Työkarkaisusta

Työkarkaisusta is a Finnish term referring to the process of separating or dismissing an employee from their job. This can occur for various reasons, including poor performance, misconduct, or redundancy. The legal framework surrounding työkarkaisusta in Finland is detailed in the Employment Contracts Act, which outlines the grounds for dismissal and the procedures employers must follow.

There are generally two types of dismissals. Ordinary dismissal, or ordinary työkarkaisusta, can be based on the employee's personal reasons or the employer's operational reasons. Personal reasons might include a significant breach of contract, such as repeated lateness or refusal to follow instructions, provided the employee has been warned. Operational reasons for dismissal can arise when the work available has decreased, and it's not possible for the employee to be retrained or relocated. In such cases, the employer must demonstrate that the dismissal is economically or production-related and that there are no alternatives.

Extraordinary dismissal, or extraordinary työkarkaisusta, is reserved for very serious breaches of contract. This type of dismissal does not require a prior warning period. Examples include theft, gross insubordination, or divulging confidential company information. The threshold for extraordinary dismissal is high, and employers must be able to prove the severity of the misconduct.

Both types of dismissal typically involve a notice period, during which the employee continues to receive their salary. The length of this notice period depends on the employee's length of service and the type of dismissal. Employees who believe they have been unfairly dismissed have the right to challenge the decision through legal channels. Employers are obligated to provide a written reason for the dismissal upon request.