2 Questions about employment law ?

[betelgeuse]

I just wanna let you know that I just had a call with the union's lawyer and he literally confirmed that notice period articles onto contract apply and become effective ONLY after the trial/probation period has elapsed.

From a practical perspective of the employee terminating, yes because it's hard for the employer to prove inappropriate grounds. However, when employer terminates it certainly matters. Termination due to economic reasons, must be done with notice. This enables the employee to be faster eligible for unemployment benefits. Depending on the situations of trial period cancellation, quarantine is possible.

"Jos työntekijä tai työnantaja on purkanut työsopimuksen koeajalla ja työntekijä hakee työttömyysturvaa, TE-toimisto käytännössä pyytää työntekijältä tarkempaa selvitystä työsopimuksen päättymissyistä. Sen jälkeen TE-toimisto arvioi työvoimapoliittisessa lausunnossaan, onko työntekijälle määrättävä karenssia vai ei."

https://lehti.tek.fi/lakitieto/koeaika-tyosuhteessa

He has also confirmed that termination of an employment during the trial/probation period can be done by either party on the same day/minute - The ONLY condition here is that there shouldn't be any inappropriate/discriminatory grounds to terminate that employment. NO notice period applies ever during trial/probation period.

I disagree. How do you terminate the employment when the grounds are inappropriate for the trial period then?

[Rip]

He has also confirmed that termination of an employment during the trial/probation period can be done by either party on the same day/minute - The ONLY condition here is that there shouldn't be any inappropriate/discriminatory grounds to terminate that employment.

That is the condition for terminating a contract applying the trial period clause. Nobody ever claimed otherwise.

NO notice period applies ever during trial/probation period.

So if an employee gets a better salary offer during the trial period he both can't legally terminate the contract (inappropriate grounds apparently) but is also unable to give a notice? No, I don't think you got that right.

Key point: The employer is not supposed to discriminate or apply inappropriate grounds in any case. The employee is free to give any time notice from what ever reason he wants, but if he wants to apply the trial period rule for immediate termination even he is (in principle at least, even if practice the problem would be rare) subject to the "not inappropriate" standard.

[cors187]

i bet the op is confused.


The essence of marking a trail period time frame in a contract is to protect employee and employer from random cancellation.

Your both trailing each other and need to be very respectful of this period.

Generally speaking, in the trail period the contract must be mutually cancelled.

The best way out of a trail period is to front up and say you want out.
After the trail period an employer/employee can simply give notice and it ends so simply.

[cors187]

Contract advice suggests that if your a young fresh face and its your first job, then a 4 month trail period is a great honor.

[cors187]

Hello Forum

I have two questions about employment law, and they are:

1) During the trial/probation period in the first four months, Is the employee allowed to terminate his/her employment with the employer and leave at least give a short notice of a couple of days as a professional manners? Or, Is the employee obligated to give the full notice period as stated on the contract (I thought this article becomes effective only after the trial/probation period has passed)?

2) Assuming that an employee has terminated his/her employment during the trial/probation period in the first four months, Is this employee legally eligible/entitle to certificate of employment for those dew months he has worked for that employer?

3) Any inputs or advice regarding these matters? Please, Share !

The company knew your a ship jumper so they gave you a 4 month trail period . They may aswell make some money from you before you use them to your own advantage.

[cors187]

Another example, if you signed a fixed term contract with a trail period marked and you want to back out in the trail period
Im pretty happy that you should pay some compensation to the employer. Thats how much of a slap in the face it is.

[betelgeuse]

i
The essence of marking a trail period time frame in a contract is to protect employee and employer from random cancellation.

Your both trailing each other and need to be very respectful of this period.

Generally speaking, in the trail period the contract must be mutually cancelled.

The best way out of a trail period is to front up and say you want out.
After the trail period an employer/employee can simply give notice and it ends so simply.

I assume you meant trail --> trial. Even with that change I have no clue what you are talking about. If anything, a trial period enables "random" cancellation and it does not require mutual agreement.

[cors187]

i
The essence of marking a trail period time frame in a contract is to protect employee and employer from random cancellation.

Your both trailing each other and need to be very respectful of this period.

Generally speaking, in the trail period the contract must be mutually cancelled.

The best way out of a trail period is to front up and say you want out.
After the trail period an employer/employee can simply give notice and it ends so simply.

I assume you meant trail --> trial. Even with that change I have no clue what you are talking about. If anything, a trial period enables "random" cancellation and it does not require mutual agreement.

Actually had something else on my mind altogether
Something better and more noble than the !"#¤% existence and butchery of words that finland produces in its contract laws.