Western Uusimaa district court issued Monday’s ruling, according to which the employee’s contract of employment entered into weekly working time may not be extended to the competitiveness agreement. The Engineers on Wednesday.
the university of Turku law professor emeritus Seppo Koskinen considers that the case has wider implications.
If the working time is agreed in contracts, then in all these situations, this old working hours i.e. kiky-agreement on shorter working time is more favorable. Edullisemmuutta rule shall apply to the contract agreed to, Koskinen said.
according to ms Koskinen, anyone could have done individual agreement. Individual-level agreement means that there is no reference to the collective agreement and is not intended that the working time is determined according to the collective agreement.
– If the employer should be careful, he fits my working hours according to the collective agreement. But of course there can always be individual situations, such as part-time effects.
Part-time in the context of the working time can be agreed very closely and individually.
“This action is not driven collective bargaining issues to”
Koskinen thinks that kiky-conclusion of the agreement was thought to only it, who are the collective bargaining agreements of the district.
– you Probably know that there are some individuals level agreements which have been agreed by reference to collective agreements. It was left as if resolved to later.
the District court to the recent judgment is still possible to appeal to court of appeal from, or an advance ruling appeal to the supreme court. According to ms koskinen, it is difficult to assess what the next court case makes.
Traditionally edullisemmuutta rule has been held very strong. Instead, the parties to collective bargaining agreements have been in power the idea that collective agreements can displace the edullisemmuutta rule.
But this action is not driven collective bargaining issues, but the employment contract on the basis, pointed out to Koskinen.
Read more:
the Right: Kikyl not received for longer hours, when working hours were recorded in the employment contract – the technology industry is wondering decision
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