Contracts and unemployment.

Reona · Post by **Reona** » Tue Nov 04, 2008 12:55 pm

My wife has worked continuously for many years in Finland and pays regularly to YTK. Her current contract of employment is for 40 hours per week and "such further time as may be necessary for the proper performance of your duties, except to the extent prohibited by Finnish law". The company's offices are in the UK but I guess it is Finnish registered since it is .............. Finland OY- and is in fact a subsid of a biggish US operation.

In practice she normally puts in more than 40 hours. However her new work and project timetable, issued by the company and which runs through to the end of January, shows a 43 hour requirement every week. Is this a break in the terms of contract and if so what can she do about it?

Secondly, her workload is getting to the point where she is thinking of resigning and looking for another post. It is what I am suggesting because I can see a breakdown coming here - in fact she had one about 5 or 6 years ago due to overwork and I am becoming increasingly concerned. She believes she will be without benefit for 3 months and then get 80% of her salary for up to 2 years - is this correct or would we have to contact YTK for an answer - I'm not at all clear how this works.

Any help or guidance greatly appreciated.

Many thanks in advance.

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Pursuivant · Post by **Pursuivant** » Tue Nov 04, 2008 1:03 pm

well you would have to read the contract and then the appropriate union agreement...

... the 3 months quarantine is if you quit quite appropriately. after that its the 500 days...

Reona · Post by **Reona** » Tue Nov 04, 2008 1:26 pm

Pursuivant wrote:well you would have to read the contract and then the appropriate union agreement...

... the 3 months quarantine is if you quit quite appropriately. after that its the 500 days...

OK thanks. I'm not sure what quite appropriately means in this context?????

I quoted the contract in the first line of my post - it does seem to give the company a let out. However are you saying this is something the union would advise on - my wife seemed very doubtful as to whether they would give any sort of legal advice - but I guess she doesn't really know - she views it simply as an unemployment fund. There is no agreement between her employer and any Finnish union - there are only a small handful of employees in Finland.

Pursuivant · Post by **Pursuivant** » Tue Nov 04, 2008 1:42 pm

the union contracts are in Finland universal. and yes, YTK is not an union but an unemployment fund which doesn't effect the fact - unless it is one of such professions there is only a handful of workers, most employees in Finland are covered by one of the universal union contracts. so say if you are working as a florist so regardless there is only the one old granny hiring you, she cannot go below the minimum as agreed by the union of botanists or whomever the majority of florists are set under regardless you or the granny belong to or not. hence "there is no minimum wage in Finland" as the minimum is set by the union contracts. then theres a question of the contract being for a salaried employee or something else...

the quarantine or "labor politic suspension" of 90 days is lifted only of "valid reasons" which you can generally come up with any reasons it is rarely labor politically "valid". http://www.ytk.fi/index.asp?id=173 (=> benefits ABC) so basically you cannot quit nor be fired but you need to be be laid off...

what needs to be done in any case the very first day though is to walk right into the employment office as the clock for the 7 days as well as the 90 days starts ticking from that moment and no other moment.

inkku · Post by **inkku** » Tue Nov 04, 2008 1:54 pm

Reona wrote: the union would advise on - my wife seemed very doubtful as to whether they would give any sort of legal advice - but I guess she doesn't really know - she views it simply as an unemployment fund. There is no agreement between her employer and any Finnish union - there are only a small handful of employees in Finland.

Exactly, YTK is only a fund, as compared to traditional trade unions which provide usually excellent lawyer services for this kind of cases. Well, unfortunately it does not help here.

In my opinion, she should first discuss amicably with her employer.

then look for advice
http://www.tyosuojelu.fi/fi/workingtime
http://www.tyosuojelu.fi/fi/guidance

possibly go to see a doctor and ask for sick leave for burn out, “tyouupumus” (which does not resolve the problem, but is more like first aid)

if nothing helps, then look for legal advice
YTK has a list of lawyer services
http://www.ytk.fi/index.asp?id=236

I do not see this as a case of resigning or being laid off, but the employer starting following common work contract conditions and agreements prevailing in this country.

Upphew · Post by **Upphew** » Tue Nov 04, 2008 1:57 pm

I agree with inkku, doctor is the right place to go, not unemployment. After stress leave, serious talk with boss would be in order.

Tiwaz · Post by **Tiwaz** » Tue Nov 04, 2008 1:59 pm

I recommend joining union too. Yeah, they take part of your salary. But it should be tax deductible.

They generally have arranged all the lawyers and whatnot to take care of your problems. Because getting into court can be expensive even if you win, since you have to make a living while waiting for your case to be heard. And lawyer might charge every month for hours he/she does for your case.

Reona · Post by **Reona** » Tue Nov 04, 2008 2:43 pm

Thanks to everyone for your help - really appreciate it. My wife is telephoning her doc as I type.

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