Forbidden Grounds for Termination

As a main rule, an illness, disability or accident cannot be a ground for termination. The illness, disability or accident affecting the employee can be a ground for termination, if the working capacity is substantially reduced thereby for such a long term that it renders it unreasonable to require that the employer continue the contractual relationship. For further information see [Illness]⁠.

The employer may not terminate an agreement based on the employee participating in a legal industrial action such as strike or ban of over time arranged by an employee organization or in accordance with the Collective Agreements Act. The same applies for participation in the employee organization’s industrial actions. However, participation in industrial action can be a termination ground, if the action has not been organized by an employee organization and in order to influence working conditions while the collective agreement is valid.

Neither can the employer use the employee's political, religious or other opinions, nor the employee’s participation in social activities or associations as termination grounds. If an employee’s participation leads to negligence of work or other duties provided by the Employment Contracts Act, there might, however, be grounds for termination.

If an employee resorts to means of legal protection available to employees, the employer cannot use that as a ground for termination. The employee can therefore sue the employer or turn to the employment protection authorities in matters relating to occupational safety and health without his/her employment relationship being terminated due to that fact.

Neither pregnancy nor the use of family leaves can be considered as valid termination grounds. For further information see [Protection against Termination in the Case of an Employee Who Is Pregnant or on Family Leave]⁠ and also [Protection against Termination in the Case of Shop Stewards and Elected Representatives].⁠

Military service or performance of civil service is not considered to be a valid ground for termination. An employment agreement may not be terminated during the service, and the employee must after the service or abortion thereof be placed to perform his/her previous tasks or therewith comparable tasks. The same applies to peacekeeping duty.

An employer is not allowed to terminate or cancel the employment relationship of an employee having applied for or on study leave. However, it is possible to terminate the employment agreement due to other grounds provided by law. With regards to this aspect the study leave differs from the family leaves and military service.