Sort your shit out or I will go Erin Brockovich on your ass.
(I really, really wanted to say that.)
Honestly though, I’m naming no names (yet), but on behalf of my friends, I’m now so pissed off that I’m seriously making plans. They might want me to butt the hell out, but there comes a time [insert orchestral music] in a woman’s life where she has to take a long, hard look at her life, and decide where she stands, what she can allow to pass and what cannot be abided. Well, I looked. I looked on. And while I might be a pushover when it comes to my value as a human being, but if you abuse my friends, I’m ready to go up in arms. Figuratively speaking.
So, here’s some food for thought…
From the Suomen Yrittäjät website; “ABC for the employer” (referenced on September 29th):
“According to the Employment Contracts Act, the salary shall be paid on the last day of the pay period, unless otherwise agreed. When the wage is calculated weekly, or from a longer period, the salary shall be paid once a month, and the hourly wage or salary determined by a time period of less than a week over, wage shall be paid every two weeks. Final Account shall be paid on the last working day, unless otherwise agreed. Employees are often determined in accordance with generally binding collective agreement. If not, the employee must pay a fair wage. Wage may be based on a contract salary or a commission instead of a monthly or an hourly rate.” (My translation from Finnish)
According to the Occupational Health and Safety Administration (Työsuojeluhallinto, due wages) website, the employee is encouraged to sue for due wages:
If the employer does not pay wages due, the employee, as a member of a trade union, shall contact the union. A non-organised employee may sue for a wage claim in a general court by bringing action against the employer. The employee commences the action, for example by contacting a solicitor or a legal aid office. The OSH Inspectorate does not bring the employee’s matter to court.
The Finnish law is also very clear on the responsibility of the employer. The entire text can be read in Finnish at Finlex, the database for Finnish law. Below excerpts are chosen and translated by me, so if you spot errors, please let me know in the comments! (Emphases mine.)
The wages shall be paid on the last day of the wage period, unless otherwise agreed. If the basis for time-based wage is shorter than one week, the wage shall be paid at least twice a month, and otherwise once a month. In result-based employment the wage period shall be at most two weeks … If the result-based employment is longer than one wage period, the wages for each wage period shall be based on the amount of time used on the work.
Any condition on the employment contract inconsistent with the collective agreement (työehtosopimus) is void …
The wages shall be paid to the employee in cash, or, if thus agreed, to the bank appointed by the employee. The employer is responsible for the additional cost in case of the latter option. The wages shall be paid, or shall be withdrawable (from the account) on the due date of the wages.
As the employer pays the wages, the employer shall give the employee a calculation which accounts for the wage and what is the basis for it.
A contract of employment can be made orally, in writing or electronically. …
If an employee, with the assent of the employer, has taken on an assistant to fulfill his responsibilities determined in the contract of employment, the employee employed as an assistant is also in employment with the employer who consented to the employment. (This sounds so much more reasonable in Finnish!)
Based merely on the validity period of the contract of employment, or the period of (daily) work time, the terms and conditions of temporary and part-time employment shall not be more adverse/unpropitious than in cases of any other employment, unless it is reasonably justified.
As is, the employer shall give all employees equal treatment, unless the deviation is justifiable by the employees’ responsibilities and position.
The employer … at latest at the end of the first wage period, shall give the employee a written description of the central terms and conditions, if they are not apparent in a written contract. … If the employee is repeatedly working for the same employer for temporary periods of less than one month in length, with the same terms and conditions, the employer shall give a description of the central terms and conditions at latest one month after the beginning of the first temporary period.
The description can be given with one or more document or by referring to the law or collective agreement applicable in the employment. In the description, the minimum of following information must be present:
… the time period of the temporary employment and the basis for temporary employment; … the main responsibilities of the employee; … the general agreement applicable in the employment; … the criteria for the wage or other remuneration and the pay period; … regular working hours; … the determining of annual holiday; …
The employer … who on purpose or out of negligence infringes on … the responsibility to give the employee a written account of the central terms and conditions of the employment … shall be fined for infringing the law of employment contract.
A bonus question for the legally proficient (no pun intended!):
If the employer admits that the employee has worked for them in a given time period, surely they cannot opt out of paying wages because they do not have a list of the precise actions which the employee performed during that period? There is no written contract.