Common use of Security of Employment Clause in Contracts

Security of Employment. 65.1 In the event that workers with the company are dismissed or laid off for finance- or production-related reasons, such measures must not affect the chief shop xxxxxxx or the occupational safety and health representative unless the operations of the relevant production unit are discontinued entirely. This provision shall not apply if it is jointly established with the chief shop xxxxxxx or occupational safety or health representative that no work can be offered thereto that corresponds to that employee’s vocation or is otherwise suitable for him or her. 65.2 The employment contract of another shop xxxxxxx than the chief shop xxxxxxx may be terminated, or the shop xxxxxxx may be laid off, in accordance with Chapter 7, Section 10(2) of the Employment Contracts Act only when the work ceases entirely and the employer is unable to arrange work for the shop xxxxxxx that corresponds to that employee’s vocational skills or is otherwise suitable for him or her and is unable to train the employee for other duties in the manner referred to in Chapter 7, Section 4 of the Employment Contracts Act. 65.3 The employment contract of a shop xxxxxxx or an occupational safety and health representative must not be terminated for reasons due to the shop xxxxxxx or the occupational safety and health representative without the consent of a majority of the employees whom said shop xxxxxxx or occupational safety and health representative represents, as is required by Chapter 7, Section 10(1) of the Employment Contracts Act. 65.4 The employment contract of a shop xxxxxxx or an occupational safety and health representative must not be cancelled in a manner contrary to the provisions of Chapter 8, sections 1–3 of the Employment Contracts Act. Cancellation of an employment contract on the grounds that a shop xxxxxxx or an occupational safety and health representative has infringed administrative rules shall not be possible unless that employee has also repeatedly or substantially failed to perform his or her work obligations, despite having been cautioned in this regard. 65.4.1 If the employer terminates the employment contract of the deputy chief shop xxxxxxx or the first deputy of the occupational safety and health representative or lays off said employee at a time when the employee is not deputising for the chief shop xxxxxxx or the occupational safety and health representative or does not otherwise enjoy the status of a shop xxxxxxx or an occupational safety and health representative, the termination or layoff shall be deemed due to the employee’s duties of chief shop xxxxxxx or occupational safety and health representative, unless the employer can prove that it had some other reason. 65.5 The foregoing terms on security of employment shall also apply to a duly nominated candidate for the position of chief shop xxxxxxx whose candidature has been reported in writing to the employer and to a candidate for the position of occupational safety and health representative whose candidature has been reported in writing to an occupational safety and health committee or some corresponding co-operation body.

Appears in 5 contracts

Samples: Collective Agreement, Collective Agreement, Collective Labour Agreement

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Security of Employment. 65.1 In the event that workers with the company are workforce of the enterprise is dismissed or laid off for finance- reasons of finance or production-related reasons, such measures must may not affect the chief a shop xxxxxxx or the occupational safety and health representative labour protection delegate unless the operations of the relevant production unit are entirely discontinued entirelywith respect to the staff group concerned. This provision regulation shall not apply apply, however, if it is jointly established verified with the chief shop xxxxxxx or occupational safety or health representative labour protection delegate that no work can be offered thereto that corresponds to that the said employee’s vocation or is otherwise suitable for him or her. 65.2 the said employee. The employment contract of another shop xxxxxxx than the chief a departmental shop xxxxxxx may be terminated, terminated or the a departmental shop xxxxxxx may be laid off, off in accordance with Chapter chapter 7, Section 10(2) section 10, subsection 2 of the Employment Contracts Act only when the work ceases entirely ends and the employer is unable to arrange work for the shop xxxxxxx that corresponds to that the said employee’s vocational skills or is otherwise suitable for him the said employee, or her and is unable to train retrain the employee for other duties in the manner referred to in Chapter chapter 7, Section section 4 of the Employment Contracts Act. 65.3 The employment contract of a . A shop xxxxxxx, departmental shop xxxxxxx or an occupational safety and health representative must labour protection delegate may not be terminated dismissed for individual reasons due pertaining to the shop xxxxxxx or the occupational safety and health representative said employee without the consent of a majority of the salaried employees whom represented by the said shop xxxxxxx or occupational safety and health representative representselected official, as is required by Chapter chapter 7, Section 10(1) section 10, subsection 1 of the Employment Contracts Act. 65.4 . The employment contract of a shop xxxxxxx, departmental shop xxxxxxx or an occupational safety and health representative must labour protection delegate may not be cancelled rescinded in a manner contrary to the provisions of Chapter laid down in chapter 8, sections 1–3 section 12 of the Employment Contracts Act. Cancellation Rescission of an employment contract on the grounds that a shop xxxxxxx or an occupational safety and health representative the said elected official has infringed administrative rules shall not be possible unless that the said employee has also repeatedly or and substantially failed to perform his or her work obligations, obligations despite having been being cautioned in this regard. 65.4.1 If the employer terminates the employment contract of the deputy chief shop xxxxxxx or the first deputy of the occupational safety and health representative or lays off said employee at a time when the employee is not deputising for the chief shop xxxxxxx or the occupational safety and health representative or does not otherwise enjoy the status of a shop xxxxxxx or an occupational safety and health representative, the termination or layoff shall be deemed due to the employee’s duties of chief shop xxxxxxx or occupational safety and health representative, unless the employer can prove that it had some other reason. 65.5 so doing. The foregoing terms regulations on security of employment shall also apply to a duly nominated candidate for the position of chief shop xxxxxxx whose xxxxxxx, the candidature of whom has been reported notified in writing to the employer employer, and to a candidate for the position of occupational safety and health representative whose labour protection delegate, the candidature of whom has been reported notified in writing to the labour protection commission or to some other corresponding cooperation body. However, protection of candidates shall begin no sooner than three months before the start of the term of office of the shop xxxxxxx or labour protection delegate to be elected, and shall expire with respect to a candidate who is not elected when the outcome of the election has been verified. The regulations on security of employment shall also continue to apply to a salaried employee who has served as a shop xxxxxxx or labour protection delegate for a further period of six months after the said employee’s duties in the said capacity come to an occupational safety end. The status of a shop xxxxxxx and health committee labour protection delegate shall continue as such, notwithstanding assignment of business operations, if the assigned business or some part thereof retains its independence. If a business or part thereof to be assigned loses its independence, then the shop xxxxxxx and labour protection delegate shall be entitled to the subsequent protection referred to in the preceding paragraph as of the end of the term of office arising from the assignment of business operations. If the employment contract of a shop xxxxxxx, departmental shop xxxxxxx or labour protection delegate has been discontinued in a manner contrary to this agreement, then the employer shall pay compensation of no less than 10 months’ and no more than 30 months’ salary to the person concerned. However, in the case of a labour protection delegate, the foregoing compensation shall be no less than four months’ and no more than 24 months’ salary when the total number of employees and salaried employees working regularly at a production plant or corresponding co-operation bodyoperating unit is less than 20. This compensation shall be determined on the same basis as is prescribed in chapter 12, section 2, subsection 2 of the Employment Contracts Act.

Appears in 4 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Security of Employment. 65.1 In the event that workers with the company are workforce of the enterprise is dismissed or laid off for finance- reasons of finance or production-related reasons, such measures must may not affect the chief a shop xxxxxxx or the occupational safety and health representative labour protection delegate unless the operations of the relevant production unit are entirely discontinued entirelywith respect to the staff group concerned. This provision regulation shall not apply apply, however, if it is jointly established verified with the chief shop xxxxxxx or occupational safety or health representative labour protection delegate that no work can be offered thereto that corresponds to that the said employee’s vocation or is otherwise suitable for him or her. 65.2 the said employee. The employment contract of another shop xxxxxxx than the chief a departmental shop xxxxxxx may be terminated, terminated or the a departmental shop xxxxxxx may be laid off, off in accordance with Chapter 7, Section 10(2) paragraph 2 of section 10 of chapter 7 of the Employment Contracts Act only when the work ceases entirely ends and the employer is unable to arrange work for the shop xxxxxxx that corresponds to that the said employee’s vocational skills vocation or is otherwise suitable for him the said employee, or her and is unable to train retrain the employee for other duties in the manner referred to in Chapter 7, Section section 4 of chapter 7 of the Employment Contracts Act. 65.3 The employment contract of a . A shop xxxxxxx, departmental shop xxxxxxx or an occupational safety and health representative must labour protection delegate may not be terminated dismissed for individual reasons due pertaining to the shop xxxxxxx or the occupational safety and health representative said employee without the consent of a majority of the salaried employees whom represented by the said shop xxxxxxx or occupational safety and health representative representselected official, as is required by Chapter 7, Section 10(1) paragraph 1 of section 10 of chapter 7 of the Employment Contracts Act. 65.4 . The employment contract of a shop xxxxxxx, departmental shop xxxxxxx or an occupational safety and health representative must labour protection delegate may not be cancelled rescinded in a manner contrary to the provisions sections 1-2 of Chapter 8, sections 1–3 chapter 8 of the Employment Contracts Act. Cancellation Rescission of an employment contract on the grounds that a shop xxxxxxx or an occupational safety and health representative the said elected official has infringed administrative rules shall not be possible unless that the said employee has also repeatedly or and substantially failed to perform his or her work obligations, working obligations despite having been being cautioned in this regard. 65.4.1 If the employer terminates the employment contract of the deputy chief shop xxxxxxx or the first deputy of the occupational safety and health representative or lays off said employee at a time when the employee is not deputising for the chief shop xxxxxxx or the occupational safety and health representative or does not otherwise enjoy the status of a shop xxxxxxx or an occupational safety and health representative, the termination or layoff shall be deemed due to the employee’s duties of chief shop xxxxxxx or occupational safety and health representative, unless the employer can prove that it had some other reason. 65.5 so doing. The foregoing terms regulations on security of employment shall also apply to a duly nominated candidate for the position of chief shop xxxxxxx whose xxxxxxx, the candidature of whom has been reported notified in writing to the employer employer, and to a candidate for the position of occupational safety and health representative whose labour protection delegate, the candidature of whom has been reported notified in writing to an occupational safety and health committee the labour protection commission or to some other corresponding co-operation body. However, protection of candidates shall begin no sooner than three months before the start of the term of office of the shop xxxxxxx or labour protection delegate to be elected, and shall expire with respect to a candidate who is not elected when the outcome of the election has been verified. The regulations on security of employment shall also continue to apply to a salaried employee who has served as a shop xxxxxxx or labour protection delegate for a further period of six months after the said employee’s duties in the said capacity come to an end. The status of a shop xxxxxxx and labour protection delegate shall continue as such, notwithstanding assignment of business operations, if the assigned business or part thereof retains its independence. If a business or part thereof to be assigned loses its independence, then the shop xxxxxxx and labour protection delegate shall be entitled to the subsequent protection referred to in the preceding paragraph of this agreement as of the end of the term of office arising from the assignment of business operations. If the employment contract of a shop xxxxxxx, departmental shop xxxxxxx or labour protection delegate has been discontinued in a manner contrary to this agreement, then the employer shall pay compensation of no less than 10 months’ and no more than 30 months’ salary to the person concerned. However, in the case of a labour protection delegate the foregoing compensation shall be no less than 4 months’ and no more than 24 months’ salary when the total number of employees and salaried employees working regularly at a production plant or corresponding operating unit is less than 20. This compensation shall be determined on the same basis as is prescribed in paragraph 2 of section 2 of chapter 12 of the Employment Contracts Act.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Security of Employment. 65.1 In If the event that workers with workforce of the company are is dismissed or laid off for finance- financial or production-related production reasons, such measures must may not affect the chief shop xxxxxxx or the occupational safety and health representative unless the operations of the relevant production unit are discontinued entirely. This provision shall not apply if it is jointly established with the chief a shop xxxxxxx or occupational safety delegate unless the op- erations of the production unit are entirely discontinued with respect to the staff group con- cerned. An exception may be made to this provision if it is jointly verified with the shop xxxxxxx or health representative occupational safety delegate that no it is not possible to provide them with work can be offered thereto that corresponds corre- sponds to that employee’s their vocation or is otherwise suitable for him or her. 65.2 The suitable. Section 10, subsection 2 of chapter 7 of the Finnish Employment Contracts Act provides that the employment contract of another shop xxxxxxx than the chief shop xxxxxxx a departmental representative may be terminated, or the shop xxxxxxx may be laid off, in accordance with Chapter 7, Section 10(2) of the Employment Contracts Act terminated only when the work ceases ends entirely and the employer is unable to arrange no other work for the shop xxxxxxx can be arranged that corresponds to that employee’s vocational skills their professional skills. A shop xxxxxxx, departmental representative or is otherwise suitable for him or her and is unable to train the employee for other duties in the manner referred to in Chapter 7, Section 4 of the Employment Contracts Act. 65.3 The employment contract of a shop xxxxxxx or an occupational safety and health representative must delegate may not be terminated dis- missed for reasons due that are attributable to the shop xxxxxxx or the occupational safety and health representative said person without the consent of a majority of the salaried employees whom represented by said shop xxxxxxx or occupational safety and health representative representsperson, as is required by Chapter 7section 10, Section 10(1) subsection 1 of chapter 7 of the Finnish Employment Contracts Act. 65.4 . The employment contract of a shop xxxxxxx xxxxxxx, departmental representative or an occupational safety and health representative must labour protection delegate may not be cancelled annulled in a manner contrary to violation of the provisions of Chapter 8, sections 1–3 section 1 of chapter 8 of the Finnish Employment Contracts Act. Cancellation of an Cancelling the employment contract shall not be possible on the grounds that a shop xxxxxxx or an occupational safety and health representative the person concerned has infringed administrative rules shall not be possible unless that employee said person has also at the same time repeatedly or substantially and significantly, and regardless of warning issued, failed to perform his or her work obligations, despite having been cautioned in this regard. 65.4.1 If the employer terminates the employment contract of the deputy chief shop xxxxxxx or the first deputy of the occupational safety and health representative or lays off said employee at a time when the employee is not deputising for the chief shop xxxxxxx or the occupational safety and health representative or does not otherwise enjoy the status of a shop xxxxxxx or an occupational safety and health representative, the termination or layoff shall be deemed due to the employee’s duties of chief shop xxxxxxx or occupational safety and health representative, unless the employer can prove that it had some other reason. 65.5 The foregoing terms their working duties. These regulations on security of employment shall also apply be applied to a duly nominated candidate for the position posi- tion of chief shop xxxxxxx at the workplace whose candidature candidacy has been reported in writing announced to the employer of in writing, and to a candidate for the position of occupational safety and health representative delegate whose candidature xxxxx- xxxx has been reported announced in writing to the labour protection committee or to another corre- sponding body of co-operation. Protection of candidates shall nevertheless begin no sooner than three months before the start of the term of office of the shop xxxxxxx or occupational safety delegate to be elected, and shall expire for a candidate who is not elected when the outcome of the election has been verified. The regulations on employment security must also be applied to a salaried employee who has served as a shop xxxxxxx or occupational safety delegate for a period of six months after said employee’s duties in that capacity ended. If the employment contract of a shop xxxxxxx, departmental representative or occupational safety delegate is terminated in a manner contrary to this agreement, the employer must pay compensation of no less than ten and no more than 30 months’ salary to said employee. In the case of an occupational safety delegate, however, the aforementioned compensation shall be no less than four months’ and health committee no more than 24 months’ salary when the total number of em- ployees and salaried employees working regularly at a production plant or some corresponding coop- erating unit is less than 20. Said compensation shall be determined according to the same principles as prescribed in section 2, subsection 1 of chapter 12 of the Finnish Employment Contracts Act. Disputes concerning the termination of the employment contract of a shop xxxxxxx or occupa- tional safety delegate shall be reported, without undue delay, to the employer's federation, which shall inform the salaried employee's federation of the matter. The federations shall, without undue delay, investigate the underlying factors relating to the termination of employment with the assistance of the relevant parties. Within one week of concluding this investigation, the federations must discuss the disputes concerning the termination of the employment contract of a shop xxxxxxx and an occupational safety delegate in inter-operation bodyfederation negotiations and offer their view on the matter. The employer shall be advised of the view of the federations.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Security of Employment. 65.1 1. An employee serving as a shop xxxxxxx may not, while attending to these duties or on account thereof, be assigned to work at lower pay than applied at the time when said employee was elected to serve as a shop xxxxxxx. The development of a shop xxxxxxx’x pay must correspond to the general pay trend prevailing in the company for those in said employee’s field. The employer and the shop xxxxxxx shall look into the matter at least once per term of office. The shop xxxxxxx must be offered similar opportunities for maintenance of his or her professional skills as other salaried employees are. In a workplace with more than five salaried employees, a shop xxxxxxx shall not be transferred to shift or travel work that makes performance of the shop xxxxxxx’x duties significantly more difficult. 2. When the term of a shop xxxxxxx who has been released from most of his or her regular work duties ends, the need for professional training shall be determined jointly. The employer shall organise the relevant training. 3. In the event that workers with the personnel of the company are dismissed or laid off for finance- reasons of finance or production-related reasons, such measures must not affect the chief shop xxxxxxx or the occupational safety and health representative unless the operations of the relevant production unit are discontinued entirelyentirely discontinued. This provision shall not apply apply, however, if it is jointly established with the chief shop xxxxxxx or occupational safety or health representative that no work can be offered thereto that corresponds to that said employee’s vocation professional competence or is otherwise suitable for him or her. 65.2 . The employment contract of another shop xxxxxxx than the chief a deputy shop xxxxxxx may be terminated, terminated on production- related or the shop xxxxxxx may be laid off, in accordance with Chapter 7, Section 10(2) financial grounds when a significant part of the Employment Contracts Act only when the work ceases entirely deputy shop xxxxxxx’x tasks end and the employer is unable to arrange work for the shop xxxxxxx that corresponds to that employee’s vocational skills his or is otherwise her professional competence or any other suitable for work or to train him or her and is unable to train the employee for other duties in the manner referred to in Chapter 7, Section 4 of the Employment Contracts Acttasks. 65.3 4. The employment contract of a shop xxxxxxx may be terminated only when the work ends completely and no work corresponding to his or an occupational safety and health representative must her professional competence can be arranged. 5. A shop xxxxxxx may not be terminated for reasons due to dismissed in consequence of factors resulting from the shop xxxxxxx him- or the occupational safety and health representative herself without the consent of a the majority of the salaried employees whom said represented by the shop xxxxxxx. 6. If the employer terminates the chief shop xxxxxxx’x deputy’s employment contract or lays that person off when the latter person is not acting as the substitute for the chief shop xxxxxxx or occupational safety and health representative representsotherwise not acting in the position of a shop xxxxxxx, the termination or layoff is still deemed to have resulted from the shop-xxxxxxx position of that employee unless the employer can prove that the measure resulted from other factors. 7. These provisions pertaining to security of employment shall also be applied to a salaried employee standing for election as is required by Chapter 7shop xxxxxxx, Section 10(1) once the employer has been notified about the candidacy in writing. The protection of candidates commences, at the earliest, three months prior to the beginning of the Employment Contracts Actterm of shop xxxxxxx and ends upon the confirmation of the election result. The protection of a shop xxxxxxx begins when the employer is notified of the election result in writing and ends six months after the ending of said shop xxxxxxx’x term of office. 65.4 The 8. Should the employment contract of a shop xxxxxxx have been terminated in violation of this agreement, the employer shall pay the shop xxxxxxx the amount equivalent to at least 10 and at most 30 months’ salary. 9. The shop xxxxxxx’x position continues regardless of a transfer of business if the transferred business or an part thereof retains its independence. If the business or part thereof loses independence, the shop xxxxxxx is entitled to posterior protection as referred to herein in Section 7 from the end of duties that results from the transfer of business. 1. Regulations on co-operation for occupational health and safety shall be applied to workplaces where at least 20 employees, salaried or not, work regularly. An occupational safety and health representative must not shall be cancelled in a manner contrary to the provisions of Chapter 8, sections 1–3 of the Employment Contracts Act. Cancellation of an employment contract on the grounds that a shop xxxxxxx or an occupational safety and health representative has infringed administrative rules shall not be possible unless that employee has also repeatedly or substantially failed to perform his or her work obligations, despite having been cautioned in this regard. 65.4.1 If the employer terminates the employment contract of the deputy chief shop xxxxxxx or the first deputy of the occupational safety and health representative or lays off said employee at a time elected when the employee number of employees is not deputising for the chief shop xxxxxxx or the occupational safety and health representative or does not otherwise enjoy the status of a shop xxxxxxx or an occupational safety and health representative, the termination or layoff shall be deemed due to the employee’s duties of chief shop xxxxxxx or occupational safety and health representative, unless the employer can prove that it had some other reasonat least 10. 65.5 The foregoing terms on security of employment shall also apply to a duly nominated candidate for the position of chief shop xxxxxxx whose candidature has been reported in writing to the employer and to a candidate for the position of occupational safety and health representative whose candidature has been reported in writing to an occupational safety and health committee or some corresponding co-operation body.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

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Security of Employment. 65.1 ‌ 1. An employee serving as a shop xxxxxxx may not, while attending to these duties or on account thereof, be assigned to work at lower pay than applied at the time when said employee was elected to serve as a shop xxxxxxx. The development of a shop xxxxxxx’x pay must correspond to the general pay trend prevailing in the company for those in said employee’s field. The employer and the shop xxxxxxx shall look into the matter at least once per term of office. The shop xxxxxxx must be offered similar opportunities for maintenance of his or her professional skills as other salaried employees are. In a workplace with more than five salaried employees, a shop xxxxxxx shall not be transferred to shift or travel work that makes performance of the shop xxxxxxx’x duties significantly more difficult. 2. When the term of a shop xxxxxxx who has been released from most of his or her regular work duties ends, the need for professional training shall be determined jointly. The employer shall organise the relevant training. 3. In the event that workers with the personnel of the company are dismissed or laid off for finance- reasons of finance or production-related reasons, such measures must not affect the chief shop xxxxxxx or the occupational safety and health representative unless the operations of the relevant production unit are discontinued entirelyentirely discontinued. This provision shall not apply apply, however, if it is jointly established with the chief shop xxxxxxx or occupational safety or health representative that no work can be offered thereto that corresponds to that said employee’s vocation professional competence or is otherwise suitable for him or her. 65.2 . The employment contract of another shop xxxxxxx than the chief a deputy shop xxxxxxx may be terminated, terminated on production- related or the shop xxxxxxx may be laid off, in accordance with Chapter 7, Section 10(2) financial grounds when a significant part of the Employment Contracts Act only when the work ceases entirely deputy shop xxxxxxx’x tasks end and the employer is unable to arrange work for the shop xxxxxxx that corresponds to that employee’s vocational skills his or is otherwise her professional competence or any other suitable for work or to train him or her and is unable to train the employee for other duties in the manner referred to in Chapter 7, Section 4 of the Employment Contracts Acttasks. 65.3 4. The employment contract of a shop xxxxxxx may be terminated only when the work ends completely and no work corresponding to his or an occupational safety and health representative must her professional competence can be arranged. 5. A shop xxxxxxx may not be terminated for reasons due to dismissed in consequence of factors resulting from the shop xxxxxxx him- or the occupational safety and health representative herself without the consent of a the majority of the salaried employees whom said represented by the shop xxxxxxx. 6. If the employer terminates the chief shop xxxxxxx’x deputy’s employment contract or lays that person off when the latter person is not acting as the substitute for the chief shop xxxxxxx or occupational safety and health representative representsotherwise not acting in the position of a shop xxxxxxx, the termination or layoff is still deemed to have resulted from the shop-xxxxxxx position of that employee unless the employer can prove that the measure resulted from other factors. 7. These provisions pertaining to security of employment shall also be applied to a salaried employee standing for election as is required by Chapter 7shop xxxxxxx, Section 10(1) once the employer has been notified about the candidacy in writing. The protection of candidates commences, at the earliest, three months prior to the beginning of the Employment Contracts Actterm of shop xxxxxxx and ends upon the confirmation of the election result. The protection of a shop xxxxxxx begins when the employer is notified of the election result in writing and ends six months after the ending of said shop xxxxxxx’x term of office. 65.4 The 8. Should the employment contract of a shop xxxxxxx have been terminated in violation of this agreement, the employer shall pay the shop xxxxxxx the amount equivalent to at least 10 and at most 30 months’ salary. 9. The shop xxxxxxx’x position continues regardless of a transfer of business if the transferred business or part thereof retains its independence. If the business or part thereof loses independence, the shop xxxxxxx is entitled to posterior protection as referred to herein in Section 7 from the end of duties that results from the transfer of business. OCCUPATIONAL SAFETY AND HEALTH SECTION 5‌ Occupational safety and health co-operation‌ 1. Regulations on co-operation for occupational health and safety shall be applied to workplaces where at least 20 employees, salaried or not, work regularly. An occupational safety and health representative shall be elected when the number of employees is at least 10. 2. A workplace shall have an occupational safety and health representative must not be cancelled in a manner contrary to the provisions of Chapter 8officer, sections 1–3 of the Employment Contracts Act. Cancellation of an employment contract on the grounds that a shop xxxxxxx or along with an occupational health and safety representative and health representative has infringed administrative rules shall not be possible unless that employee has also repeatedly or substantially failed to perform his or her work obligations, despite having been cautioned in this regarda deputy representative. 65.4.1 If the employer terminates the employment contract of the deputy chief shop xxxxxxx or the first deputy of the occupational safety and health representative or lays off said employee at a time when the employee is not deputising for the chief shop xxxxxxx or the occupational safety and health representative or does not otherwise enjoy the status of a shop xxxxxxx or an occupational safety and health representative, the termination or layoff shall be deemed due to the employee’s duties of chief shop xxxxxxx or occupational safety and health representative, unless the employer can prove that it had some other reason. 65.5 The foregoing terms on security of employment shall also apply to a duly nominated candidate for the position of chief shop xxxxxxx whose candidature has been reported in writing to the employer and to a candidate for the position of occupational safety and health representative whose candidature has been reported in writing to an occupational safety and health committee or some corresponding co-operation body.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Security of Employment. 65.1 The employment contract of a shop xxxxxxx, labour protection delegate or labour protection agent may not be rescinded or terminated with notice on account of the said function. A shop xxxxxxx, labour protection delegate or labour protection agent may not be transferred to a position in which attendance to co-operation functions is materially hampered without the personal consent of the said representative. The same shall also apply to transfers to positions or modifications in duties in which the salary factors of the applicable salary system are lower than those previously governing the representative’s salary. In the event that workers with staff have to be transferred, efforts shall be made to ensure that an employee serving as labour protection delegate is the company last to be transferred. 63 Laki työsuojelun valvonnasta ja työpaikan työsuojeluyhteistoiminnasta, no. 44 of 2006. The status of a chief shop xxxxxxx and labour protection delegate shall continue as such, notwithstanding a transfer of business, if the transferred business or part thereof retains its independence. If a transferred business or part thereof loses its independence, then the chief shop xxxxxxx and the labour protection delegate shall be entitled to the subsequent protection referred to in section 20 of this agreement as of the end of the term of office arising from the transfer of business. If employees of a university are dismissed or laid off for finance- or production-related reasonsmade redundant, such measures must then the said measure shall not affect apply to the chief shop xxxxxxx or the occupational safety and health representative labour protection delegate unless the operations of the relevant production unit are discontinued entirely. This provision shall not apply if it is jointly established with the chief shop xxxxxxx or occupational safety or health representative verified that no work can be offered thereto to them that corresponds to that employee’s their vocation or is otherwise suitable for him or her. 65.2 The employment contract of another suitable. A shop xxxxxxx other than the a chief shop xxxxxxx may be terminated, dismissed or the shop xxxxxxx may be laid off, off in accordance with Chapter 7, Section 10(2) subsection 2 of section 10 of chapter 7 of the Employment Contracts Act Act64 only when the work ceases of the shop xxxxxxx entirely ends and the employer is unable to arrange work for the shop xxxxxxx that corresponds to that the said employee’s vocational skills or is otherwise suitable for him the said employee, or her and is unable to train arrange training for the employee for other duties in the manner referred to in Chapter 7section 4 of chapter 7 of the said Act. A shop xxxxxxx, Section 4 labour protection delegate or other staff representative involved in co-operation functions may not be dismissed for individual reasons pertaining to the said employee without the consent of a majority of the staff represented by the said elected official, as required by subsection 1 of section 10 of chapter 7 of the Employment Contracts Act. 65.3 Act65. The employment contract of a shop xxxxxxx or an occupational safety and health representative must labour protection delegate may not be terminated for reasons due to the shop xxxxxxx rescinded or the occupational safety and health representative without the consent of a majority of the employees whom said shop xxxxxxx or occupational safety and health representative represents, as is required by Chapter 7, Section 10(1) of the Employment Contracts Act. 65.4 The employment contract of a shop xxxxxxx or an occupational safety and health representative must not be cancelled considered dissolved in a manner contrary to the provisions sections 1-3 of Chapter 8, sections 1–3 chapter 8 of the Employment Contracts ActAct66. Cancellation of an employment contract on the grounds that a A shop xxxxxxx or an occupational safety and health representative has infringed administrative rules shall labour protection delegate may not be possible unless that employee has also repeatedly or substantially failed disadvantaged with respect to perform his or her work obligations, despite having been cautioned in this regard. 65.4.1 If other employees when assessing the employer terminates grounds for rescinding the employment contract of the deputy chief shop xxxxxxx or the first deputy of the occupational safety and health representative or lays off said employee at a time when the employee is not deputising for the chief shop xxxxxxx or the occupational safety and health representative or does not otherwise enjoy the status of a shop xxxxxxx or an occupational safety and health representative, the termination or layoff shall be deemed due to the employee’s duties of chief shop xxxxxxx or occupational safety and health representative, unless the employer can prove that it had some other reason. 65.5 The foregoing terms on security of employment shall also apply to a duly nominated candidate for the position of chief shop xxxxxxx whose candidature has been reported in writing to the employer and to a candidate for the position of occupational safety and health representative whose candidature has been reported in writing to an occupational safety and health committee or some corresponding co-operation body.

Appears in 1 contract

Samples: General Collective Agreement for Universities

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