Terminating a fixed-term contract

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maxtron22
Posts: 9
Joined: Sat Nov 10, 2018 10:15 pm

Terminating a fixed-term contract

Post by maxtron22 » Fri Dec 18, 2020 7:18 pm

Hi,

I recently received a job offer that I would like to take but I am currently on a fixed-term contract which ends in 4 months + some days. Though it is specifically mentioned in the contract that it can be terminated.This is how it is mentioned in my contract: "Fixed term until 30.04.2021 but can be terminated"

Would there be any issue if I put in resignation? And have agreed with my current employer?


Also, is it must in Finland to first resign from a job and then sign the new contract? Or I can sign the contract and then resign?



Terminating a fixed-term contract

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FinlandGirl
Posts: 664
Joined: Sat Nov 09, 2019 10:43 am

Re: Terminating a fixed-term contract

Post by FinlandGirl » Sat Dec 19, 2020 1:33 pm

maxtron22 wrote:
Fri Dec 18, 2020 7:18 pm
I recently received a job offer that I would like to take but I am currently on a fixed-term contract which ends in 4 months + some days. Though it is specifically mentioned in the contract that it can be terminated.This is how it is mentioned in my contract: "Fixed term until 30.04.2021 but can be terminated"
It sounds weird that the notice period is not mentioned in the contract.
And I am not even sure about the legality of this kind of contract.

I would recommend you ask the free legal advice from https://www.sak.fi/en/working-life/immigrants
maxtron22 wrote:
Fri Dec 18, 2020 7:18 pm
Would there be any issue if I put in resignation?
What would be the effective date of the resignation?
The standard notice period from the collective agreement or law might apply, but as said above ask a lawyer.
maxtron22 wrote:
Fri Dec 18, 2020 7:18 pm
Also, is it must in Finland to first resign from a job and then sign the new contract? Or I can sign the contract and then resign?
In a fixed-term employment it is not possible for either side to terminate the contract in normal circumstances.

In a permanent employment there is a notice period set by law, that might be changed by collective agreements and employment contracts.

Usually when you are in a permanent employment and are changing jobs you sign a contract at the new employer that starts after the notice period at your current employer, and then inform your current employer that you are resigning at the end of the notice period.
Typical notice periods for employees in permanent employment are 14 days or 1 month.

maxtron22
Posts: 9
Joined: Sat Nov 10, 2018 10:15 pm

Re: Terminating a fixed-term contract

Post by maxtron22 » Sat Dec 19, 2020 2:14 pm

It sounds weird that the notice period is not mentioned in the contract.
Actually that is also mentioned, sorry for not adding that part.
In employment section of contract, its written: "Fixed term until 30.04.2021 but can be terminated"

In notice period section of the contract, its written: "According to Employment Contracts Act when the employer or employee gives notice, but at least one month"

So i believe it is possible to do so, since it is explicitly mentioned in the contract. On this link https://www.pam.fi/en/wiki/termination- ... yment.html its written that: "Neither party can terminate a fixed-term employment contract, unless provision for this has been expressly included in the contract"

I will also take the legal advice from the link you mentioned. And also talk to my HR, since it should be possible to terminate, as it is mentioned in the contract
What would be the effective date of the resignation?
It would be one month, i.e. last working day of January 2021
Usually when you are in a permanent employment and are changing jobs you sign a contract at the new employer that starts after the notice period at your current employer, and then inform your current employer that you are resigning at the end of the notice period.
Thanks for this info

FinlandGirl
Posts: 664
Joined: Sat Nov 09, 2019 10:43 am

Re: Terminating a fixed-term contract

Post by FinlandGirl » Sat Dec 19, 2020 7:19 pm

maxtron22 wrote:
Sat Dec 19, 2020 2:14 pm
It sounds weird that the notice period is not mentioned in the contract.
Actually that is also mentioned, sorry for not adding that part.
In employment section of contract, its written: "Fixed term until 30.04.2021 but can be terminated"

In notice period section of the contract, its written: "According to Employment Contracts Act when the employer or employee gives notice, but at least one month"
OK, that explains.
maxtron22 wrote:
Sat Dec 19, 2020 2:14 pm
So i believe it is possible to do so, since it is explicitly mentioned in the contract. On this link https://www.pam.fi/en/wiki/termination- ... yment.html its written that: "Neither party can terminate a fixed-term employment contract, unless provision for this has been expressly included in the contract"
Thanks, I was not aware of that.
maxtron22 wrote:
Sat Dec 19, 2020 2:14 pm
What would be the effective date of the resignation?
It would be one month, i.e. last working day of January 2021
Different from apartment rentals, notice periods for employments are not to the end of the month.
If you give notice to your current employer on Tuesday, according to the contract clause you quoted your last working day in your current employment would be January 22nd.

maxtron22
Posts: 9
Joined: Sat Nov 10, 2018 10:15 pm

Re: Terminating a fixed-term contract

Post by maxtron22 » Sat Dec 19, 2020 11:00 pm

Different from apartment rentals, notice periods for employments are not to the end of the month.
If you give notice to your current employer on Tuesday, according to the contract clause you quoted your last working day in your current employment would be January 22nd.
Thanks for clearing it out.

On a side note, you people are doing a great job on this forum helping out people. Happy Holidays!


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