Labour law

A large part of the work our attorneys do consists of various commissions in the field of labour law. Our clients are mostly employers, and occasionally also employees’ unions and individual employees.

We assist clients in organisational changes within companies, problems related to cessation of employment, procedures in accordance with joint operation agreements, collective layoffs, drawing up contracts, compliance with the Non-discrimination Act, assessments related to allegations of discrimination in the workplace, conflicts in connection to collective and individual layoffs, and termination of employment. Our attorneys also assist our clients with other demands in the law of obligations that are based on labour law.

A major part of the work of attorneys is assessing and implementing changes that affect employment relationships in such a way that there is a lessened risk that legal disputes might arise at some later stage. In our experience, one of the most important tasks of the employer relating to employment relationships is to make all agreements in writing. If matters concerning employment relationships are agreed upon or announced orally, then it is in principle the legal responsibility of the employer to prove his or her claims related to the agreement or announcement. In short, if matters are handled only orally and not in writing, providing proof at a later stage if a dispute or disagreement arises is extremely difficult. Our attorneys provide expert assistance in creating and interpreting contracts and other documents related to employment relationships. In many cases, for example codetermination procedures carried out in accordance with the applicable joint operation agreement, it is highly advisable to have an attorney present from the very outset.

Indeed, in matters decided by the courts, it is decisive for competent and successful advocacy to have access not only to sufficient expertise on labour law – and therefore to be able to present the provide the most suitable grounds and make the correct arguments – but also to have gathered and to clearly and persuasively present the evidence to support those grounds and arguments. Collection of evidence when employment relationship disputes have arisen is usually considerably more laborious for the employer, who is by law assigned the burden of proof in many respects. The collection of evidence is far easier, and success in the lawsuit correspondingly more likely, if the events and procedures before and leading up to the dispute have been documented as scrupulously as possible.

We continually assist our business clients in applying the legal norms that obligate them in employment-related matters. The key legal norms in employment relationship situations are, amongst others, the Employment Contracts Act (55/2011), the applicable collective wage agreement, the Act on Co-operation within Undertakings (334/2007), the Working Hours Act (605/1996), the Annual Holidays Act (162/2005), the Occupational Safety and Health Act (738/2002), and the Act on the Protection of Privacy in Working Life (759/2004). In addition, legislation involving employment relationships is also found in e.g. criminal law, laws on inappropriate procedures in trading activity, in the legislation on equality, and in several more specific laws.

In most cases, the surest way to avoid costly and otherwise damaging and burdensome conflicts in matters related to labour law is to seek expert legal advice in advance, before difficult situations have a chance to arise.