Use of outside labour. 1. The enterprise shall limit the use of loaned or assigned employees to the equilibration of peak workloads or otherwise to functions that are so limited in duration and nature that they cannot be performed by the employees of the enterprise due to the urgency of the work, its limited duration, its vocational requirements, special equipment requirements or other corresponding factors. Leasing of labour shall be considered unhealthy if the loaned employees assigned by the various enterprises that procure the labour perform the normal work of the enterprise alongside its permanent employees and under the same management for an extended period. The general agreement concluded between the federations shall be observed as part of this collective agreement.
2. Service agreements shall not be formulated as contracts between independent entre- preneurs when the true nature of the relationship is that of an employment contract.
Use of outside labour. 1. The enterprise shall limit the use of loaned or assigned employees to the equilibration of peak workloads or otherwise to functions that are so limited in duration and nature that they cannot be performed by the employees of the enterprise due to the urgency of the work, its limited duration, its vocational requirements, special equipment requirements or other corresponding factors. Leasing of labour shall be considered unhealthy if the loaned employees assigned by the various enterprises that procure the labour perform the normal work of the enterprise alongside its permanent employees and under the same management for an extended period. It is possible to locally agree differently on the use of leased labour. The general agreement concluded between the federations shall be observed as part of this collective agreement.
2. Service agreements shall not be formulated as contracts between independent entre- preneurs when the true nature of the relationship is that of an employment contract.
Use of outside labour. A term shall be included in contracts concerning subcontracting and leasing of labour whereby the subcontractor or the enterprise that leases labour undertakes to comply with the general collective agreement in its industry and with labour and social legislation. The employer shall notify the shop xxxxxxx and, where possible, also the labour protection delegate, in advance, of any external labour that is involved in salaried employee duties at the enterprise. If this is not possible on account of the urgency of the work or for some similar reason, then the said notification may exceptionally be given afterwards and without delay. Efforts shall be made to limit the use of leased outside labour to alleviating peak load situations or otherwise to duties that cannot be assigned to the enterprise’s own salaried employees, either expediently or at all, on account of the urgency of the work, its limited duration, the requirement of vocational skills or special know-how, or other corresponding reasons. A justified suspicion that the subscriber’s contractual partner is failing to discharge its obligations under statute or collective agreement may arise when using outside labour. Together with the shop xxxxxxx, the subscriber shall assess the situation and any information gathering that is required to resolve it, and shall take steps accordingly to obtain reports. The subscriber’s shop xxxxxxx shall be entitled to examine the reports obtained. The federations are committed to promoting the prevention of the grey economy, in particular by supporting authority supervision that is used to implement the targets of the Act on Posting Workers and the Act on the Contractor’s Obligations and Liability when Work is Contracted Out regarding posted workers’ equal status to Finnish workers, and equal competition between companies and following terms of employment.
Use of outside labour. BACKGROUND
Use of outside labour. The opportunity to locally agree on the use of leased labour. Paragraph 1 is changed as fol- lows:
1. The enterprise shall limit the use of loaned or assigned employees to the equi- libration of peak workloads or otherwise to functions that are so limited in duration and nature that they cannot be performed by the employees of the enterprise due to the urgency of the work, its limited duration, its vocational requirements, spe- cial equipment requirements or other corresponding factors. Leasing of labour shall be considered unhealthy if the loaned employees assigned by the various enterprises that procure the labour perform the normal work of the enterprise alongside its permanent employees and under the same management for an ex- tended period. It is possible to locally agree differently on the use of leased xx- xxxx. The general agreement concluded between the federations shall be ob- served as part of this collective agreement.
