Frequently asked questions about the coronavirus and working life

No. Under the current legislation, employers cannot require employees to present a COVID-19 passport.

• Instructions on how to obtain a COVID-19 passport, i.e. the EU Digital COVID Certificate, is available at My Kanta
• Questions concerning My Kanta pages is available at their customer service: [email protected]
• Frequently asked questions about the coronavirus restrictions on the website of Regional State Administrative Agency

One cannot just decide to stay out of work, but the obligation to work based on an employment contract applies during virus epidemics as well. In many workplaces arrangements to work remotely are being used, if allowed by the type of work.

Employees may stay out of work if their presence at home is necessary e.g. to take care of small children as daycare centres or schools have been closed down. The law does not entitle to paid absence in such cases, but there may be regulations concerning this in the collective agreements. People should check if this is the case.

 

The obligation to work based on an employment contract applies during virus epidemics as well.

Virus epidemics may cause situations where an unforeseeable event disrupts regular operations or there is a serious risk of such disruptions. In such situations, the employer may order employees to carry out emergency work. Emergency work may also be used in situations where an unforeseeable event may lead to a threat to life, health, property or the environment.

Emergency work on top of regular working hours may only be used to the extent that is truly necessary, and for no more than two weeks at a time. Employees are entitled to overtime pay for the time of emergency work that exceeds their maximum regular 

As a rule, yes they are. However, certain sectors may have specifics features that require different kind of regulation. For example, night work is allowed in hospitals, even if having to work at night on a regular basis is prohibited in many sectors.

The employer and employee usually agree on when the annual holidays are taken. The employer has the power to decide on the timing of annual holidays within the time limits laid down in the Annual Holidays Act, i.e. summer holiday during the summer leave period (2 May–30 September) and winter holiday between 1 October and 30 April. For certain sectors, there may be different rules laid down in the collective agreement or collective agreement for public servants. Summer and winter holiday must both be granted as an uninterrupted period, unless keeping the work going requires that the portion of the summer holiday exceeding 12 weekdays is taken at a different time in one or several parts.

When an employer decides on the timing of the annual holiday, the employee must be informed about this at least one month before the annual holiday starts. Exceptions are allowed only in cases where it is quite impossible to comply with this obligation. If this is the case, the employee must be informed of the time of the annual holiday as soon as possible, but not later than two weeks before the start of the holiday.

If the employer has already informed the employee of the time of the annual holiday, i.e. the time has been decided, or the time when the holiday will be taken has been agreed between the employer and employee, the employer cannot unilaterally, by his or her decision alone, change the time. If the employer unilaterally changes the time of the annual holiday that has already been decided and this causes harm or loss to the employee, the employer must compensate for such harm or loss as specified in the Employment Contracts Act. However, the employee must still comply with the employer’s decisions concerning the new time of the annual leave, even in cases where the employer changes this time in a way that violates the law.

The employer is not allowed to interrupt a holiday that has already started. With regard to public officials, provisions on interrupting the annual holiday are laid down in the collective agreement concerning them.

The time when the annual holiday is taken may be changed by a mutual agreement between the employer and employee.

The purpose of change security is to enable employees dismissed for financial or production-related reasons to find new employment faster and support the employee already during the notice period. Employees who have been dismissed or laid off are covered by change security, provided that the conditions are met. 

Employees covered by change security are entitled to paid leave during the notice period for job seeking and for participating in employment planning or measures included in this. The duration of the leave depends on the duration of the notice period (5–20 days). The leave may not cause significant harm to the company, and the employer must be informed of the leave as soon as possible. Change security also includes eligibility for increased earnings-related allowance or labour market support for the time when services in support of finding employment are being used. Increased earnings-related allowance or labour market support may be paid for the maximum of 20 days.

If the number of people employed on a regular basis is at least 30, dismissed person who have worked for the company uninterrupted for at least five years must be offered the opportunity to participate in coaching or training to promote finding employment at the employer’s cost. The employer and employee may agree that the employer will meet this obligation by paying in part or in full for training or coaching procured by the employee.

Change security also includes the employer’s obligation to provide occupational healthcare to employees laid off for financial or production-related reasons for six months from the termination of the obligation to work, in accordance with the employer’s occupational healthcare agreement. This applies to employees who before the termination of the employment relationship had been employed by the employer concerned for at five years and the total number of staff employed on a regular basis is at least 30.

According to the Employment Contracts Act, salaries shall be paid on the last day of the pay period, unless otherwise agreed. It is possible to agree on the pay period in the employment contract, and in many areas collective agreements stipulate the pay period. These stipulations may be binding.

An employer cannot unilaterally override binding stipulations in an employment contract or collective agreement. In the event of late payment of salaries, the employee is entitled to interest on late payment. If pay is delayed at the end of the employment relationship, the employee is entitled to receive pay for the waiting days for a maximum of six days.

If the employer is on sick leave because of the coronavirus infection (incapacity to work due to illness), his or her right to sick pay is determined on the basis of the Employment Contracts Act and collective agreements. Payment of salaries during sick leave is included in sectoral collective agreements

 

 

If the employee’s child is under 10 years old and is diagnosed with coronavirus infection, the employee is entitled to temporary childcare leave. The length of temporary childcare leave is determined by the Employment Contracts Act/the applicable collective agreement and the salary payable during this period is determined by the applicable collective agreement.

In specific situations, while the employee may be entitled to absence from work for compelling family reasons (a child who is over 10 years old falls ill; his or her caretaker falls ill; a daycare centre closes down), the grounds for the right to be absent from work are relatively strict. It is clear, however, that children cannot be left unattended. This absence is unpaid (unless otherwise agreed in the collective agreement) and it is not intended for long-term absence.

The obligation to provide a sick leave certificate is laid down in the Employment Contracts Act and stipulated in collective agreements. To avoid unnecessary burden on healthcare personnel and to prevent the spread of the coronavirus, labour market organisations have issued recommendations that the employee's own statement is sufficient to justify the sick-leave pay.

Relevant information can be found on the website of TE Offices. TE Offices follow the guidelines of the National Institute for Health and Welfare (THL) and the Regional State Administrative Agencies (AVI) for their customer service. As a rule, the customer service has switched to online and telephone services.

While the best and fastest way to manage your affairs is by using the electronic services online, you can also get service by telephone. To minimise congestion, please call the telephone service only in urgent situations.

If you do not have access to online or telephone services, TE Offices also provide forms as printouts. Location-specific information on where the forms are available can be found on the website of your local TE Office. 

When you follow the instructions given by the TE Office and the healthcare authorities, your right to unemployment benefit will remain unchanged.

Read more at Jobmarket Finland.

You can find information on layoffs and cooperation procedures on the websites of TE Offices. If you as an employer must initiate a cooperation procedure, you must notify the local TE Office of the cooperation negotiations. In layoff situations, employees must be personally informed. If necessary, TE Offices advise companies in matters related to large-scale layoffs.

Employees who are given a notice of termination will have access to the change security services offered by TE Offices already during the notice period. The services provide support for job seeking as well as coaching and training for re-employment.

Further information is available on Jobmarket Finland