Employers who are subject to a collective agreement of general application can apply directly all the provisions agreed upon on the basis of section 34 of the Working Time Act. However, provisions that are based on section 34, paragraph 2 of the Working Time Act and require local consent cannot be enforced. The local agreement may deal with matters for which there are no provisions or provisions in the area of labour law, collective agreements or employment contracts. The latter example is telework, mobile work, work capacity and well-being at work. If the employer wishes, a local agreement can also be reached on matters within the employer`s right to run the board. Parties to a local agreement can, in principle, agree on whether the local agreement should be concluded in writing or orally. However, labour law or the collective agreement may require that a local contract be executed in writing in certain situations. However, the following rights, provided by the Occupational Safety and Health Enforcement Act, must also not be restricted by national collective agreements: the organisation of health and safety cooperation in the workplace can be agreed locally in a way that is appropriate to the local situation. The parties to such a local agreement are the employer, the worker protection officer or another staff representative. If no staff representative has been elected in the workplace, an agreement can be reached by all staff or a group of staff. In the broadest sense of the term, “local agreement” means all the steps taken by employers and workers to promote a common understanding of workplace issues. “agreement” can only refer to a process in which the parties acquire, as a result of negotiations, a common understanding of a given situation and its importance. Procedure under the applicable collective agreement Agreement on cooperation in occupational health and safety Convention made possible by the Employment Contracts Act Provisions of the Working Time Act Agreement made possible by the Annual Leave Act allows employers to agree on the spot on individual workers who regularly work longer than the ceiling set by the Law on Working Time for Normal Working Hours (Section 11).
Agreements between an employer and an individual worker are only possible if the existing collective agreement does not include provisions for regular working time. In the absence of a collective agreement, the aforementioned section of the Working Time Act sets the limits of the local agreement on regular hours. Conditions contrary to the collective agreement cannot be agreed either on the ground or in employment contracts. A business manager or staff delegate must always have a separate authorization from the party concerned when the local agreement is about to change what has been agreed in the employment contract of a single worker. As a general rule, the Working Time Act (872/2019) is a mandatory law.