Finnish authority addresses illegal terminations during probation period

The Finnish Occupational Safety Authority receives numerous inquiries from individuals suspecting they have been illegally terminated during their probation period. Less common are cases where the authority investigates potential unlawful termination, according to Aki Eriksson, a lawyer with the Southwest Finland Regional State Administrative Agency.

The threshold for terminating a probationary contract is low and is designed to be accessible for both parties. Any justification is adequate for termination, as long as it is not inappropriate regarding the purpose of the probation or related to health or discrimination.

Terminations during probation often come as a shock to employees. This is largely due to a lack of feedback within workplaces, leaving employees unaware of their performance issues. “Probation should be open and transparent, especially from the employer’s side, to ensure employees understand expectations and their performance,” Eriksson emphasizes.

Since a regulation change in 2017, suspicions of discrimination related to health have decreased, allowing for the extension of probation for each month an employee is absent. In Finland, the maximum length of a probation period is six months.

Probationary terminations are most common among younger workers. Both the Service Union United PAM and the Trade Union for the Public and Welfare Sectors JHL dismiss the notion that terminations occur easily or “just in case,” with termination processes in Finland seen as more straightforward than in many other EU countries.

According to JHL’s legal affairs director Keijo Karhumaa and PAM’s solutions manager Marja Salmivuori, most terminations are initiated by employers, with young workers being particularly prominent among those affected. Karhumaa notes that some young individuals may still be developing basic workplace skills compared to more experienced employees, and summer jobs are notably the most common positions where these terminations occur.