Doubt about job contract.

[eirinn]

Hello all,
I have been offered a new contract for a job which would be under the collective agreement for salaried employees in Technology Industry.
There is one weird thing, in my opinion: in the contract it's already stated the number of overtime hours I should do. By reading here: http://guidetoworkinginfinland.fi/E30/working-time I understand that "It (overtime) must be separately agreed on each occasion" or in finnish "Ylityöstä on sovittava tapauskohtaisesti", which would be translated as "it must be agreed case by case".
From http://www.tyosuojelu.fi I've also found:
"Overtime also always requires the employee’s consent, and this consent must be specifically and separately obtained for each occasion. Therefore an employee cannot be ordered to work overtime and may not commit in the employment contract to working overtime whenever required."
I've already asked some info to the unions, but I wanted to know your opinions, or if you already found something like that.

[betelgeuse]

I have been offered a new contract for a job which would be under the collective agreement for salaried employees in Technology Industry.
There is one weird thing, in my opinion: in the contract it's already stated the number of overtime hours I should do.

What's the exact text in the contract?

[Pursuivant]

I'm not sure if its as much ylityö than the flex you do on projects.

[eirinn]

The contracts only says 44hrs normal working time per week. It does not mention any overtime, even if the agency explained me that the salary will be payed as 37.5 plus additional work (2.5) plus overtime.

[betelgeuse]

The contracts only says 44hrs normal working time per week. It does not mention any overtime, even if the agency explained me that the salary will be payed as 37.5 plus additional work (2.5) plus overtime.

Is there a collective bargaining agreement? Normally 40 hours is the legal maximum.

http://www.finlex.fi/fi/laki/ajantasa/1 ... 60605#L3P6

Hi, overtime can be directly included with the job contract. While working for Olkiluoto3 I had signed such contract. The normal working hours were 9.5 hours per day and it was in the contract that basic pay was certain amount for 37.5 hours per week and 10 hours per week was according to overtime pay act. The amount and working time all written in the contract legally.

There's no overtime pay act in Finland. It's not possible to give approval for overtime as you specify in the contract for two reasons.

1. Continuous concent can only be given for short periods of time.

http://www.finlex.fi/fi/laki/ajantasa/1 ... 0605#L4P18

2. It goes over the limits for overtime unless your contract was for a short period of time.

http://www.finlex.fi/fi/laki/ajantasa/1 ... 0605#L4P19

Neither of these rules can be agreed on otherwise in a collective bargaining agreement. You could use the formula specified to calculate a monthly salary but even then support from a collective bargaining agreement would be needed. Even then it needs to average out to 40 hours per 52 weeks.

http://www.finlex.fi/fi/laki/ajantasa/1 ... 60605#L3P9

[betelgeuse]

The contracts only says 44hrs normal working time per week. It does not mention any overtime, even if the agency explained me that the salary will be payed as 37.5 plus additional work (2.5) plus overtime.

I went through my old contract and it says 44 hours as you said. I don't think its illegal, why would such a huge company risk its reputation and lawsuits + fines by doing something openly illegal? that also in Finland.

OL3 has a notorious history for breaking Finnish law when it comes to working time legislation

Pahin työsuojeluongelma ulkomaisen työvoiman työehtoja valvovan tarkastajan Anu Ikosen mukaan ovat työajat. Päivittäinen työaika on normaalisti kymmenen tuntia, ja viikkoon mahtuu kuusi työpäivää. Työtahtia ei tasoiteta pidemmälläkään aikavälillä säännölliseen työaikaan eli 40 tuntiin viikossa. On tavallista, että sunnuntai- tai ylityökorvauksia ei makseta.

http://www.ttl.fi/fi/tiedotteet/Sivut/t ... _2010.aspx

I can only guess why it happens. A lot of it probably has to do with the foreign companies involved and the fact that Areva sold it as a fixed price project. From an employee perspective it's hard to point out financial damage if the hours were properly paid for. The employer can certainly be fined.

The text in the image you pasted is illegal and as such unenforceable.

[eirinn]

I went through my old contract and it says 44 hours as you said. I don't think its illegal, why would such a huge company risk its reputation and lawsuits + fines by doing something openly illegal? that also in Finland.

My contract is exactly as yours, and believe me, if it's on a contract it doesn't mean that it's legal. It wouldn't be the first time that I sign an illegal one, and that's why I am asking. Anyway, yes, it's in OL3. The salaries are higher now, I guess because the project is near the end and they must keep the people in some way. I'm already working there but not with that contract, but you are right, there's at least a nice atmosphere. Too bad it will end soon!

[eirinn]

So finally I've had some explanations. Apparently you can have the overtime in your contract, but you can refuse to do them (this answer is coming from työsuojelu), because the employee needs to give his consent each time. I wonder why including something not really binding in the contract, then. The agency instead told me that being OL3 a project, the laws ruling it aren't the same as for a "normal" permanent employment, for which this clause would be illegal. The unions say it's not possible to have this kind of agreement in the contract.
In a few words, a total mess, as for the annual leave act.

[betelgeuse]

So finally I've had some explanations. Apparently you can have the overtime in your contract, but you can refuse to do them (this answer is coming from työsuojelu), because the employee needs to give his consent each time. I wonder why including something not really binding in the contract, then.

To screw people who do not know better.

The agency instead told me that being OL3 a project, the laws ruling it aren't the same as for a "normal" permanent employment, for which this clause would be illegal. The unions say it's not possible to have this kind of agreement in the contract.

Bogus. Ask them to provide a link to Finlex for the special OL3 legislation. They will not be able to since it doesn't exist. If it did, it would come up in this Tax authority report on OL3.

https://www.vero.fi/download/Asiantunti ... F1%7D/7685

Tarkastuskertomusten mukaan osa työntekijöistä tekee vuoro- työtä kahdessa tai kolmessa vuorossa, osalla on säännöllinen työaika. Säännöllinen työaika voi työaikalainsäädännön mukaan olla ainoastaan 8 tuntia päivässä ja 40 tuntia viikossa.