Lomautus

[Shangri-La]

A friend of mine is asking what he should do with this case:

He was told to have 3 months "vacation" by his employer. Today is the ending day and he didn't received any information from his employer whether he should go back to work or continue his "vacation". According to the Employment Contracts Act made by Ministry of Employment and the Economy Finland:

Section 6
Returning to work after lay-off
If an employee has been laid off indefinitely, the employer shall notify the employee of resumption of work at least seven days in advance unless otherwise agreed.

Below is in Finnish:

Työn alkamisesta ilmoittaminen
Jos lomauttaminen on tapahtunut toistaiseksi, työnantajan on ilmoitettava työn alkamisesta vähintään viikkoa ennen, jollei toisin ole sovittu.

Since his employer doesn't say anything, shall he return to work next Monday?
If his employer would tell him next Monday that his "vacation" is continued, is this breaking the Finnish law?
By the way, does any one here know by Finnish law, what is the maximum forced vacation would be in employment relationship?

Any information would be appreciated!

[Karhunkoski]

Is your friend in a union?

[Upphew]

3 months indefinitely does not make. There is no maximum time specified for indefinite layoff, the 90 days is maximum for a definite period.

[Rip]

Three months is three months (a fixed period of specific length). As neither party has apparently informed later about anything else, your friend should go to work and his employer should let him resume his job.

[Enersense]

If the lay-off was stated to be 3 months, and within these 3 months the employer didn't extend it, your friend should go back to work. In this case the lay-off on ends on the last lay-off day and the work resumes the next day. If you are not sure what to do in this case, contact Työsuojeluhallinto: http://www.tyosuojelu.fi/fi/

http://www.tyosuojelu.fi/fi/lomauttaminen/55 - here you have everything about the lay-off in a pill ( In Finnish though)
They also state that the employer needs to inform the employee about coming back to work, IF the lay-off was permanent (over 90 days)


BR,
Sylwia