European Employment Law Cases

Case Reports

2017/8 The importance of complying with the appropriate procedure when unilaterally amending material terms of employment, as an alternative to termination (FI)

Keywords Miscellaneous, Unilateral amendment to material terms of employment
Authors Kaj Swanljung en Janne Nurminen
Author's information

303134 Kaj Swanljung
Kaj Swanljung and Janne Nurminen are respectively a Senior Counsel and a Senior Associate with Roschier in Helsinki, www.roschier.com.

303137 Janne Nurminen
  • Abstract

      Following consultations with its employees in accordance with the Finnish Codetermination Act (334/2007), a company informed the employees that it would close down its current office premises and move its operations, including all of its employees, to another location. An employee, whose employment contract expressly stipulated the location of the old office as the fixed place of work, refused to transfer and did not arrive at the new place of work after the transfer. The company considered the employee’s absence unjustified and terminated her employment with immediate effect. The Supreme Court held that an employer can, as an alternative to termination of employment, unilaterally amend material terms of employment provided it notifies the employees sufficiently clearly of the terms being amended, the time when the new terms would come into effect, the grounds for termination, and the consequences of not accepting the amendments.

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