1.
Without
regard to number of employees working in the company:
-
in all companies where the workplace is monitored
(i.e. video surveillance, checking of employee's electronic correspondence,
etc.), the use of information and
communication technologies and workplace monitoring and control in the
workplace methods should be developed, enabling employees to be clearly
aware of the purposes of monitoring and when they can be monitored;
-
non-competition
agreements and confidentiality agreements must be
reviewed and adapted to the new Labour Code, since such agreements are now
included in the field of labour law relations, the essential terms and
conditions of such agreements, maximum terms, employer's obligations, amounts
of compensation, etc. are being established;
-
the
full material liability agreements concluded before the entry into
force of the new Labour Code are no longer valid;
-
the
number of days of annual leave belonging to employees must be
recalculated, since according to the new Labour Code, annual leave shall be
calculated at working, not on calendar days.
2.
If
there are 20-49 employees working in the company, it is additionally required:
-
to form the Labor
Council, in particular by setting up the Labor Council Election Commission,
which organizes the election of the Labor Council. The employer's duty is to
ensure the election of the Labor Council, inform and consult the Labor Council
in accordance with the laws and provide necessary information;
-
to prepare and approve Work Payment System, which establishes the forms of remuneration,
system of additional payment, minimum and maximum salaries in accordance with
the categories of employees positions and their qualifications. The purpose of
this system is to ensure equal pay for the same qualification employees doing
the same work, depending on objective criteria;
-
to implement the obligations set out in Paragraph 1.
3.
If
there are 50 employees and more working in the company, it is also required:
-
to embrace and publish in the usual way in the company
measures to implement the principles of
the implementation and enforcement of equal opportunities policies. The
policy of employees equal rights is imposed to define and anticipate what
measures the employer will take to ensure that the principle of
non-discrimination is implemented;
-
to embrace and publish in the usual way in the company
personal data of the employees
protection policy and its implementing measures. The purpose of this
document is to provide all employees with clear and understandable rules on the
use and protection of personal data and to ensure that these rules are
respected by the employees themselves;
-
to implement the obligations set out in Paragraph 1
and Paragraph 2.
Please note that the provisions of the latest Labour
Code have already entered into force, and therefore the above
requirements must be implemented immediately. Please remark that for
failure to comply with the obligations, a fine of EUR 80 to EUR 880 can be
imposed on the company’s director, with the requirement to prepare the
necessary documentation and perform other related actions.
Leinonen lawyers can help your company to prepare the above-mentioned
documents, review and evaluate the compliance of the content of the employment
contracts of the employees with the requirements of the Labour Code and
implement the necessary changes.
