employment termination and my rights

[sam_001]

I am on a quite high salary job in a company. Today, my boss informed me that the role for which I was hired does not require me as such and they have tried to find suitable position in the company for me but they unfortunately have no suh vacant position that fits my salary and experience

They offered that they will terminate my contract and give me salary for few more months while my contract will end immediately. They gave no solid reasons for the decision

I have no problem with ending the contract and with my skills, I should not find it hard to find another job. I am also quite happy that I will be given few months advanced salary even though the contract was two months notice

I still want to know if I have any employment rights that I should negotiate with the HR

P.S: I have been stupid enough not to become a member of a union so I guess before you ask me to contact my union, no I am not a member of any union

[Pursuivant]

Hrmpf... They should do the YT

[sam_001]

Hrmpf... They should do the YT

Could you elaborate please

-Sam

[sam_001]

Another question that just popped to my mind is that my agreement states the mentioned period notice in advance. There has been no warnings verbal or written or no bad reviews. Can the employer simply terminate the contract by giving a notice in advance as per the contract or do they have to follow a procedure? The termination totally came out of the blue without any understandable reasons.

[Piet]

Another question that just popped to my mind is that my agreement states the mentioned period notice in advance. There has been no warnings verbal or written or no bad reviews. Can the employer simply terminate the contract by giving a notice in advance as per the contract or do they have to follow a procedure? The termination totally came out of the blue without any understandable reasons.

I wonder the same thing, in other countries it depends greatly on the form of contract. For Example in some countries: If you have a permanent contract, the court needs to make a decision if you do not accept the contract being cancelled, this cancellation is not by definition always legal, also accepting the cancellation of the contract might hurt your unemployment benefit rights. I do not know about these rules here in Finland, never had a job contract

So before accepting anything, make sure what your rights are...you might want to visit TE office for advise on this..(or legal advise from a lawyer or public legal defence agency).

http://www.infopankki.fi/en/living-in-f ... d-a-lawyer

[betelgeuse]

Another question that just popped to my mind is that my agreement states the mentioned period notice in advance. There has been no warnings verbal or written or no bad reviews. Can the employer simply terminate the contract by giving a notice in advance as per the contract or do they have to follow a procedure? The termination totally came out of the blue without any understandable reasons.

In Finland termination by employer is restricted by law. See chapter 7 here:

http://www.finlex.fi/en/laki/kaannokset ... 010055.pdf

They offered that they will terminate my contract and give me salary for few more months while my contract will end immediately. They gave no solid reasons for the decision

It seems to me they are trying to buy you off the contract (legal). The papers would probably end up saying that you chose to resign in return for money. This would make you ineligible for unemployment benefits for 90 days.

So before accepting anything, make sure what your rights are...you might want to visit TE office for advise on this..(or legal advise from a lawyer or public legal defence agency).

A public legal defender would not help someone with a high salary.

P.S: I have been stupid enough not to become a member of a union so I guess before you ask me to contact my union, no I am not a member of any union

It's probably not too late to join.

[Rip]

If he asks job certificate which says the termination of contract from employer then he'd be eligible for unemployment benefits from the day he stops receiving the salary + 15 days waiting max.

Are you sure?

rtisanomiskierroksilla työnantajilla on tapana tarjota sopimusta, johon kirjataan irtisanomisperusteeksi työntekijän oma pyyntö tai sitä ei mainita lainkaan. Silloin irtisanoutumine voi johtaa karenssiin sekä työttömyysetujen määrän vähenemiseen, kuten ansiopäivärahaan ja eläkkeeseen kerryttävään palkan menetykseen.

https://tyoelama.duunitori.fi/ykl-irtis ... untarissa/

If there are no legal grounds that the employer can write there (except employees own request), then what do yo you think they will do?

One the other hand, if one is working on a bit of niche area, where the the prospective employers (their representatives) quite likely know each other, then taking everything that you can is not necessarily smart, especially if OP thinks without legal fight he can get a new job easily.

Also, if OP never joined any unemployment fund (without union) either, then unemployment payments would be pretty poor anyway.

[Rip]

Are you sure?

hmm... when the termination of contract was proposed by employer on what grounds he'd not be qualified for unemployment benefits? As I read people get penalized for quitting job but not for being fired.

For agreeing to be fired without legal grounds? One could argue that it is not that much different from leaving on your own (noting that leaving your job because of low motivation, because your boss sucks are not good enough reasons for TE-office).

As practical issue, I could see it leading to people having conversations with their bosses like "I want to leave but i want to have the full benefits. Can you fire me?"

[riku2]

Hrmpf... They should do the YT

The size of the company in finland is also relevant. If it's small (under 20 people) then YT does not apply. The number is the number of employees in finland and I had my contract terminated 2 years ago and we were a small office of an international company. In our circumstances they paid the notice period (six months due to length of service) but we were shown the door immediately. In the next six months we received our salaries but did no more work and could look for another job (I think they gave us a choice of the six months money immediately or paid monthly over the next six months). the second option was better since it spread the remaining income over two tax years.

[Rip]

It is true that YT-rules do not apply to small companies. I guess the situation could fit under the relevant "tuotannolliset ja taloudelliset" syyt...?

(meaning there is no need for the work he is doing currently and he can't be reasonably transferred or trained to another position)

[dave071061]

Assuming the company is not so small that YT doesn´t apply, then the company should do YT, at the end of which you will still be without a job and will get the statutory notice which depending on how long you have been employed and your contract will be likely 1 or 2 months.
Alternatively you can negotiate with the company for you to leave through your own choice and they will give you a package which is more than you would get under YT. this is what they seem to be proposing.
You can however refuse to do this in which case they do have to do the YT however you will still be without a job and you would not get the package being offered at the moment.
So you need to do the maths, If you leave of your own accord (Take the package) you can´t claim benefits for a period (I think it´s 3 months but not sure) however 2 months additional salary is worth far more than the benefits you would get in those 3 months, also take into account if you go through the YT process that will take at least 1 month, so that is a months additional employment,
And remember any package they have offered you at the moment is negotiable, Many companies do not want to use the YT process because it restricts their ability to recruit for a period after.
Personally I would get what I could out of the package and get the hell out of dodge!