Unprofessionalism

It is possible to terminate an employment relationship, if the employee does not have the adequate professional skills to perform his/her duties. The performance is considered inadequate even if the employee tries his/her best. If the employee has misled the employer in connection with the job interview and has given a false image of his/her professional skills, the employer may have the right to terminate employee’s employment agreement on the basis of the employee’s unprofessionalism. In addition, the employer can have grounds for termination, if the professional skills of the employee have deteriorated over time to a point where he/she no longer can perform his/her duties.

An unprofessional employee should primarily be transferred to a job more suitable for him/her. If the employer has no suitable jobs for him/her and termination is the only solution to the situation, the employer should make sure that the employee has been given proper training and introduction for the job and the work tasks.

Before the employment agreement is terminated, the employee must be given a warning as well as an opportunity to improve his/her performance.

If the employee disagrees regarding the inadequacy of his/her professional skills and takes the matter to be decided by the court, the employer must have evidence proving the employee’s unprofessionalism.

A cancellation of an employment relationship based on an employee’s unprofessionalism is possible solely when the employee has misled the employer in connection with the job interview by giving an essentially wrong picture regarding his/her skills. In that case, there are no prerequisites for continuing the employment relationship since no trust exists between the employer and the employee.