There are different rules that apply to appointments in the public and private sector. Here the differences will be explained.
Generally, there are no rules that apply to how an employer organises his hiring in the private sector. There are, however, some limits that are bound by law and written in the collective wage agreements. The act on equal status and equal rights of women and men no. 10/2008, Foreign Nationals’ Right to work Act, No. 97/2002, and the regulation regarding the work of children and adolescents, No.426/1999 and provisions on priority rights in the collective wage agreements.
In some collective wage agreements there are provisions entailing the priority of members of certain unions to employment at certain companies or places. In those cases, the employer shall employ a member of that union if a member applies. Trade unions are also bound to be open to membership to everyone working in their territory and in the profession they represent. The provisions on priority have been interpreted like that the applicant does not necessarily have to me a union member when applying if they join the union at the start of employment.
In some ways there are the same rules that apply when a public employee is hired. But the employer of a public office must follow much stricter rules when it comes to choosing an applicant because of the appointment of the public servant. The restrictions are mainly because of sectorial law apply to workstations and if they don’t exist, the Government employees act, No. 70/1996 apply for governmental employees, provisions of collective wage agreements for municipal employees and written and unwritten rules of the administrative procedure act, no. 37/1993 for both parties.
The reason for those special rules were set for public appointments was to prevent political interference in the application process. Similar views were on appointment within the municipals, and they set their own rules based on the original rules that states back to 1954. In modern times most public employees works far away from the political power but there is still the same view on the danger of political involvement and abuse of pollical power when appointments are made within the government.
The aim of the legislation is to prevent managers in public office from abusing their power. The general rules are to be found in the administrative procedure act, no. 37/1993 for both parties. They bind the decisions taken by government and municipals on rights and obligations and therefore an appointment or termination of a public employee is an administrative decision.