need suggestion regarding layoff

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rinso
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Re: need suggestion regarding layoff

Post by rinso » Mon Jan 31, 2011 8:37 pm

can I seek legal action against it, cause my contract was temporary ???
It is always possible, but since it is a he said, she said situation, you probably get nothing out of it.
Only if they violate the terms of the contract, they might be forced to keep you to the end of the contract.
(if they have no prove, but only a statement from one person, you might have a good position)
if the matter was too serious for that person(XYZ) then instead of filing a complaint to police why that person(XYZ) called our company
Calling the company seems the logical thing to do first.
It sounds conspiracy to me
If you p****d some one off lately, he might have used XYZ to get back at you.



Re: need suggestion regarding layoff

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CatNip
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Re: need suggestion regarding layoff

Post by CatNip » Tue Feb 01, 2011 7:48 am

Hi,
Are you a member of any union? If yes, contact your union immediately. You can also contact the shop steward of the Citymarket in question and let her/him know about the case. Kesko Oyj might also be interested in what kind of subcontracting companies Citymarket is using (to my understating you were not employed by Citymarket or Kesko), http://www.kesko.fi/en/Company/

Perhaps you could contact the local ELY-office (employment office) in case you are not a member of a union.
Justification of the termination does not sound legal, just don’t leave the company out of the hook.
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Rip
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Re: need suggestion regarding layoff

Post by Rip » Tue Feb 01, 2011 1:41 pm

roger_roger wrote:I shall not go to work this week. Today I again received a call and was fired from the job, they declined to issue the cause because I was in temporary contract for 4 months.
If you're union member, by all means contact them. Otherwise, did you have contract with no specified minimum working hours or how did this work? Not renewing a temporary contract is very easy while terminating it with immediate effect and without prior warning requires quite solid grounds.

Geezus
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Re: need suggestion regarding layoff

Post by Geezus » Tue Feb 01, 2011 2:05 pm

MOFOs are now firing people for prank calls? I'm sorry for your job. I find this situation completely stupid. You should seek your rights. He has no right to break the 4 months contract without a proven accusation.

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Mölkky-Fan
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Re: need suggestion regarding layoff

Post by Mölkky-Fan » Tue Feb 01, 2011 2:23 pm

I am not taking any sides here as I do not know the facts, but the type of contract is quite important.

If the contract was a normal work contract then during the first 4 months you can fire someone (or the employee can leave) without any reason. It sounds a bit like this to me...
With sufficient thrust, pigs fly just fine.

Rick1

Re: need suggestion regarding layoff

Post by Rick1 » Tue Feb 01, 2011 2:35 pm

Yes it is difficult to read if it was in the first four months.

Upphew
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Re: need suggestion regarding layoff

Post by Upphew » Tue Feb 01, 2011 3:32 pm

Mölkky-Fan wrote:I am not taking any sides here as I do not know the facts, but the type of contract is quite important.

If the contract was a normal work contract then during the first 4 months you can fire someone (or the employee can leave) without any reason. It sounds a bit like this to me...
Then it is better to not give any reason at all(other than trial period). If you give unacceptable reason -> problems. Thus it is ok to inform employee that s/he is fired, not so to inform that fired 'cause gay.
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Rick1

Re: need suggestion regarding layoff

Post by Rick1 » Tue Feb 01, 2011 3:38 pm

That is only a difference of 80.000 euro :wink: , smart people work at Alma media.

Rip
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Re: need suggestion regarding layoff

Post by Rip » Tue Feb 01, 2011 3:51 pm

Rick1 wrote:That is only a difference of 80.000 euro :wink: , smart people work at Alma media.
And media savvy.
Back to the OP. OK, I guess I misunderstood, in case you did not have a temporary (fixed term) contract for 4 months, but had a probation period of four months, then probably there isn't much you can do about the situation.

jessesuomi
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Re: need suggestion regarding layoff

Post by jessesuomi » Tue Feb 01, 2011 9:59 pm

Keep in mind with any contract, temporary or not, the trial period can not be more than half the length of the contract. So if you had a contract of 4 months, they can only have 2 of those be trial period. And in normal full time contracts, the most a trial period can be is 4 months as long as the employment is 8 months or more in length.
Also if you had work posted on the shift list and you feel that you had a good reason to fight it, you may get something in return for illegal termination, but only if you could prove that the termination was somehow against you as a person maybe based on being a foreigner. Since your contract says 0-37.5 hours a week (which they cant do btw) if you were to win a case they would look at both how much you did work, how much the schedule said you were going to work and then average those to create what you could have been compensated for.
However, although it is difficult during trial period, if you feel the termination was immigrant related.... you could have something. But keep in mind it would be very hard. Very hard.

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rinso
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Re: need suggestion regarding layoff

Post by rinso » Wed Feb 02, 2011 8:00 am

The contract also mentions that employee can leave within four months without any reasons and without prior notice, same applies to the employer to fire the employee.... But they used to give the printed work schedule of every week in advance, and I had work in that week....
I agree you have very little ammunition for a claim.
If they were somehow not completely pleased with you, the phone call could have triggered to process.

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Mölkky-Fan
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Re: need suggestion regarding layoff

Post by Mölkky-Fan » Wed Feb 02, 2011 8:55 am

Upphew wrote:
Mölkky-Fan wrote:I am not taking any sides here as I do not know the facts, but the type of contract is quite important.

If the contract was a normal work contract then during the first 4 months you can fire someone (or the employee can leave) without any reason. It sounds a bit like this to me...
Then it is better to not give any reason at all(other than trial period). If you give unacceptable reason -> problems. Thus it is ok to inform employee that s/he is fired, not so to inform that fired 'cause gay.
Absolutely, the HR department clearly gave instructions not to give a reason for the termination.
Today I again received a call and was fired from the job, they declined to issue the cause because I was in temporary contract for 4 months.
It appears that the supervisor mentioning the phone call was a mistake on their behalf... but I am not sure that he has a legal right to claim anything unless he can prove that the phone call was the reason for dismissal and that it was not him that made the call and that that is an illegal reason for dismissal. I think that you would fight an uphill battle, and for a limited payout at the end.I suggest you move on and put your efforts into finding a better job.
With sufficient thrust, pigs fly just fine.


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