Common use of Use of external labour Clause in Contracts

Use of external labour. Scope of application‌ 1. The use of external labour may take two forms. It may be based on trade, pro- curement, a contract, hiring, commissioning, or a work agreement between two independent entrepreneurs or another agreement whereby the required work is performed independently by an external entrepreneur. Activities based on such an agreement are commonly referred to as subcontracting. In the second case, the use of external labour is based on hiring whereby the hired employees pro- vided by resourcing agencies perform work at the client company under the su- pervision and monitoring of that company. 2. The employer shall notify the shop ▇▇▇▇▇▇▇ of agreements concluded on subcon- tracting and hired labour before the work commences. The notice must include an account of the amount of labour, the company’s identifying information, the work site, the duties, the agreement’s duration, and the collective labour agree- ment to be applied. 3. If the shop ▇▇▇▇▇▇▇, having received the above-mentioned notification, no later than on the second workday following the notification so demands, he or she shall have the right to provide a shop ▇▇▇▇▇▇▇'▇ statement within a week on the use of the external labour and the necessity for that as well as the related harmful fac- tors. The shop ▇▇▇▇▇▇▇ may not, however, require the above process if the exter- nal labour is intended for performing work that the personnel of the unit in ques- tion, according to established praxis, do not perform, if it is a matter of short-term, urgent work or design, installation, repair, or maintenance work that cannot be performed by the unit’s personnel, or if the work requires special equipment. 4. If unforeseen, compelling factors harming the production or economy of the unit prevent application of the procedure described above, the employer may decide on the matter without the prior notification procedure. The matter must be handled without delay once there no longer is a reason for deviating from the usual pro- cess. At the same time, the employer must give an account of the reasons for the exceptional procedure. 5. The planned use of external workers is communicated to the shop ▇▇▇▇▇▇▇ in question as early as possible. The shop ▇▇▇▇▇▇▇ is given, before the work to be done by external labour begins, an account of the amount of the labour, the duties of the workers involved, and the duration and terms of the work. 6. If the company’s workforce must be reduced because of the commencing sub- contracting, the company must attempt to give the affected employees other tasks. If this is not possible, measures that support the employment of the em- ployees at risk of losing their job shall be agreed in the co-operation within under- takings procedure. If no agreement is reached on the measures and the workforce must be reduced, the term of notice in the employment contracts of the employees to be given notice is extended by 20%. 7. The right of the shop stewards and the occupational safety ombudsmen to moni- tor and receive information, as well as their obligations are the same with external labour and the company’s own employees, subject to statutory restrictions. 8. Agreements pertaining to external labour contain a condition whereby the sub- contractor or the resourcing company undertakes to apply the collective labour agreement of the information logistics sector to those of its employees who work in duties referred to in the Salary Appendices to this collective agreement, unless the company is required by law to adhere to another general collective labour agreement applied to these duties. The subcontractor or resourcing agency must also undertake to abide by its statutory obligations, including adherence to the collective labour agreement. 9. The use of external labour as a whole must be reviewed annually with the appro- priate head shop ▇▇▇▇▇▇▇. The review must include the matters prescribed in Sec- tion 13 of the Act on Co-operation within Undertakings and Section 6 of the Act on the Contractor’s Obligations and Liability When Work Is Contracted Out. 10. In addition to the above, it is possible to agree on the use of external labour locally at the company level in accordance with Section 47 of the collective labour agree- ment. VIII CO-OPERATION WITHIN UNDERTAKINGS‌