Forced into holidays....

[Jazqas]

So, I have a full time contract (111 hours/3 weeks), but my workplace is closed for a couple of months over summer. I have been given some work in other places (same company), however there are two weeks where I have not been given work yet.

My boss has sent to me a form('lomautustodistus'), basically asking me to authorize 'holidays' for those two weeks, and then I don't get paid.

Do I have to sign this form? What happens if I don't? My boss told me not to worry, they will find me work, just to sign the form. If I sign the form, why do they need to look for work for me? I want to work, I don't want to sit at home for two weeks without pay because I signed something I shouldn't have.

Jazqas.

[Rip]

The relevant legislation:


http://www.finlex.fi/fi/laki/kaannokset ... 010055.pdf

Chapter 5
Lay-offs

Section 1
Definition of lay-off
Laying off means temporary interruption of work and remuneration on the basis of an employer decision or an agreement made on the employer's initiative, while the employment relationship continues in other respects. If the conditions laid down in section 2 are met, the employer is entitled to lay off employees either for a fixed period or indefinitely by interrupting the work completely or by reducing an employee's regular working hours prescribed by law or contract to the extent necessary in view of the grounds for laying off the employee.
Under restrictions arising from section 6, employees are entitled to take on other work during the lay-off. Chapter 13, section 5, contains provisions on the use of accommodation benefits during lay-offs.

Section 2
Grounds for lay-offs
The employer is entitled to lay off an employee if
1) the employer has a financial or production-related reason for terminating the employment contract, or
2) the work or the employer's potential for offering work have diminished temporarily and the employer cannot reasonably provide the employee with other suitable work or training corresponding to its needs; the work or the potential for offering work are considered to have diminished temporarily if they can be estimated to last a maximum of 90 days.
Notwithstanding what is provided in paragraph 1 and in section 4 of this chapter, the employer and the employee may, during the employment relationship, agree on a lay-off for a fixed period if this is needed in view of the employer's operations or financial standing.
The employer is entitled to lay off an employee in a fixed-term employment relationship only if the employee is working as a substitute for a permanent employee and if the employer would be entitled to lay off the permanent employee if the permanent employee were working.
The employer is not entitled to lay off a shop steward elected on the basis of a collective agreement or an elected representative referred to in chapter 13, section 3, except on the grounds laid down in chapter 7, section 10, paragraph 2.

Section 3
Advance explanation and hearing the employee
The employer shall, on the basis of information available to it, present the employee with an advance explanation of the grounds for the lay-off, and its estimated extent, implementation, commencement and duration. If the lay-off concerns a number of employees, the explanation may be given to the employees' representative or the employees jointly. The explanation shall be presented without delay as soon as the employer becomes aware of the need for lay-offs.
After presentation of the explanation but before the lay-off notice, the employer shall reserve the employees or their representative an opportunity to be heard concerning the explanation given.
It is not necessary to present an advance explanation if the employer is required under another act, agreement or other provision binding the employer to present a corresponding explanation or negotiate on the lay-offs with the employees or their representative.

Section 4
Lay-off notice
The employer shall notify employees of a lay-off in person a minimum of 14 days before the lay-off begins. If the notice cannot be given in person, it can be given by letter or electronically with the same minimum notice period. The notice shall include the grounds for lay-off, the date of commencement and the duration or estimated duration of the lay-off.
The obligation to give such notice does not exist if the employer is for the entire lay-off period on account of other absence from work free from the duty to pay the employee remuneration.
The representative of employees to be laid off shall be informed of the notice. If the lay-off concerns at least 10 employees, the employer shall also inform the employment authority unless the employer is under a similar obligation on the basis of another act.

Section 5
Lay-off certificate
At the employee's request, the employer shall provide a written lay-off certificate giving at least the reason for the lay-off, the date of commencement, and the duration or estimated duration of the lay-off.

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.
Employees are entitled to terminate an employment contract made with another employer for the lay-off period, regardless of its duration, at five days' notice.

Section 7
Termination of the employment relationship of a laid-off employee
During a lay-off, employees are entitled to terminate their employment contract without notice regardless of its duration. If the date when the lay-off ends is known by the employee, this right shall not apply for seven days preceding the end of the lay-off period.
If the employer terminates a laid-off employee's employment contract by giving notice so that the contract ends during the lay-off, the employee is entitled to pay for the period of notice. The employer may deduct a pay sum due for 14 days from the pay for the notice period if the employee has been laid off using a law- or contract-based lay-off notification period of more than 14 days.
Employees who terminate their employment contract after the lay-off has lasted continuously for a minimum of 200 days are entitled to their pay for the notice period as compensation, as provided in paragraph 2.

[Mook]

you'll get money from your employment fund (if you have).

[CatNip]

This is a temporary layoff, not holiday. If you employer has followed up the legal process, you must sign the document. The document should indicate that you have been notified about the layoff. If you have any doubts, contact your shop steward or employee presentative at your work place. Also employemnt office (ELY-toimisto) is able to advise you.

If you have KELA card in Finland, you should register yourself at the employment office with the layoff notification.

[Rip]

one piece of the earlier quoted legal text:

The employer is entitled to lay off an employee in a fixed-term employment relationship only if the employee is working as a substitute for a permanent employee and if the employer would be entitled to lay off the permanent employee if the permanent employee were working.

[jahasjahas]

one piece of the earlier quoted legal text:

The employer is entitled to lay off an employee in a fixed-term employment relationship only if the employee is working as a substitute for a permanent employee and if the employer would be entitled to lay off the permanent employee if the permanent employee were working.

But where did Jazqas say he/she has a fixed-term employment relationship?

[Jazqas]

one piece of the earlier quoted legal text:

The employer is entitled to lay off an employee in a fixed-term employment relationship only if the employee is working as a substitute for a permanent employee and if the employer would be entitled to lay off the permanent employee if the permanent employee were working.

But where did Jazqas say he/she has a fixed-term employment relationship?

Thanks Rip, but I'm the permanent one. Guess I have to sign and send this back and hope for the best.

you'll get money from your employment fund (if you have).

Yeah... ummm.... I'll look into that for next time....

Thanks everyone for the answers!

Jazqas.

[Rip]

But where did Jazqas say he/she has a fixed-term employment relationship?

My mistake.

Yeah... ummm.... I'll look into that for next time....

The unemployment fund thing is the only insurance deal where on average people get paid more than what they put into it (because part of the funding comes from other sources), so I'd recommend it to anybody who is less than 100% sure of their future continuous employment.

You can probably (depends on your work history) still get some money from Kela as "basic unemployment allowance", you need to register at the unemployment office as a job seeker first (can be done earlier, but in any case no later than the first day of your unpaid leave): http://www.kela.fi/in/internet/english. ... enDocument