FINLAND Law and Practice Contributed by: Anu Waaralinna, Jukka Paloheimo, Oskari Lindholm and Elmiira Kutvonen, Roschier
8.2 Sexual Harassment and/or Violence The general provisions about, for example, harass - ment or other inappropriate behaviour are found in Sections 25 and 28 the Occupational Health and Safety Act (738/2002). However, not all situations that could be considered sexual harassment are clearly and exhaustively defined by law, although some guid - ance can be found in the Act on Equality between Men and Women (609/1986), Section 8d, and in the Penal Code (39/1889), Chapter 20, Sections 5 and 6, which may help to determine whether the case concerns sexual harassment or sexual assault. Some clarify - ing definitions can be obtained from, for example, the website of the Occupational Safety and Health Administration. The law protects all employees who have been subjected to sexual harassment or some other type of harassment. In the firm’s experience, since the #MeToo movement, companies and individuals have become increasingly aware of the harmfulness of sexual harassment and other breaches of employees’ physical and psycho - logical safety. Most reported cases do not involve allegations of blatant sexual harassment, but often instead allegations of relatively subtle bullying and inappropriate treatment. Such nuanced and subtle allegations can be difficult to investigate and verify. 8.3 Other Forms of Discrimination and/ or Harassment Including Bullying and/or Mobbing Please see 8.2 Sexual Harassment and/or Violence . 8.4 Criminal Cases Allegations of sexual harassment, for example, are often criminal in nature (please also see 1.5 Obligation to Carry Out an HR Internal Investigation ). In such cases, it is the employer’s responsibility to determine whether the alleged actions of the employee meet the criteria for a crime. The employer must also decide whether to release the employee from the working obligation or subject them to other precautionary or disciplinary measures, such as termination of employ - ment. It is imperative that such matters be addressed promptly.
Please note that disciplinary action may be assessed incorrectly, which could result in further civil litigation regarding wrongful termination. The most common crimes associated with HR investigations are occu - pational health and safety offences and sexual har - assment. However, in this case, action must be taken by the individual concerned, meaning the employer cannot request police intervention on their employ - ee’s behalf. If a criminal investigation is launched, the employer must comply with any orders issued by the relevant authority. If charges are filed, the employer’s duties will be determined based on their role in the proceedings. If an employment relationship has been terminated based on the employer’s assessment that criminal behaviour has occurred, and there are later court cases both regarding the legality of the termination and the criminal case, the civil proceedings regarding termination can be paused to wait for the results of the criminal case. 8.5 Multi-Jurisdictional HR Internal Investigations Although there are no specific regulations governing multi-jurisdictional investigations, it is important to note that the other jurisdiction in question may have its own procedural regulations relating to such situ - ations. As a general rule, there are no restrictions on foreign employers carrying out internal HR investiga - tions in Finland, or on employers in Finland carrying out internal HR investigations abroad. Employers must comply with local legislation. Employers operating in Finland must comply with Finnish legislation, regard - less of their country of origin, as work performed in Finland is subject to Finnish law.
138 CHAMBERS.COM
Powered by FlippingBook