Things to remember when your employment relationship ends
4.9.2024 | Law
My employment relationship is about to end. What do I need to remember and take into account?
Our employment lawyer answers
When an employment relationship ends, the obligations of all parties toward each other will cease after the notice period. The employee should also remember to check that, for example, all receivables related to the employment relationship are paid and that they receive a certificate of employment. The employer’s property must also be returned to the employer. The starting point is that the final salary is paid as soon as the employment relationship ends. There may be a condition in the employment contract whereby the final salary will be paid on the next ordinary salary payment date or, for example, within two weeks of termination of the employment relationship. The final salary comprises the salary up to the termination of the employment relationship, any overtime, balance hours, holiday allowance and holiday pay, depending on the situation.
Annual holidays can be ordered to be taken during the notice period, with the same rules as otherwise. Therefore, the date of the holiday must either be agreed on, or the employer must generally notify the employee of it, one month before the start of the holiday. The employer can only assign summer holidays for the summer holiday period and winter holidays for the winter holiday period. The notice period is no exception to this. If there are unused holidays at the end of the employment relationship, the employee must be paid holiday allowance for the days on which they have not received leave from work or holiday allowance by the end of the employment relationship.
Holiday pay is to be paid at the end of the employment relationship if so agreed on in the collective agreement or employment contract. By law, the flexible hours accumulation is only leveled out at the end of the employment relationship, in which case positive balances are paid out and negative balances are deducted from the final salary. However, it may have been agreed on in the industry collective agreement or locally that the flexible hours accumulation is adjusted or reset by a specific date during the year. Any remaining positive balance at the end of the employment relationship will not be compensated in certain situations, but work hours should be leveled out during the employment relationship, if possible.When the employment relationship ends, the employer must provide the employee with a certificate of employment at the employee’s request. It is possible to request either a brief or extended certificate. Only the duration of the employment and the work tasks are included on the brief certificate of employment. An extended certificate of employment also includes an assessment of the employee’s skills and behavior, as well as information about the reason for termination. At the end of the employment relationship, both parties have an obligation to return any property belonging to the other party.
When your employment relationship ends, you should try to remember the following
1. Payslip for the final salary
Always check the payslip for your final salary! Make sure that all the holidays, accumulations, overtime and similar receivables have been reimbursed. If necessary, you can ask your payroll accountant about this.
2. Property and emails
The employee is obligated to return the work equipment provided by the employer at the end of the employment relationship, unless otherwise agreed. However, it should be noted that the employer is not entitled to decrypt passwords or read the employee’s emails without the employee’s consent at the end of the employment relationship. The employee has the right to delete their own emails but also the obligation to transfer to the employer any information that they hold which is necessary for the employer and which results from the employment relationship. It is always a good idea to agree on these matters with your employer in good time before your employment relationship ends.
3. The union helps you in all situations
If you have any concerns about the termination of your employment or about the correctness of your final salary, please do not hesitate contact our employment lawyers, who can advise you and, for example, check that your receivables have been paid correctly. If necessary, the union lawyers can also demand that the employer pay the unpaid final salary or assist in obtaining a certificate of employment.
The tips and answers were provided by our director of legal services Mia Weckman in Tradenomi-magazine 2/2024 (available only in Finnish).
If you have questions about employment relationships, our legal services are here to support you.
Lisää aiheesta: Law
Remember these if you are doing additional or overtime work
In the workplace, there are sometimes situations where working overtime or extra hours is necessary. Before agreeing to overtime or extra work, it's important to understand these important factors.
What should you do if you haven't received your final salary or employment certificate? Our lawyer answers
Mitä tehdä jos loppupalkka ja työtodistus jäivät saamatta? Lue juristin vinkit!
What can be agreed with regard to holidays at the start of the employment relationship?
Often, in a new employment relationship, it is customary to agree on an additional holiday for the employee for their first summer, sometimes also for the first two winters, for which no annual holiday would be accrued under the Annual Holidays Act. The agreement on additional holidays should be made carefully. The agreement should include at least the following matters.
Annual holiday in parts – do Saturdays count as holiday?
Who decides the timing of annual leave? Are Saturdays counted as working days if annual leave is taken in parts? Can annual leave start on a day off? Read answers to these questions about annual leave!
What does the law say about zero-hour contracts and the rights of on-call workers?
Ask and our employment lawyer will answer. Is it possible to conclude employment contracts in which the working hours are agreed to be between 0 and 37.5 hours per week?