Common use of Security of Employment Clause in Contracts

Security of Employment. In the event that the workforce of the enterprise is dismissed or laid off for reasons of finance or production, such measures may not affect a shop xxxxxxx or labour protection delegate unless the operations of the production unit are entirely discontinued with respect to the staff group concerned. This regulation shall not apply, however, if it is jointly verified with the shop xxxxxxx or labour protection delegate that no work can be offered thereto that corresponds to the said employee’s vocation or is otherwise suitable for the said employee. The employment contract of a departmental shop xxxxxxx may be terminated or a departmental shop xxxxxxx may be laid off in accordance with chapter 7, section 10, subsection 2 of the Employment Contracts Act only when the work entirely ends and the employer is unable to arrange work for the shop xxxxxxx that corresponds to the said employee’s vocational skills or is otherwise suitable for the said employee, or to retrain the employee for other duties in the manner referred to in chapter 7, section 4 of the Employment Contracts Act. A shop xxxxxxx, departmental shop xxxxxxx or labour protection delegate may not be dismissed for individual reasons pertaining to the said employee without the consent of a majority of the salaried employees represented by the said elected official, as required by chapter 7, section 10, subsection 1 of the Employment Contracts Act. The employment contract of a shop xxxxxxx, departmental shop xxxxxxx or labour protection delegate may not be rescinded in a manner contrary to the provisions laid down in chapter 8, section 12 of the Employment Contracts Act. Rescission of employment contract on the grounds that the said elected official has infringed administrative rules shall not be possible unless the said employee has also repeatedly and substantially failed to perform work obligations despite being cautioned for so doing. The foregoing regulations on security of employment shall also apply to a candidate for the position of shop xxxxxxx, the candidature of whom has been notified in writing to the employer, and to a candidate for the position of labour protection delegate, the candidature of whom has been 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 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 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 operating 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.

Security of Employment. In the event that the workforce of the enterprise is dismissed or laid off for reasons of finance or production, such measures may not affect a shop xxxxxxx or labour protection delegate unless the operations of the production unit are entirely discontinued with respect to the staff group concerned. This regulation shall not apply, however, if it is jointly verified with the shop xxxxxxx or labour protection delegate that no work can be offered thereto that corresponds to the said employee’s vocation or is otherwise suitable for the said employee. The employment contract of a departmental shop xxxxxxx may be terminated or a departmental shop xxxxxxx may be laid off in accordance with paragraph 2 of section 10 of chapter 7, section 10, subsection 2 7 of the Employment Contracts Act only when the work entirely ends and the employer is unable to arrange work for the shop xxxxxxx that corresponds to the said employee’s vocational skills vocation or is otherwise suitable for the said employee, or to retrain the employee for other duties in the manner referred to in chapter 7, section 4 of chapter 7 of the Employment Contracts Act. A shop xxxxxxx, departmental shop xxxxxxx or labour protection delegate may not be dismissed for individual reasons pertaining to the said employee without the consent of a majority of the salaried employees represented by the said elected official, as required by paragraph 1 of section 10 of chapter 7, section 10, subsection 1 7 of the Employment Contracts Act. The employment contract of a shop xxxxxxx, departmental shop xxxxxxx or labour protection delegate may not be rescinded in a manner contrary to the provisions laid down in sections 1-2 of chapter 8, section 12 8 of the Employment Contracts Act. Rescission of employment contract on the grounds that the said elected official has infringed administrative rules shall not be possible unless the said employee has also repeatedly and substantially failed to perform work working obligations despite being cautioned for so doing. The foregoing regulations on security of employment shall also apply to a candidate for the position of shop xxxxxxx, the candidature of whom has been notified in writing to the employer, and to a candidate for the position of labour protection delegate, the candidature of whom has been notified in writing to the labour protection commission or to some other corresponding cooperation 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, delegate the foregoing compensation shall be no less than four 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, section 2, subsection 2 12 of the Employment Contracts Act.

Security of Employment. In the event that If the workforce of the enterprise company is dismissed or laid off for reasons of finance financial or productionproduction reasons, such measures may not affect a shop xxxxxxx or labour protection occupational safety delegate unless the operations op- erations of the production unit are entirely discontinued with respect to the staff group concernedcon- cerned. This regulation shall not apply, however, An exception may be made to this provision if it is jointly verified with the shop xxxxxxx or labour protection occupational safety delegate that no it is not possible to provide them with work can be offered thereto that corresponds corre- sponds to the said employee’s their vocation or is otherwise suitable for suitable. Section 10, subsection 2 of chapter 7 of the said employee. The Finnish Employment Contracts Act provides that the employment contract of a departmental shop xxxxxxx representative may be terminated or a departmental shop xxxxxxx may be laid off in accordance with chapter 7, section 10, subsection 2 of the Employment Contracts Act only when the work ends entirely ends and the employer is unable to arrange no other work for the shop xxxxxxx can be arranged that corresponds to the said employee’s vocational skills or is otherwise suitable for the said employee, or to retrain the employee for other duties in the manner referred to in chapter 7, section 4 of the Employment Contracts Acttheir professional skills. A shop xxxxxxx, departmental shop xxxxxxx representative or labour protection occupational safety delegate may not be dismissed dis- missed for individual reasons pertaining that are attributable to the said employee person without the consent of a majority of the salaried employees represented by the said elected officialperson, as required by chapter 7, section 10, subsection 1 of chapter 7 of the Finnish Employment Contracts Act. The employment contract of a shop xxxxxxx, departmental shop xxxxxxx representative or labour protection delegate may not be rescinded annulled in a manner contrary to violation of the provisions laid down in of section 1 of chapter 8, section 12 8 of the Finnish Employment Contracts Act. Rescission of Cancelling the employment contract shall not be possible on the grounds that the said elected official person concerned has infringed administrative rules shall not be possible unless said person has at the said employee has also same time repeatedly and substantially significantly, and regardless of warning issued, failed to perform work obligations despite being cautioned for so doingtheir working duties. The foregoing These regulations on security of employment shall also apply be applied to a candidate for the position posi- tion of shop xxxxxxx, xxxxxxx at the candidature of whom workplace whose candidacy has been notified in writing announced to the employeremployer of in writing, and to a candidate for the position of labour protection delegate, the candidature of whom occupational safety delegate whose xxxxx- xxxx has been notified announced in writing to the labour protection commission committee or to some other corresponding cooperation bodyanother corre- sponding body of co-operation. However, protection Protection of candidates shall nevertheless begin no sooner than three months before the start of the term of office of the shop xxxxxxx or labour protection occupational safety delegate to be elected, and shall expire with respect to for a candidate who is not elected when the outcome of the election has been verified. The regulations on employment security of employment shall must also continue to apply be applied to a salaried employee who has served as a shop xxxxxxx or labour protection occupational safety delegate for a further period of six months after the said employee’s duties in the said that 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 as of the end of the term of office arising from the assignment of business operationsended. If the employment contract of a shop xxxxxxx, departmental shop xxxxxxx representative or labour protection occupational safety delegate has been discontinued is terminated in a manner contrary to this agreement, then the employer shall must pay compensation of no less than 10 months’ ten and no more than 30 months’ salary to the person concernedsaid employee. However, in In the case of a labour protection an occupational safety delegate, however, the foregoing aforementioned compensation shall be no less than four months’ and no more than 24 months’ salary when the total number of employees em- ployees and salaried employees working regularly at a production plant or corresponding operating op- erating unit is less than 20. This Said compensation shall be determined on according to the same basis principles as is prescribed in chapter 12, section 2, subsection 2 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-federation negotiations and offer their view on the matter. The employer shall be advised of the view of the federations.

Security of Employment. In Financial and production-related grounds for dismissal If the event that company's staff is laid off or their employment is terminated due to financial or production-related reasons, the workforce of the enterprise is head shop xxxxxxx or occupational safety delegate may not be dismissed or laid off unless the production unit's operations for reasons of finance or production, such measures may not affect a the em- ployee group in question is entirely discontinued. If it is jointly determined with the head shop xxxxxxx or labour protection delegate unless the operations of the production unit are entirely discontinued with respect to the staff group concerned. This regulation shall not apply, however, if it is jointly verified with the shop xxxxxxx or labour protection occupational safety delegate that no work he/she can be offered thereto that corresponds to the said employee’s vocation a profession-equivalent or is otherwise suitable for the said employeework, there can be deviation from this provision. The shop xxxxxxx employment contract of a departmental shop xxxxxxx other than the regional or head shop xxxxxxx may be terminated or a departmental shop xxxxxxx may be laid off in accordance with chapter to Chapter 7, Section 10 Sub- section 10, subsection 2 of the Employment Contracts Act only when the work entirely ends completely and the employer is unable to cannot arrange for other work fit for the shop xxxxxxx that corresponds to the said employee’s vocational his/her professional skills or is otherwise suitable for the said employee, or to retrain the employee train him/her for other duties work in the manner referred to in chapter 7, section accordance with Section 7 Subsection 4 of the Employment Em- ployment Contracts Act. Individual Protection A shop xxxxxxx, departmental shop xxxxxxx or labour protection occupational safety delegate may not be dismissed for individual reasons pertaining to fired in consequence of factors resulting from the said employee him- or herself without the consent of a the majority of the salaried employees personnel represented by the said elected officialshop xxxxxxx, as required by chapter Chapter 7, section Section 10, subsection Subsection 1 of the Employment Contracts Act. The employment contract of a shop xxxxxxx, departmental shop xxxxxxx or labour protection an occupational safety delegate may not be rescinded cancelled in a manner contrary to violation of the provisions laid down in chapter of Chapter 8, section 12 Section 1-3 of the Employment Em- ployment Contracts Act. Rescission The termination of an employment contract on the basis that he/she has violated orders, is not possible unless he/she has repeatedly and grossly, as well as despite warnings, left his/her work obligations unfulfilled. In assessment of the grounds that for cancelling a shop xxxxxxx’x or occupational safety delegate’s employment contract, the said elected official has infringed administrative rules shall he/she may not be possible unless the said employee has also repeatedly and substantially failed to perform work obligations despite being cautioned for so doing. The foregoing regulations on security of employment shall also apply to placed in a candidate for the worse position of shop xxxxxxx, the candidature of whom has been notified in writing to the employer, and to a candidate for the position of labour protection delegate, the candidature of whom has been 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 that 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 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 operating 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 Actother employees.

Security of Employment. 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. Pay security and protection against transfer 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 staff have to be transferred, efforts shall be made to ensure that an employee serving as labour protection delegate is the workforce last to be transferred. Transfer of business 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 enterprise is dismissed or end of the term of office arising from the transfer of business. Downsizing on grounds of finance and production If employees of a university are laid off for reasons of finance or productionmade redundant, such measures may then the said measure shall not affect a apply to the chief shop xxxxxxx or labour protection delegate unless the operations of the production unit are entirely discontinued with respect to the staff group concerned. This regulation shall not apply, however, if it is jointly verified with the shop xxxxxxx or labour protection delegate that no work can be offered thereto to them that corresponds to the said employee’s their vocation or is otherwise suitable for the said employeesuitable. The employment contract of A shop xxxxxxx other than a departmental chief shop xxxxxxx may be terminated dismissed or a departmental shop xxxxxxx may be laid off in accordance with chapter 7, section 10, subsection 2 of section 10 of chapter 7 of the Employment Contracts Act Act64 only when the work of the shop xxxxxxx entirely ends and the employer is unable to arrange work for the shop xxxxxxx that corresponds to the said employee’s vocational skills or is otherwise suitable for the said employee, or to retrain arrange training for the employee for other duties in the manner referred to in chapter 7, section 4 of chapter 7 of the Employment Contracts said Act. Individual protection A shop xxxxxxx, departmental shop xxxxxxx or 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 salaried employees staff represented by the said elected official, as required by chapter 7, section 10, subsection 1 of section 10 of chapter 7 of the Employment Contracts ActAct65. The employment contract of a shop xxxxxxx, departmental shop xxxxxxx or labour protection delegate may not be rescinded or considered dissolved in a manner contrary to the provisions laid down in sections 1-3 of chapter 8, section 12 8 of the Employment Contracts ActAct66. Rescission of employment contract on the grounds that the said elected official has infringed administrative rules shall not be possible unless the said employee has also repeatedly and substantially failed to perform work obligations despite being cautioned for so doing. The foregoing regulations on security of employment shall also apply to a candidate for the position of shop xxxxxxx, the candidature of whom has been notified in writing to the employer, and to a candidate for the position of labour protection delegate, the candidature of whom has been 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 A shop xxxxxxx or labour protection delegate to may not be elected, and shall expire disadvantaged with respect to a candidate who is not elected other employees when assessing 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 grounds 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 as of the end of the term of office arising from the assignment of business operations. If rescinding 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 operating 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 Actsaid employee.