Without the consent of the employee, the employer may withhold from the employee’s wages only the wages for unearned annual holiday and any advance payment made to the employee that the employee must return to the employer. The consent for set-off must be obtained separately for each case in a format that can be reproduced in writing; by e-mail, for example.
Example. Before Jaana took pregnancy and maternity leave with her youngest child, her employer notified her of the need to reorganise the work and lay off some of the employees due to the deteriorating economic situation. At that, Jaana notified her employer of her early pregnancy, so it was not possible to lay her off.
After interrupting the child care leave two years later, Jaana was provided with the work agreed upon earlier as the employer’s economic situation had improved. If there had been less work than before, the employer should have laid off another employee who was doing the same work. The employer must guarantee the agreed work for Jaana as her youngest child is not yet 3 years of age.
In his contracts for services, Robert has deadlines agreed with the contracting parties, which are not affected by the fact that Robert is the father of a child under three. If a contracting party no longer needs to work with Robert, he/she can cancel the contract regardless of Robert’s family duties.
An employee must perform his/her obligations before the employer loyally (incl. maintain a business secret and observe the agreement on the restraint of trade). An employee is obligated to maintain (incl. without an agreement) a business secret the content of which has been communicated to him/her by the employer. An employer can agree with the employee upon the application of the restraint of trade clause for up to one year even after the expiry of the employment contract.
An employee must perform the work agreed upon and fulfil the obligations arising from the characteristics of the work, and do the work in the agreed volume, in the agreed place and at the agreed time.
During the working time agreed upon, the employee is subordinate to the management and control of the employer. The working conditions must be agreed upon with the employee in sufficient detail or at least notified to him/her.
An employee must perform his/her work duties outside the agreed place of work on a business trip for up to 30 days or longer if so agreed.
A pregnant woman and an employee raising a child under three years of age or a disabled child may be sent on a business trip only with his/her consent. An employee who is a minor may be sent on a business trip only with the prior consent of the minor and his/her legal representative.