Browse through brief employment and labor law updates from around the globe. Contact a Littler attorney for more information or view our global locations.

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Asthma Caused by Water Damage at the Workplace was Considered an Occupational Disease

Precedential Decision by Judiciary or Regulatory Agency

Authors: Emma Mäkeläinen, Associate, and Samuel Kääriäinen, Partner and Head of Employment – Dottir Attorneys Ltd.

On November 28, 2022, the Supreme Court of Finland ruled that the employee’s diagnosed asthma was likely mainly caused due to exposure to damp microbes at the workplace. Therefore, the employee was entitled to compensation on the basis of occupational disease.

Employer Obligation to Promote Work Stamina of Employees Aged 55 Years or Older

Proposed Bill or Initiative

Authors: Emma Mäkeläinen, Associate, and Samuel Kääriäinen, Partner and Head of Employment – Dottir Attorneys Ltd.

On November 17, 2022, the Finnish government proposed clarifications to the Occupational Safety and Health Act (738/2002, as amended) to promote work stamina of people over 55 years old and decrease their early exit from working life. The amendments are scheduled to enter into force June 1, 2023.

According to the proposals, the employer’s general obligation relating to occupational safety would be specified. The employer would be obliged to consider that personal conditions may necessitate individual health and safety measures. Additionally, the employer’s obligation to identify and assess occupational hazards would be assessed by considering the physical stress factors relating to content of work, work organization and the sociality of the community. The aim is to prevent disabilities and improve the employees’ possibilities to maintain their work capacity longer, as well as to identify the potential needs for individual safety measures.

Assessment to Distinguish Employment Vis-à-vis Self-Employment

Proposed Bill or Initiative

Authors: Emma Mäkeläinen, Associate, and Samuel Kääriäinen, Partner and Head of Employment – Dottir Attorneys Ltd.

On October 13, 2022, the Finnish government proposed amendments to the provision stipulating the scope of application of the Employment Contracts Act (55/2001, as amended). The amendments are scheduled to enter into force July 1, 2023.

In accordance with the proposal, the existence of an employment relationship should be based on overall assessment in ambiguous and unclear situations. The overall assessment should be carried out if the nature of the legal relationship remains unclear after assessing the basic characteristics of employment relationship and by taking into account the conditions and circumstances under which the work is performed, the parties’ intention as to the nature of the legal relationship, as well as other factors affecting the parties’ factual positions. The aim of the proposal is to provide tools to distinguish self-employment and employment relationship, prevent misclassification of employment, as well as decrease insecurity relating thereto.