: 178
Joined: Fri Sep 03, 2010 10:16 am

Re: Can Lomaraha be deducted after being paid: Is it legal?

Post by Samer2010 » Sat Sep 15, 2018 1:24 pm

Sorry if my question was not clear. The main issue is with the "The already paid holiday bonus"!

The company paid first half of the holiday bonus along with June salary on (15.06.2018) e.g. 1000€, then, the company paid the second half of the holiday bonus along with August salary on (15.08.2018) e.g. 1000€. Which means => The whole holiday bonus of 2018 has been already paid !

The employee resigned on (20.08.2018), and served out the standard two weeks notice, and the employment ended on (31.08.2018).

Mid of this month (September), The employee was waiting his last payment from the company (Had unused holiday+Saldo), and everything was paid correctly, BUT ALSO, The company has REDUCED the entire holiday bonus e.g. 2000€ !

In other words, The company took back the entire holiday bonus which they paid already with June's & August's salaries. Of course the employee contacted the payroll, and they said since you resigned we take all the holiday bonus money back and you are not entitled to it. It really feels like a punishment for leaving.

The collective agreement says nothing that employer can take back the already paid holiday bonus, and here it is: https://teknologiateollisuus.fi/sites/d ... df#page=38

Is this really legal ?


riku2
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Re: Can Lomaraha be deducted after being paid: Is it legal?

Post by riku2 » Sun Sep 16, 2018 3:30 am

is the company paying the lomaraha based on holidays actually taken or the lazy way of paying half in june and half in august? i have worked for companies who have done it both ways. but in both cases i agree with the company in taking it back. if you don't take the holiday then why should they pay the holiday bonus. in the first case (you only get the bonus when you take the holiday) then you would not get the bonus in the first place. in the second case (paid in june + august) then they have paid in advance on the assumption you'll take the holiday (paying it in june and august since most finnish people take july as holiday and it's easier to pay the bonus that way than track the holidays taken and pay it when the holiday is actually taken).

the original reason for the holiday bonus is to entice employees back to work after taking their month's summer holiday (supposedly they would just enjoy the summertime and only come back to work once their money ran out, presumably sometime before christmas, the paper mills having been unable to start work again due to too many absent employees). So the lomaraha is paid after taking the holiday. Don't take the holiday -> no lomaraha!


Rick1
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Re: Can Lomaraha be deducted after being paid: Is it legal?

Post by Rick1 » Fri Sep 21, 2018 10:28 pm

Like people did 50 years ago. All rules are based on 40 years in same company; developed country Finland?


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Piet
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Re: Can Lomaraha be deducted after being paid: Is it legal?

Post by Piet » Fri Sep 21, 2018 10:41 pm

Rick1 wrote:
Fri Sep 21, 2018 10:28 pm
Like people did 50 years ago. All rules are based on 40 years in same company; developed country Finland?
Like the rental law, one has more right in Zimbabwe it seems (dollars get you all you want).
If god would give us the source code, we could change the world
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