Can you change a published shift roster? Consent in Finnish restaurants

What does changing a published roster mean?

It means changing a shift the employee already knows about: the start or end time, the day or the length moves. Under § 30 (2) of the Working Hours Act (872/2019) a change needs the employee's consent or a compelling reason; MaRa TES § 9 requires the consent of employee and employer.

Here is where the limit shows up: the roster went out on Monday, and on Wednesday the kitchen is one person short for Friday's closing. Everyone already knows their shifts, and moving one always affects another.

Three things make this hard. The law and the TES do not say quite the same thing. Under MaRa TES a change is made only by agreeing with the employee. A change affects more than one shift, for example rest time and supplements. The law says työvuoroluettelo (shift schedule), the TES and everyday speech say työvuorolista (roster); they mean the same list, and here we say roster.

When does the law allow a change?

Under § 30 of the Working Hours Act, the roster must be given to employees in writing at the latest one week before the period begins. After that it may be changed only if the employee consents, or for a compelling reason connected to work arrangements. Either is enough. The section does not define a compelling reason further.

With variable working time contracts, entering a shift on the roster requires the employee's consent if it falls outside the weekdays or times stated in the statement of employment terms, or exceeds the agreed minimum working time (§ 30 a (1)). Under the same section, if the employer cancels a rostered shift later than 48 hours before it starts, and the employee is not otherwise entitled to pay or compensation, reasonable compensation must be paid for the inconvenience (§ 30 a (3)).

What does MaRa TES say about changing the roster?

Under MaRa TES § 9 the roster may not be changed without the consent of employee and employer. There is no compelling-reason exception, so a change requires agreement between both parties.

Under § 34 of the Working Hours Act, a collective agreement may depart from what § 30 says about the schedule. How the TES wording and the law's compelling reason relate in practice is a question of legal interpretation, and this article does not present it as settled. A change made with consent satisfies both.

How is a change made in practice?

Propose it to the employee before the new shift takes effect. Neither section says what form consent takes, but recorded consent is easier to show afterwards. Shift schedules are kept at least until the end of the period for bringing a claim, unless the information appears in the working time records (§ 30 (1)).

1. Propose the change: old shift, new shift and the reason.
2. Check the effect: rest time, consecutive working days, period hours and supplements.
3. The employee replies, and the consent is recorded: who, what and when.
4. The new shift replaces the old one on the roster only after consent.

Example. Friday's opening shift 10:00–18:00 moves to closing 16:00–24:00. Saturday's opening 10:00–18:00 stays. Of the new shift, 6 hours fall in the evening supplement window 18.00–24.00 (MaRa TES 16 § 2), and 10 hours remain between the shifts.

Other questions about publishing the roster are under the roster topic.

What if the employee does not consent?

By the wording of MaRa TES § 9, the roster is then not changed. Working Hours Act § 30 would also allow a change for a compelling reason, but TES § 9 mentions no such exception, and the law does not define the reason further. Which rule decides in a borderline case is legal interpretation that this article does not settle. An open shift can be offered to a volunteer, so the change concerns only the person who agrees.