FINLAND Law and Practice Contributed by: Anu Waaralinna, Jukka Paloheimo, Oskari Lindholm and Elmiira Kutvonen, Roschier
Depending on the outcome of the investigation, the report frequently also includes recommendation(s) for the employer regarding the next steps. 6.5 Information As well as the employer’s obligation to determine whether inappropriate behaviour has occurred, it is standard practice to inform the relevant parties of the outcome of the internal HR investigation. The parties (reporter and respondent) often do not have access to the full conclusion report, but they are informed of the relevant parts of the conclusions. Fur - thermore, during the investigation process they have access to all hearing memoranda and evidence that the conclusions are based on. This access to conclu - sions and material is granted only to the reporter and the respondent, and not to any witnesses or other individuals interviewed; they only have access to (and can verify) the memoranda from their own hearings. 6.6 Communications to Authorities As a rule, there is no legal obligation to communicate the conclusions to any authorities. However, and as mentioned in 2.2 Communication to Authorities , in the event that the FSA requests clarification on a cer - tain case, the employer should inform the FSA about an internal investigation or any conclusions related thereto. The employer should also inform the relevant authority if they receive any enquiries on their behalf. 6.7 Other Communications The conclusion of the investigation is communicat - ed only to the parties (reporter and respondent) and the client’s (ie, the employer’s) representative(s), in accordance with the client’s wishes and needs. This information generally covers, at a minimum, the con - clusion reached on the basis of the investigation and any measures that may be taken as a result. The full report is not typically delivered to the parties (reporter and respondent), and the extent of communications is determined on a case-by-case basis. Typically, the necessary information is communicated to them ver - bally in a more concise written form. 6.8 Disciplinary Measures In the event that the allegations are substantiated, the employer is permitted to implement any disciplinary
measures outlined by applicable law or legally stipu - lated in its internal policies. The following measures are the most common: • issuing a written warning; • terminating the employment contract (notice period applies); or • immediate termination of the employment contract (notice period does not apply). Please note that immediate termination of employment must be carried out within 14 days of the employer becoming aware of the grounds for termination. The 14-day period is usually considered to start only after the conclusion of the investigation. For normal ter - mination, notice must be given within a reasonable timeframe after the employer becomes aware that the grounds for termination have been met. 6.9 Other Measures It is common practice for employers to take other measures, irrespective of the findings. These actions typically involve the utilisation of an external service provider for internal mediation. If the situation has been ongoing for a considerable time, it is possible that the employer’s duty to prevent excessive employ - ee stress has been overlooked. In such cases, the concern and measures may need to be extended to a larger group of people within the workplace than just those directly involved. This obligation is rooted in the employer’s duty to protect their personnel, as set out in Section 8 of the Occupational Health and Safety Act. It is also the employer’s duty, pursuant to Section 25 of the same Act, to monitor employees’ stress levels, investigate the causes of stress and take measures to avoid or reduce employees’ exposure to stress.
7. Data Protection 7.1 Collecting Personal Data
The general principle in the Act on the Protection of Privacy in Working Life (759/2004) is that employers may only collect and process personal data that is directly necessary for the employment relationship, and which relates to the rights and obligations of the employment relationship (eg, to conduct an HR
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