Browse through brief employment and labor law updates from around the globe. Contact a Littler attorney for more information or view our global locations.

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Employer's Obligations on Occupational Safety and Health at Work

New Legislation Enacted

Authors: Noora Ollitervo, Associate, and Samuel Kääriäinen, Partner and Head of Employment – Dottir Attorneys Ltd.

The government proposed the adoption of the amendment to the Occupational Safety and Health Act, and the new legislation was approved on February 16. The new legislation became effective on June 1, 2023.

From June 1, 2023, employers must consider that the personal qualities of employees may require individual health and safety measures in the workplace. When assessing harms and hazards arising from the work, an employer shall also consider the risks associated with ageing and the physical and psychosocial stress factors in the workplace. In addition, the provision on work including particular hazards was clarified so that, in addition to pregnant employees, employees who are breastfeeding or who have recently given birth are now covered.

Extending Enforcement of the Non-Discrimination Act and Refining Equality Planning

New Legislation Enacted

Authors: Noora Ollitervo, Associate, and Samuel Kääriäinen, Partner and Head of Employment – Dottir Attorneys Ltd.

The government proposed the adoption of the amendment of the Non-Discrimination Act, and the new legislation was approved on December 20, 2022. The new legislation became effective on June 1, 2023.

The amendment extended the competence of the Non-Discrimination Ombudsman so that the Ombudsman has the competence to monitor compliance with the Non-Discrimination Act also in working life. The Labor Protection Authority also has the right to request the employer to assess and promote equality in the workplace. When the employer assesses the realization of equality in the workplace, the employer shall also conduct an assessment in relation to recruitment and the workplace equality plan must contain the conclusions of the equality assessment.

Assessment of Employment Relationship in Unclear and Ambiguous Situations

New Legislation Enacted

Author: Noora Ollitervo, Associate, and Samuel Kääriäinen, Partner and Head of Employment – Dottir Attorneys Ltd.

The amendment to the scope of the Employment Contracts Act was adopted on March 3, 2023, and will become effective on July 1, 2023. The aim of the amendment is to make it easier to draw the line between when a person is working as an employee and when as a self-employed individual in situations where the nature of the legal relationship is unclear.

According to the new provision, the existence of an employment relationship must be assessed based on an overall assessment if the existence of an employment relationship remains unclear after an examination of the characteristics of an employment relationship provided for in the Employment Contracts Act. The overall assessment considers the conditions under which the work is performed, the circumstances in which the work is performed, the intention of the parties as to the nature of the legal relationship and other factors affecting the parties' actual position in the legal relationship. No changes have been made to the basic definition of an employment relationship.

Criminal Liability of Legal Persons and Corporate Fines

Precedential Decision by Judiciary or Regulatory Agency

Author: Noora Ollitervo, Associate, and Samuel Kääriäinen, Partner and Head of Employment – Dottir Attorneys Ltd.

The executive director of the limited company had been convicted of two sexual assaults, an occupational safety and health offence and work discrimination. The offenses had been committed during a photo shoot with the intention of producing material for the employer's use.

The breaches of occupational health and safety regulations were not motivated by an objective to benefit the company but by the executive manager’s personal motives. The Finnish Supreme Court held that the executive director had not acted on behalf of or for the benefit of the company in such a way that his offense could be regarded as having been committed in the course of the company’s activities in the manner required for the company to be held legally responsible.

New Government Program 2023-2027

Trend

Author: Noora Ollitervo, Associate, and Samuel Kääriäinen, Partner and Head of Employment – Dottir Attorneys Ltd.

As a result of the Spring 2023 parliamentary elections, Finland has a new government. The new government program for 2023-2027 was finalized in June 2023 and contains several topics that may have an impact on different aspects of working life. Changes are planned in areas such as local agreements, the right to strike, sick pay and processes for dismissals and redundancies. However, the government program is only a preliminary plan, and the real effects, if any, shall only be known when the actual proposed changes to the relevant legislation are drafted and made public.