Section 14-9 Permanent and temporary appointment
(1) An employee shall be appointed permanently. For the purposes of this Act, permanent appointment shall mean that the appointment is continuous and not time-limited, that the provisions of the Act concerning termination of employment apply and that the employee is ensured predictability of employment in the form of a clearly specified amount of paid working hours.
(2) Temporary appointment may nevertheless be agreed upon
- a) when the work is of a temporary nature
- b) for work as a temporary replacement for another person or persons
- c) for work as a trainee
- d) with participants in labour market schemes under the auspices of or in cooperation with the Labour and Welfare Service
- e) with athletes, trainers, referees and other leaders within organised sports
- f) for a maximum period of twelve months. Such agreements may apply to a maximum of 15 per cent of the employees of the undertaking, rounded off upwards, but temporary appointment may be agreed upon with at least one employee.
The employer shall at least once a year discuss the use of temporary appointment pursuant to the provisions of this paragraph with the employees' elected representatives, including the basis for and extent of such appointments and the consequences for the working environment.
(3) The Ministry may by regulation issue further provisions concerning temporary appointment for trainee work and concerning what types of labour market schemes are subject to the second paragraph (d).
(4) National unions may enter into collective pay agreements with an employer or employers' association concerning the right to make temporary appointments within a specific group of workers employed to perform artistic work, research work or work in connection with sport. If the collective pay agreement is binding for a majority of the employees within a specified group of employees in the undertaking, the employer may on the same conditions enter into temporary contracts of employment with other employees who are to perform corresponding work.
(5) An employee who has been employed for more than one year is entitled to written notification of the date on which he is to leave his post, no later than one month prior to that date. This shall nevertheless not apply to persons participating in labour market schemes subject to the third paragraph, cf. the second paragraph (d). Such notification shall be deemed to have been given when it is received by the employee. If the time limit is not observed, the employer may not require the employee to leave his post until one month after notification has been given. The provision of the fourth sentence nevertheless shall not provide a basis for appointment in excess of twelve months in the case of appointment pursuant to the second paragraph (f).
(6) Unless otherwise agreed in writing or laid down in a collective pay agreement, temporary contracts of employment shall expire on expiry of the agreed period or when the specific work is completed. During the agreement period, the provisions of this Act concerning termination of employment shall apply.
(7) Employees who have been temporarily employed for more than four consecutive years pursuant to the second paragraph (a) or for more than three years pursuant to the second paragraph (b) and (f) shall be deemed to be permanently employed so that the provisions concerning termination of employment relationships shall apply. The same applies to employees who have been continuously employed in a temporary post for more than three years pursuant to the second paragraph (a), (b) or (f) or a combination of two or more of the conditions stated respectively in (a), (b) and (f). When calculating the length of consecutive employment, deductions shall not be made for the employee's absence.
(8) The provisions of the present paragraph shall apply to appointments pursuant to the second paragraph (f) for work tasks of the same kind within the undertaking. The employer may regard units with at least 50 employees as separate undertakings. When, on expiry of the agreement period, an employee who is temporarily appointed pursuant to the second paragraph (f) is not offered continued employment, the employer shall be subject to a quarantine period of twelve months. During this quarantine period, the employer may not make new appointments as referred to in the first sentence.