Quitting a fixed-term contract

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Adrian42
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Re: Quitting a fixed-term contract

Post by Adrian42 » Mon Sep 09, 2013 10:42 am

Brent wrote:
Adrian42 wrote: When I quote a law or applicable official website, I usually cite exactly the relevant text.
And others here do the same.

And one sees a clear difference in the competences between people who base their opinions on because of EU law (most of the time what they say is wrong) and people who cite official websites or the relevant section of an applicable law.

When I don't have a clue, I just keep my mouth shut or refer the person asking to a place where proper advice is available.
Even though you are a moderator of this forum..Who gives a damn what you do and how you do it? Should you require people to do the same way as you? Perhaps the moderator status has gone over your brain?

This is not a free legal service forum. This forum is to share opinion, advice and more. Stop behaving like an a**hole and act like a mod as you has been given the role to.
It is important to not have the useful advice buried between tons of useless advice from people who don't have any clue at all.

Imagine someone has a headache after falling on his head, and when asking for advice on an internet forum someone would advice him to take an Aspirin.
It is clear that an Aspirin can kill in such a situation.
What would you say if the person died after that? No problem, this is not a free medical service forum., or You are responsible for the death of a person.?



Re: Quitting a fixed-term contract

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Pursuivant
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Re: Quitting a fixed-term contract

Post by Pursuivant » Mon Sep 09, 2013 11:42 am

The problem with this case is the law is more written from the POV that the employer wishes to sack the employee rather than the other way around, and the fixed-term contracts being somewhat of an anomaly. The discrimination clause doesn't really cover "hostile workplace" as in UK let alone USA.
"By the pricking of my thumbs,
Something wicked this way comes."

Adrian42
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Joined: Thu Mar 22, 2012 11:13 pm

Re: Quitting a fixed-term contract

Post by Adrian42 » Mon Sep 09, 2013 12:10 pm

Pursuivant wrote:The problem with this case is the law is more written from the POV that the employer wishes to sack the employee rather than the other way around, and the fixed-term contracts being somewhat of an anomaly.
For non-fixed-term contracts the law does actually specify the default notice period for the employee and sets an exact penalty when the employee quits without observing the notice period.

The main problem is that fixed-term employments are not supposed to be terminated before the end, so there is no normal way of getting out of them (unless the fixed term is over 5 years, but that doesn't apply here).

Brent
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Re: Quitting a fixed-term contract

Post by Brent » Mon Sep 09, 2013 1:12 pm

Tiwaz wrote:
Brent wrote: Dangerous? Who in the world just blindly listen to some random peoples' advice without further investigating more? Perhaps you.. Oh well, this really says it all about your intelligency. Just take my word for it!
Your word is worth as much as your assistance. Nothing.

Have you read ANY of the material you linked? No? Then how the @#$% you have ANY idea if there is anything that would apply to case of OP?
Oh you don't? But give vague guess that there might be, trying to force OP to go through page upon page of legalese trying to guess if you knew something useful or not and if you did, whether it is this or that part which might fit the bill.
Even though you are a moderator of this forum..Who gives a damn what you do and how you do it? Should you require people to do the same way as you? Perhaps the moderator status has gone over your brain?

This is not a free legal service forum. This forum is to share opinion, advice and more. Stop behaving like an a**hole and act like a mod as you has been given the role to.
You only offered a @#$% website without any more precise point.
It is barely more useful than simply saying "Google it".
What is your input in this threat other than getting you tongue brown?

You are probably right about Finlex is a @#$% website. I don't even dare to ask if you have visit the website let alone know what organization runs it.

Upphew
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Re: Quitting a fixed-term contract

Post by Upphew » Mon Sep 09, 2013 4:59 pm

Brent wrote:what organization runs it.
http://oikeusministerio.fi/en/index.html
http://google.com http://translate.google.com http://urbandictionary.com
Visa is for visiting, Residence Permit for residing.

Brent
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Re: Quitting a fixed-term contract

Post by Brent » Mon Sep 09, 2013 6:05 pm

I know that buddy, just being sarcastic. ;)

cors187
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Re: Quitting a fixed-term contract

Post by cors187 » Mon Sep 09, 2013 10:26 pm

kcl wrote:Thanks for your advice.

On Friday, I was publicly humiliated at a meeting in front of the visting VIPS (as a joke but at my expense and presenting me in a very unprofessional light for the sake of a few laughs). If I wasn't so overworked and under appreciated, I guess I could shrugged it off as poor taste, but instead I left the meeting feeling entirely deflated, went straight to my doctor, and was immediately given one week sick leave.

With this and my need for ongoing treatment since the springtime, I guess an agreement for termination of the contract on health grounds would be worth a try.

It's not in my nature to slack off so I'm not sure if trying to get fired would be an option for me, but your suggestion anyhow made me smile.

Thanks :)
Chapter 6
General provisions on the termin
ation of an employment contract
Section 1
Fixed-term contracts
Fixed-term
employment
contracts are terminated
without giving notice at the end of the fixed period or on completion of the agreed work.
Ask the head guy for a revision of the contracts agreed work because you believe you are not being given the agreed work.

Adrian42
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Joined: Thu Mar 22, 2012 11:13 pm

Re: Quitting a fixed-term contract

Post by Adrian42 » Mon Sep 09, 2013 11:02 pm

cors187 wrote:
kcl wrote:Thanks for your advice.

On Friday, I was publicly humiliated at a meeting in front of the visting VIPS (as a joke but at my expense and presenting me in a very unprofessional light for the sake of a few laughs). If I wasn't so overworked and under appreciated, I guess I could shrugged it off as poor taste, but instead I left the meeting feeling entirely deflated, went straight to my doctor, and was immediately given one week sick leave.

With this and my need for ongoing treatment since the springtime, I guess an agreement for termination of the contract on health grounds would be worth a try.

It's not in my nature to slack off so I'm not sure if trying to get fired would be an option for me, but your suggestion anyhow made me smile.

Thanks :)
Chapter 6
General provisions on the termin
ation of an employment contract
Section 1
Fixed-term contracts
Fixed-term
employment
contracts are terminated
without giving notice at the end of the fixed period or on completion of the agreed work.
Ask the head guy for a revision of the contracts agreed work because you believe you are not being given the agreed work.
No, that wouldn't make any sense at all.

That would only make sense if there was not an end-date for the fixed term in the contract.

A fixed-term contract can be either for 4 years or until completion of something.
The completion of the agreed work part is for the latter case, but the contract of the OP is for the former case.

cors187
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Re: Quitting a fixed-term contract

Post by cors187 » Mon Sep 09, 2013 11:48 pm

yes its sensible to begin the attack with(this work was not agreed) of the contract so that a mutual cancellation can take effect.

OP writes
due to high stress, lack of recognition, negative work environment, etc.
No one signs a fixed (time) contract and neglects the duties offered.
The employment duties offered may be in writing or may be verbally offered.

A fixed term contract that does not contain the agreed employment duties can have these items included.

Current work does not include-
-recognition of works.
-procurement of works inducing positive work environment

Its not the agreed work.

Adrian42
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Re: Quitting a fixed-term contract

Post by Adrian42 » Tue Sep 10, 2013 12:28 am

cors187 wrote:yes its sensible to begin the attack with(this work was not agreed) of the contract so that a mutual cancellation can take effect.
Nonsense, as I already explained to you the completion of the agreed work you quoted does not apply here at all since a fixed period is specified in the contract.

And it would anyway be highly dangerous of the OP would listen to your its sensible to begin since you are not a lawyer, and any wrong move of the OP might reduce whatever chances he has to get out of his contract.

The OP might later regret if he would in his situation listen to suggestions from random people on the internet like you who might even have fun in suggesting nonsense.

The only reasonable option for the OP is to get a lawyer as soon as possible.

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kcl
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Re: Quitting a fixed-term contract

Post by kcl » Tue Sep 10, 2013 9:19 am

Thanks everyone for the replies and lively discussion.

I am taking the advice to discuss my options with a lawyer. It would have been great to connect with someone out there who has been in my shoes, but maybe this is a rare situation or too personal topic to swap stories on...

It's been interesting to read the comments, too! I guess different people see things differently and have different expectations of this forum. I'm personally not bothered at all by more general advice that was given out. I think it's the responsibility of the OP to take comments at face value. It's an open forum afterall, so you can expect to get all kinds of comments, some more helpful than others, but I think the fact that someone took the time to offer their advice anyhow deserves respect.

Thanks again!

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rinso
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Re: Quitting a fixed-term contract

Post by rinso » Tue Sep 10, 2013 11:07 am

I'm personally not bothered at all by more general advice that was given out. I think it's the responsibility of the OP to take comments at face value. It's an open forum afterall, so you can expect to get all kinds of comments, some more helpful than others, but I think the fact that someone took the time to offer their advice anyhow deserves respect.
:thumbsup:

CH
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Location: Espoo

Re: Quitting a fixed-term contract

Post by CH » Tue Sep 10, 2013 11:16 am

kcl wrote: It's been interesting to read the comments, too! I guess different people see things differently and have different expectations of this forum. I'm personally not bothered at all by more general advice that was given out. I think it's the responsibility of the OP to take comments at face value. It's an open forum afterall, so you can expect to get all kinds of comments, some more helpful than others, but I think the fact that someone took the time to offer their advice anyhow deserves respect.!
:shock: Can... can we keep him/her??? And I want to clone you to every single forum I read!!!

Not so much on this forum, but I don't know on how many others there are loads of people who ask a question and then when people actually give answers from their points of view the OP gets totally offended that not all answers were kissing OP:s ass and answering in the way OP wanted the answers to go. Which drives me absolutely nuts, as why ask if one doesn't want answers? Not to mention, like you said, disrespectful to everybody who took time to think and write out a (hopefully) thoughtful reply.

Thank you so much for the above, it totally made my day!!!

Brent
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Re: Quitting a fixed-term contract

Post by Brent » Tue Sep 10, 2013 11:17 am

OP, on what basis were the fixed-term contract made with you?

In Finland, any fixed-term employment without a valid basis are considered to be a permanent employment.

cors187
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Re: Quitting a fixed-term contract

Post by cors187 » Wed Sep 11, 2013 9:39 pm

Adrian42 wrote:
Nonsense, as I already explained to you the completion of the agreed work you quoted does not apply here at all since a fixed period is specified in the contract.
You dont adhere to any contract if the basis of work is not what you expected.The agreed work denotes that the work itself is as much the contract as the time frame.


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