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Finland - Substantive requirements for dismissals

Substantive requirements for dismissals (justified and prohibited grounds) - Finland - 2019    

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Obligation to provide reasons to the employee: Yes
  • Sec. 2 & 3, chap. 9, ECA.

Valid grounds (justified dismissal): any fair reasons
  • See: sec.1-3, chap. 7, ECA.
    As a general condition, termination of employment cannot take place without a "proper and weighty reason". Two types of reasons are listed in the ECA: these are reasons connected with the employee's person (conduct, and capacity) and economic reasons.

Prohibited grounds: pregnancy; maternity leave; filing a complaint against the employer; temporary work injury or illness; race; sex; sexual orientation; religion; political opinion; nationality/national origin; age; trade union membership and activities; disabilities; language; family members at the same workplace; parental leave; participation in a lawful strike; state of health; ethnic origin
  • See:
    * Sec. 2, chap. 2, ECA and sec. 8 of the Non-discrimination Act (1325/2014):Prohibition of discrimination.
    * Sec. 2, chap. 7, ECA: Termination grounds related to the employee's person provides a list of invalid grounds.
    * Sec. 9, chap. 7, ECA : Termination in the case of an employee who is pregnant or on family leave.
    Sec. 4, chap. 1 ECA: Discriminatory termination during the probation period.

Workers enjoying special protection: workers' representatives; pregnant women and/or women on maternity leave; workers with family responsibilities
  • * Workers' representatives:
    Sec. 10, chap. 7, ECA: Dismissal of a "shop steward or elected representatives" based on individual grounds requires the consent of the majority of the employees whom he represents.
    Economic dismissal of those representatives are authorized provided the job they occupy ceases completely and the employer has been unable to find another suitable job or to train the person for some other work.

    * Pregnant women and employees on family leave: sec. 9, chap. 7, ECA deems the dismissal to be based on employee's pregnancy or family leave and places the onus on the employer to prove that the dismissal is based on another reason.
    In addition, sec. 9, chap. 7 ECA states that the employer can terminate the employment relationship with employee on maternity, special maternity, parental or child care on economic grounds only in case of complete cessation of activities.