In change negotiations the employer is obliged to comply with the Co-operation Act, if it regularly has at least 20 employees. If the number of personnel is less than 20, however, based on the Employment Contracts Act, the employer is obliged to explain to the terminated employee the grounds and options for termination before terminating the employee's employment contract on production or financial grounds.
During the change negotiations, the personnel representative negotiates on behalf of the personnel. That person can also be selected in accordance with the Co-operation Act. We always primarily recommend choosing a shop steward or representative, as this promotes cooperation and dialogue between employees and the employer, even in times of crisis.
If that person does not exist on the company, co-operation representative as stipulated shall be elected as the negotiator. The employees should never agree to a negotiator being elected only for the purposes of a specific negotiation (a so-called ad hoc representative). This is because in individual cases, the elected negotiator does not have the special protection against dismissal.
We help the employees before, during and after the negotiations and with the elections. We organise infos in place or remotely, however it best suites in your situation. You can inform us about negotiations that are about to start or contact us about other matters by e-mail: peliala@peliala.fi or through the Union of Professional Engineers in Finland customer service.
Violation of change negotiation obligations
If the employer violates the provisions of the Co-operation Act concerning change negotiations, it can be ordered to pay compensation to employees who have been dismissed, laid off, part-time, or subject to a change in another essential condition of the employment contract. Change negotiations are subject to precise regulations, obligations and responsibilities that must be followed.