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KKO 1768/1997 AI generated

Supreme Court dismissed claim for severance pay under Finnish Employment Contracts Act Section 47 F due to lack of statutory grounds.

Case Number KKO 1768/1997
Court / Authority
Jurisdiction Finland (FI)
Decision Date
Outcome Dismissed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's claim for severance pay calculated under Section 47 F of the Employment Contracts Act. The plaintiff sought compensation for the termination of an employment contract without cause, arguing entitlement to statutory severance. The court ruled that the specific conditions required to trigger the calculation method in Section 47 F were not met in this instance.

Legislator headnote

AI generated

TSL 47 f §; The statutory severance pay calculation method under Section 47 F of the Employment Contracts Act applies only when the specific legal prerequisites for its application are fulfilled, and cannot be invoked merely upon the termination of a contract without cause.

Keywords

AI generated
Employment Contracts Act severance pay calculation termination without cause statutory entitlement Supreme Court of Finland

Cited Legislation

AI generated
Section 47 F of the Employment Contracts Act
AI generated
labour_1986_33
Labor court dismisses union's fine claim but orders employer to pay severance for unjustified dismissal.
appeal_1980_eastern-finland__627
Court dismissed strike claim as employees failed to prove they were forced to work against their will.
appeal_1979_turku__942
Appeal dismissed; court upheld lower court's decision on criminal liability based on statutory interpretation.
kko-precedent_1995_92
Supreme Court allows termination pay when employer's indefinite suspension effectively ends employment after one year.
labour_2010_65
Labor court dismisses union claim that employer violated termination protection due to employee's refusal of offered work after warning.

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Full text

Kysymys perusteettoman työsopimuksen purkamisen johdosta työsopimuslain 47 f §:n nojalla suoritettavasta korvauksesta.

TSL 47 f §