“Babbling is not advisable”

The employer is only allowed to process personal data on the employee directly necessary for the employment relationship. The Act on the Protection of Privacy in Working Life determines when the employer has the right to acquire personal credit data on the employee or data on their alcohol or drug use, and when to log into the employee’s e-mail messages.

The employee is required to inform their employer of any changes that will affect their work or work performance. They are required to disclose information about their family, other private life, beliefs, sexual orientation, political views or trade union membership.

“Babbling about personal matters to the employer is not advisable,” notes Lotta Savinko, Manager of Working Life Affairs at the Confederation of Unions for Professional and Managerial Staff in Finland (Akava).

Anja Lahermaa, Lawyer of Labour Legislation at the Finnish Confederation of Professionals (STTK), agrees.

“If an employer wants additional information, they must request it from the employee and not look for it, say, from their social media accounts,” says Working Environment Lawyer Mari Koskinen from the Industrial Union of Finland.

“Employees should disclose matters that affect their relationship with the employer on a general level,” says Atte Rytkönen, Specialist in Employment Law at the Federation of Finnish Enterprises.

Family relations do not need to be discussed

According to experts at trade unions, trust between the employer and employee is the foundation for everything. If the atmosphere at the workplace is poor, people often do not wish to discuss things, which is of course not necessary.
“You do not need to take part in informal discussions,” Lahermaa from STTK notes.

Rytkönen from the Federation of Finnish Enterprises also advocates an atmosphere of trust at work – one where changes in the family and family events are discussed.

The primary rule is that information on an employee’s pregnancy is within the realm of confidentiality. An employer is not allowed to disclose if an employee will take a maternity or paternity leave.

“The absence of an employee and when it takes place can be disclosed, but the reason for the absence cannot,” Lahermaa states.
Savinko from Akava admits that disclosing one’s pregnancy to an employer is not altogether simple.

“In some workplaces, timing is of the essence. It can be tricky if you are expecting a promotion but should reveal that you are pregnant.”

Savinko states that pregnancy should not be a factor influencing the employee’s position, but it is possible.

Koskinen from the Industrial Union reminds that it makes particular sense to reveal the pregnancy in cases where the job requires chemical exposure or working in circumstances that are unhealthy for the future child and pregnant mother.
In order to get a replacement, family leave needs to be announced two months before the start of a maternity or paternity leave, regardless of which parent is taking the leave. If the father intends to have a short leave, the absence can be announced one month in advance.
 

Your finances are your own business

One’s financial situation is, in principle, information that does not need to be disclosed. According to Lotta Savinko, the position and duties of the employee influence whether the employer needs to hear of a possible debt restructuring, for example.

“If the employee is in charge of the company’s investment activities or otherwise in a position of trust, for instance as the CFO, it is good to let the employer know of financial problems,” Savinko says.  

All those working with money and finances, such as bookkeepers or accountants, do not automatically fall into this category.

Even corona is confidential

During the time of the coronavirus, legislation continues to be the same: the employee is not required to reveal facts on their health, and the employer cannot pass on the reason for an employee’s absence.

Anja Lahermaa points out that if an employee suspects having the coronavirus, they should consider it their obligation to protect their colleagues and thus communicate this suspicion. On the other hand, there may be fear of the person in question being labelled as sloppy or careless with their health.

According to Lahermaa, a certain workplace ordered employees to work from home without revealing who the infected one was.
The law states that the employer has the right to process information relevant for the employee’s working ability, but the data must be gathered from the employee, for example from occupational healthcare, and with their written consent. Otherwise, the employee is not required to discuss their state of health.

“If an employee has depression or anxiety and is seeing a therapist and taking care of their duties, there is no reason for them to disclose this,” Lotta Savinko says.

Mari Koskinen points out that an illness may come up if it causes the employee to take a sick leave.

“The employer has a right to direct the employee to occupational healthcare for a medical examination,” she specifies.
Koskinen reminds that one’s state of health is not something to discuss on your social media accounts, even if the employer is not allowed to examine them.

Atte Rytkönen from the Federation of Finnish Enterprises states that it is only human to react to new information on an employee’s state of health.

“Yet if the change in health does not affect work performance, it should not influence the behaviour of the employer or work community,” he says.

Business activities need to be disclosed

An employee has to disclose any business activities of their own and go over it with the employer. Naturally, the business cannot compete with the employer. There needs to be a discussion with the employer on how the employee will arrange their time between their work and business.

The employer does not generally need to know where the employee lives or moves. 

If the employer and employee handle matters electronically, there is no need to provide an address, but an address is required for payment of wages. When working remotely, an address must be provided for insurance purposes.
The Act on the Protection of Privacy in Working Life also applies to e-mail. If the employee is on vacation or otherwise prevented from entering the workplace, their e-mail messages may be opened only on work-related matters and even then in the presence of witnesses.

An employee is not obligated to tell about any plans to apply for a new job. It is recommended that employees give their notice only when a new contract has been signed.

“The employee should evaluate whether the information would be important for the employer and help them prepare in advance for the employee’s departure and finding a new person.