Question regarding fixed term contracts

tulkki · Post by **tulkki** » Mon Jun 01, 2009 6:42 pm

Hei there!

Can anyone tell me if there is a law stating that after two fixed-term contracts in the same company and the same job the next one MUST be a permanent one? It's like that in my home country. I've had two now in a Finnish company (one for 3 months and one for 6 months) and was wondering if the next one can be fixed-term again.

Thanks in advance for your help!

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EP · Post by EP » Mon Jun 01, 2009 7:04 pm

after two fixed-term contracts in the same company and the same job the next one MUST be a permanent one

I have never heard of such thing in Finland. Many teachers, nurses and so on live on fixed tem contracts. It even has a name: pätkätyö. Never a payed vacation, and always uncertain of future.

onkko · Post by **onkko** » Mon Jun 01, 2009 8:05 pm

If they dont have valid reason to use fixed term contracts then its illegal. Dont ask what is valid reason but woman who had 27 contracts between 97-06 and court looked it was permanent contract and illegal termination.
You better ask from your liitto what their loyars say.

tulkki · Post by **tulkki** » Mon Jun 01, 2009 10:56 pm

EP wrote:
after two fixed-term contracts in the same company and the same job the next one MUST be a permanent one
I have never heard of such thing in Finland. Many teachers, nurses and so on live on fixed tem contracts. It even has a name: pätkätyö. Never a payed vacation, and always uncertain of future.

Then I guess I'm a bit lucky - I get paid holidays at least... Thank you both for your answers! I guess I'll just talk to the Union and see what they tell me.

Thanks!

DMC · Post by **DMC** » Tue Jun 02, 2009 6:56 am

EP wrote:I have never heard of such thing in Finland. Many teachers, nurses and so on live on fixed tem contracts. It even has a name: pätkätyö. Never a payed vacation, and always uncertain of future.

Contractors in the UK are entitled to holiday pay, and this is apparently an EU regulation so should apply here also. Here is one article about it. The uncertainty about the future is a mindset. There may be more uncertainty about a contract position han a permanent one, though that is debatable these days. Perhaps contractors view their security as being in their skills, not in their job, thinking they can always find another job or contract. Are there many nurses among the long-term unemployed?

CatNip · Post by **CatNip** » Tue Jun 02, 2009 8:12 am

You earn holidays ALWAYS in Finland, does not matter what the contract type is or if you are working through a contractor company, for example Manpower or Eilakaisla. This is by law. In the end of a fixed term contract you should get your earnd holidays paid out.

There is no automated process in Finland when a fixed term contract turns into a permanent one. Fixed term contract requires always a reasoning that defines the nature of the work is temporary. Does your employment contract has the reason or the possible project defined?

Tiwaz · Post by **Tiwaz** » Tue Jun 02, 2009 4:03 pm

Alas, when they do not renew your contract, while you do get money for earned holidays you do not get payment for any "extra" days. Meaning days they keep you out before rehiring you as it is with many teachers. They are unemployed for duration of summer vacation of students. Which is longer than period of paid vacation teachers manage to accumulate during their work.

Nor does it tend to count towards more holidays (after 1,5 years at work you are starting to get winter vacation days)

mrjimsfc · Post by **mrjimsfc** » Tue Jun 02, 2009 4:19 pm

Many companies have short term/limited term cotracts with their clients. They don't want to have to keep paying you after their contract with the client runs out. Companies with lots of clients don't usually have that problem. Find a company that has a larger clientel.

Tiwaz · Post by **Tiwaz** » Tue Jun 02, 2009 4:35 pm

mrjimsfc wrote:Many companies have short term/limited term cotracts with their clients. They don't want to have to keep paying you after their contract with the client runs out. Companies with lots of clients don't usually have that problem. Find a company that has a larger clientel.

Not necessarily.

It is better to give someone temporary contract and then leave it as summer and holiday seasons come up, with promise that when business picks up at fall you will get new stint.

You do not pay social security etc for period when they are not hired. And they do not get all the benefits of regular worker. (Christmas holidays, they do not have month or even 6 months of notice before fired etc etc)

It is becoming more and more norm in various companies. If they trust that you will come back in fall, there is little point to hire you on permanent contract.

DMC · Post by **DMC** » Tue Jun 02, 2009 6:44 pm

mrjimsfc wrote:Many companies have short term/limited term cotracts with their clients. They don't want to have to keep paying you after their contract with the client runs out. Companies with lots of clients don't usually have that problem. Find a company that has a larger clientel.

The use of contractors is not related to the size of the client base. If you really think it is, have fun explaining why, say, a bank with millions of clients might use contractors.

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