Finland: Employee Rights/ Labour Relations

The Finnish Employment Contracts Act and Posted Workers Act were amended as from 1 March 2012. The purpose of the amendments of law is to promote the equal treatment of temporary employees as well as equal competitive position of companies.

The essential issue with regard to inventions originating within employment arises when the employer desires the possession of the invention. In Finland, the main principle of invention ownership is provided by the Act on the Right in Employee Inventions, which states that an employee shall have the same rights to his or her inventions as other inventors, unless otherwise provided by legislation.

The Finnish Supreme Court held in its decision rendered on 1 June 2007 (KKO:2007:50) that during an employment relationship an employer and employee can not validly agree upon terms according to which the employee waives rights or benefits provided by the mandatory provisions of the Working Hours Act (605/1996).