It is worth writing down the job assignment in a reasonably precise manner in the employment contract. Pro's lawyer Jonna Riiali believes that the clause "...and other tasks assigned by the employer" should not be included in the contract at all.
- Then the employers have the opportunity to exercise their right to manage work more freely and the employee may have to perform tasks other than his or her main job duties.
The job description may not change without grounds for dismissal, but if it has already been agreed to be too broad in the employment contracts, the employee may have to perform more diverse tasks than he had thought.
- Still, the employer cannot commission just any task. For example, an engineer does not have to go to work in the snow, Riiali reminds.
Probationary period and salary - key issues in an employment contract
At the beginning of a new employment relationship, a probationary period can also be written into the employment contract, which can be a maximum of six months. During the probation period, the parties can terminate the contract with immediate effect.
– During that time, you can think about whether this is my job and whether the employee is suitable for the job. However, terminating an employment relationship during a probationary period must be done on objective grounds, Riiali says.
Of course, the salary must be agreed upon in the employment contract: monthly salary, hourly salary, or whether the salary is determined on some other basis. The date of payment of the salary and the applicable collective agreement must also be recorded.
– The collective agreement defines the minimum terms of the employment relationship, such as salaries, bonuses, annual holidays, sick pay, working hours and other terms of the employment relationship, and not everyone needs to negotiate them separately.
The total salary can also include fringe benefits, which are good to negotiate in the contract. Telephone and lunch benefits offered by the employer are common these days, but in addition, the employment relationship can include, for example, a car or employee bicycle benefit – all of these are taxable income, just like money.
There can also be limits to fixed-term employment contracts
The key issues in an employment contract are whether the contract is fixed-term or valid until further notice.
– The fixed-term contract must be objectively justifiable. Genuine reasons include, for example, replacements for various types of leave, relieving congestion or a clear project with a beginning and end, Riiali says.
The Finnish government wants to change the current law so that in the future there would be no need to justify a fixed-term contract of less than a year. There is no upper limit to the maximum length of a fixed-term contract. Even for long fixed-term contracts, it is still worth agreeing on the possibility of termination, because otherwise the employee may have to work for up to several years without the possibility of termination.
The chaining of fixed-term contracts is also a topic that is causing discussion. Many consecutive fixed-term contracts can be considered a permanent employment relationship at some point.
– The law does not directly define the matter, but legal cases have examined the number of fixed-term contracts, their total duration and grounds. The more consecutive fixed-term contracts, the more weight it has been able to show that the employer has had a permanent need to use the workforce and the employment contract must be considered valid until further notice.
Check the employment contract carefully before signing
It is also a good idea to include the notice period in the employment contract and when salary and other receivables will be paid if the employment relationship ends.
And most importantly: an employment contract should always be made in writing and take the time to read it through before signing it. If there is something in the contract that makes you wonder, it is also a good idea to have it read by the shop steward at the workplace.
TOP 5 of employment contracts – remember at least these
- Always employment contract in writing
- Exact job description
- Salary and working hours
- Continuous or fixed-term term contract
- Ask your shop steward to go through the contract before signing
Issues like remote work and non-compete clauses are yet to be determined
Remote work practices are taking shape in many places, and it is a good idea to draw up clear rules about them at the workplace.
– There is a lot of discussion now about which practices are good. Many workplaces agree, for example, that you will be at the workplace on a certain day of the week or that remote work can be done two or three days a week, says Pro's lawyer Jonna Riiali.
The employer may want to include confidentiality clauses with contractual penalties or non-compete clauses in the employment contract. Riiali urges to approach them critically, and for example, a non-compete clause must always have a particularly weighty reason.
– They have been seen as quite unreasonable terms. At worst, a non-compete clause can limit your own opportunities at that stage, if you want to change jobs, he says.
– At one stage, things were wild. Now the situation has changed and the employer must pay 40 or 60% of the non-compete clause after the employment relationship.