Abstract

Employment relationship can be ended in many ways and under different circumstances. This article discusses the rules in Finland regarding the termination of employment contract. It analyses in outline what can be considered as a proper and weighty reason or an extremely weighty reason to end an employment contract. The Finnish Employment Contracts Act demands that there must always be a proper and weighty reason to end the employment contract. If the employer wants to end the employment contract summarily without notice, there must even be an extremely weighty reason to do that. Even though the employment legislation stipulates that there must be a legal ground to end the employment contract, the legislation does not contain any list of the acceptable grounds of termination or cancellation of the employment contract. In the legal practice and legal literature, it has been argued that the proper and weighty reason may be for example the neglect of the work obligations, competing activity and violating of the business secrets, use of intoxicants, criminal activity and inappropriate behaviour and in some cases even illness. However, the grounds for the termination or cancellation of the employment contract cannot be precisely defined because every termination and cancellation of the employment contract is unique.

Highlights

  • According to Employment Contracts Act (TSL 7:2.1), serious breach or neglect of obligations arising from the employment contract or the law and having essential impact on the employment relationship as well as such essential changes in the conditions necessary for working related to the employee’s person as render the employee no more able to cope with his or her work duties can be considered a proper and weighty reason for termination arising from the employee or related to the employee’s person

  • The meaning of this article was to analyse the grounds and circumstances that may lead to the termination or cancellation of the employment contract

  • That means the grounds for a cancellation must be heavier than the grounds which entitle the employer to terminate the employment contract

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Summary

Background

In Finland, työsopimuslaki (the Employment Contracts Act, 55/2001, TSL) regulates employment contracts. Termination or cancellation in the Employment Contracts Act. The lack of legislative articulation of these legal grounds causes many problems in applying the Act. This article analyses in outline what can be considered as a proper and weighty reason or an extremely weighty reason to end an employment contract. This article analyses in outline what can be considered as a proper and weighty reason or an extremely weighty reason to end an employment contract This is a current topic in the Finnish legal system. This paper uses some Finnish legislation, including Collective Agreements Act, Employment Contracts Act, Act on Co-operation within Undertakings, Occupational Health Act, and Occupational Safety Act. Juridical analysis provided in this article very much refers to some judgments awarded by the Labour Court of Finland, the Court of Appeal, and the Supreme Court of Finland. It cites some relevant books, journals, and reports to find the legal concept, the basis of argument, and comparative views

Literature Review
The Concept of Termination
Improper Causes for Termination of the Employment Contract
Proper and Weighty Reasons in General
Unauthorized absence
Negligence
Unprofessionalism
Refusal to work
Conduct contrary to Instructions
Competing activity
Business and trade secrets
Use of intoxicants
Criminal activity and inappropriate behaviour
Illness
Special job security
The Concept of Cancellation
Extremely Weighty Causes for Cancellation of an Employment Contract
Conclusion
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