EMCC European Monitoring Centre on Change

Finland: Employers obligation to provide skill development plans or training

Finland
Phase: Anticipation
Type:
Employers obligation to provide skill development plans or training
Last modified: 10 June, 2019
Native name:

Työsopimuslaki (55/2001), Laki yhteistoiminnasta yrityksissä (334/2007), Laki yhteistoiminnasta suomalaisissa ja yhteisönlaajuisissa yritysryhmissä (335/2007), Laki yhteistoiminnasta valtion virastossa ja laitoksissa (1233/2013), Laki […] yhteistoiminnasta kunnissa (449/2007)

English name:

Employment Contracts Act (55/2001), Act on Cooperation within Undertakings (334/2007), Act on Cooperation within […] Groups of Undertakings (335/2007), Act on Cooperation within Government Agencies and Institutions (1233/2013), Act on Cooperation […] within Municipalities (449/2007)

Article

55/2001: Ch. 2, Sec. 5; Ch. 5, Sec. 2; Ch. 7, Sec. 3-4, 10, 13. 334/2007: Ch. 4, Sec. 16, 20. 335/2007: §3. 1233/2013: Ch.3, Sec. 14. 449/2007: Sec. 4a

Description

The employer, in cooperation with employee representatives, must draw up a personnel and training plan for a period of one year at the time. The plan must take into account foreseeable changes in the operation of the company that may be relevant to the composition, number or occupational skills of the personnel. The plan is intended to maintain and improve employees' occupational skills.

The personnel and training plan must include:

  • personnel structure and numbers, including the number of fixed-term contracts and the estimated development thereof;
  • principles regarding the use of different types of employment relationships (required from private companies and local governments, but not the state);
  • principles for maintaining the working ability of aged employees and employees at risk of disability, and to strengthen the employability of employees at risk of unemployment;
  • an assessment  of  the  employees’  occupational  skills, any  changes  occurring  in  the  skills needs and requirements and reasons thereto, as well as annual training objectives based on this assessment for each personnel group;
  • implementation and monitoring procedures; and
  • in organisations of 30 employees or more, principles for providing the employees with training that strengthens their employability.

If requested, the employer must clarify how the occupational skills of employees who have not been offered skills development for a longer period of time are to be maintained.

Furthermore, instead of dismissing or temporarily laying off an employee, the employer must, within reasonable limits, seek to arrange relevant training to the employee so as to allow the employee to stay at the company.

If an employer needs more employees for tasks suitable for employees who are already working part-time for the employer, the employer must offer such employment to the part-time employees. If these part-time employees need further training in order to perform new duties, the employer is obliged, within reasonable limits, to provide such training.

An employer who has dismissed an employee on financial or production-related grounds is obliged to offer the employee training to promote employment. This applies to companies employing 30 people or more, and to employees who have been employed by the employer for an uninterrupted period of five years or more. 

Comments

The provisions described above apply to companies with 20 employees or more, apart from the requirement of the personnel and training plan including principles for providing the employees with training that strengthens their employability, which applies to companies with 30 employees or more. The final provision of offering supplementary employment with the necessary training to part-time employees applies to companies of all sizes.

Collective agreements may include sector specific provisions regarding training of the personnel.

The blue-collar Central Organisation of Finnish Trade Unions SAK has proposed establishing a new type of employee representative, freely translated a 'competence commissioner' (osaamisvaltuutettu). The competence commissioner would develop workplace-based skills development and act as a link between the employer, the employees, education providers and funding authorities. As of May 2017, there is no evidence of the proposal being discussed with or by legislators.

Cost covered by
  • Employer
Involved actors other than national government
  • Works council
Thresholds
20
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