Holiday pay in old job while working in new job

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lksj02
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Holiday pay in old job while working in new job

Post by lksj02 » Tue Apr 28, 2015 2:18 pm

I will join a new company from 1st June. However, I have 20-30 holidays in present job. Can I give resignation by mentioning termination date as 31st June and start working in the new job? In this case, I will be paid by two companies for a month. Is this legal.? Please show me the act that mention these details. HR is trying to avoid this by saying it is not possible. In that case, I will lose my holidays. :(



Holiday pay in old job while working in new job

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lksj02
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Re: Holiday pay in old job while working in new job

Post by lksj02 » Wed Apr 29, 2015 2:47 pm

Any ideas on this..

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Beep_Boop
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Re: Holiday pay in old job while working in new job

Post by Beep_Boop » Wed Apr 29, 2015 2:53 pm

I was in the same situation recently. I gave my 2-week notice and left normally. I lost my vacation days, but I got the vacation bonus for those days. So, I assume that's the standard.
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Rip
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Re: Holiday pay in old job while working in new job

Post by Rip » Wed Apr 29, 2015 3:01 pm

adnan wrote:I was in the same situation recently. I gave my 2-week notice and left normally. I lost my vacation days, but I got the vacation bonus for those days. So, I assume that's the standard.
You should have been paid "lomakorvaus", money to compensate earned but never spent vacation days. The holiday bonus ("lomaraha") on the other hand I think depends on TES.

lksj02
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Re: Holiday pay in old job while working in new job

Post by lksj02 » Wed Apr 29, 2015 3:42 pm

adnan wrote:I was in the same situation recently. I gave my 2-week notice and left normally. I lost my vacation days, but I got the vacation bonus for those days. So, I assume that's the standard.
In my case, I am a researcher in 1600hr working contract per year. HR says that we do not have official holidays. However, with daily 7.25 hr reporting, we normally have 30 days holidays per year. We also have summer holiday payment, which we can not take as holidays. I have not taken my holidays for last 1.5 years.

Only possibility is taking holidays from 1st of June and join the new job at the same time. I can mention my resignation date as 31st June for current job. I will get two salaries for June. Is this legal.? I do not have other option to claim my holidays.

lksj02
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Re: Holiday pay in old job while working in new job

Post by lksj02 » Wed Apr 29, 2015 3:43 pm

Rip wrote:
adnan wrote:I was in the same situation recently. I gave my 2-week notice and left normally. I lost my vacation days, but I got the vacation bonus for those days. So, I assume that's the standard.
You should have been paid "lomakorvaus", money to compensate earned but never spent vacation days. The holiday bonus ("lomaraha") on the other hand I think depends on TES.
In my case, I am a researcher in 1600hr working contract per year. HR says that we do not have official holidays. However, with daily 7.25 hr reporting, we normally have 30 days holidays per year. We also have summer holiday payment, which we can not take as holidays. I have not taken my holidays for last 1.5 years.

Only possibility is taking holidays from 1st of June and join the new job at the same time. I can mention my resignation date as 31st June for current job. I will get two salaries for June. Is this legal.? I do not have other option to claim my holidays.

Upphew
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Re: Holiday pay in old job while working in new job

Post by Upphew » Fri May 01, 2015 1:32 am

lksj02 wrote:I will join a new company from 1st June. However, I have 20-30 holidays in present job. Can I give resignation by mentioning termination date as 31st June and start working in the new job? In this case, I will be paid by two companies for a month. Is this legal.? Please show me the act that mention these details. HR is trying to avoid this by saying it is not possible. In that case, I will lose my holidays. :(
Lose? Either you get to take you vacation or they are paid to you. Section 17 http://www.finlex.fi/en/laki/kaannokset ... 050162.pdf
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betelgeuse
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Re: Holiday pay in old job while working in new job

Post by betelgeuse » Fri May 01, 2015 12:08 pm

lksj02 wrote: Only possibility is taking holidays from 1st of June and join the new job at the same time. I can mention my resignation date as 31st June for current job. I will get two salaries for June. Is this legal.? I do not have other option to claim my holidays.
It's not allowed if the two employers are in competition with each other:

https://www.finlex.fi/fi/laki/ajantasa/ ... 10055#L3P3

Otherwise it's allowed:

http://ao707.tehy.fi/edunvalvonta/kysy- ... 24=2127729

A university as a big employer (I know this is the case for Aalto) probably has a policy that you are required to notify them of "side activities".

lksj02
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Re: Holiday pay in old job while working in new job

Post by lksj02 » Fri May 01, 2015 11:50 pm

betelgeuse wrote: It's not allowed if the two employers are in competition with each other:

https://www.finlex.fi/fi/laki/ajantasa/ ... 10055#L3P3

Otherwise it's allowed:

http://ao707.tehy.fi/edunvalvonta/kysy- ... 24=2127729

A university as a big employer (I know this is the case for Aalto) probably has a policy that you are required to notify them of "side activities".
Thank you for reply.
Is a finland university and nokia (same research area) are competitors.? I hope not. In that case it is possible.
What you mean by side activities. ?
Please let me know.

lksj02
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Re: Holiday pay in old job while working in new job

Post by lksj02 » Fri May 01, 2015 11:51 pm

roger_roger wrote:
lksj02 wrote:I am a researcher in 1600hr working contract per year.
But the holiday is normal count. If you have acquired 1 month holiday in total then tell in your old job that you are going for 15 days vacation from 1st june, send the resignation letter on 15th of june stating the notice period be compromised for the remaining holidays. You'll get paid for whole June and bloody yes double salary from both place.
lksj02 wrote: I will get two salaries for June. Is this legal.?
Earning money legally is not illegal in Finland, not paying taxes and surcharges are...
Thank you for reply. Yes. this is a good solution.

betelgeuse
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Re: Holiday pay in old job while working in new job

Post by betelgeuse » Sat May 02, 2015 10:59 am

lksj02 wrote: Thank you for reply.
Is a finland university and nokia (same research area) are competitors.? I hope not.
Likely assuming you are in involved in research in both. You should consult union lawyers with the specifics.
lksj02 wrote: What you mean by side activities. ?
Employment elsewhere, being a member of a board etc.

lksj02
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Re: Holiday pay in old job while working in new job

Post by lksj02 » Fri May 08, 2015 12:21 pm

It seems HR is not flexible with the holiday payments. They argue that I should inform my next employer and take permission from the current employer to have the double salary (during the holiday). I will not go forward with arguments and spoil my new career. For everyone else who is in this 1600 hr working contracts, please do take your holidays. Otherwise, HR will not give you holiday payments at the end of the job.

lksj02
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Re: Holiday pay in old job while working in new job

Post by lksj02 » Mon May 11, 2015 11:20 am

roger_roger wrote:
lksj02 wrote:For everyone else who is in this 1600 hr working contracts, please do take your holidays. Otherwise, HR will not give you holiday payments at the end of the job.
bulsit, everyone is entitled to holiday pay when they don't take holiday. you are exaggerating the situation, if you have doubt contact your Trade Union or Work and Health Safety department and ask for guidance.

But its good to take holiday during the holiday period, or else you get money for non taken holiday.
I called to Work and Health Safety department, and they directed me to an Inspector. He said that I can not work in the new job, If I am on holiday in the current job. I will have to resign and start work in the new job. He also said that holiday payments will depend on the working contract. He asked me to discuss that with HR, which I already did. They will not pay for not taken holidays. Whatever we argue, that what we get.
Thank you for all the responses.

Upphew
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Re: Holiday pay in old job while working in new job

Post by Upphew » Mon May 11, 2015 2:24 pm

lksj02 wrote:
roger_roger wrote:
lksj02 wrote:For everyone else who is in this 1600 hr working contracts, please do take your holidays. Otherwise, HR will not give you holiday payments at the end of the job.
bulsit, everyone is entitled to holiday pay when they don't take holiday. you are exaggerating the situation, if you have doubt contact your Trade Union or Work and Health Safety department and ask for guidance.

But its good to take holiday during the holiday period, or else you get money for non taken holiday.
I called to Work and Health Safety department, and they directed me to an Inspector. He said that I can not work in the new job, If I am on holiday in the current job. I will have to resign and start work in the new job. He also said that holiday payments will depend on the working contract. He asked me to discuss that with HR, which I already did. They will not pay for not taken holidays. Whatever we argue, that what we get.
Thank you for all the responses.
I just can't see how you would not get paid for holidays that you have not taken. It is spelled quite clearly that you will be paid any and all vacation days that you have not taken before the end of your contract: https://www.finlex.fi/data/tes/stes4082 ... to1404.pdf
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