The players’ association does not consider checking the criminal record to be justified.
Severi Lahtinen has been suspended from JYP for the time being. Vesa Pöppönen / AOP
SM league player Severi Lahtinen criminal convictions for rape and aggravated drunk driving speak volumes.
CEO of JYP Risto Korpela said on Tuesday For Central Finns, that the club did not know about Lahtinen’s drunk driving conviction. Earlier, Korpela commented to Iltalehti that the accusation of rape was not known.
Should the clubs have the right to check the players’ criminal record already when signing the contract?
Executive director of the Finnish Ice Hockey Association Risto Kauppinen answered IL’s questions by message.
Can the club check the players’ criminal records when signing the contract or during it?
– You can’t, Kauppinen wrote.
Should the criminal record be checked in advance?
– Does not like.
Would a possible criminal record check require the player’s own consent?
– You can always ask for consent, but it is not necessary and there is no reason to give it here. The nature of playing ice hockey is not such that a criminal record check would be justified in the profession.
– Obtaining a register extract requires that the employer has a statutory reason to request such information. The same applies in practice to the obligation to give consent.
Does the club have the option to terminate the player’s contract if the player receives a criminal conviction in the middle of the contract period?
– There is no unilateral possibility.
On Tuesday, Severi Lahtinen received an unconditional sentence of two years for rape. According to the district court, when all aspects were assessed as a whole, there was no reasonable doubt about the defendant’s (Lahtinen’s) guilt.
The judgment is not binding. Lahtinen plans to appeal his sentence to the Court of Appeal.
In April, the Päijät-Häme district court sentenced Lahtinen to 55 days of conditional imprisonment for aggravated drunk driving. In addition, he had to pay 35 daily fines, i.e. 1,925 euros.
Does it affect the contract?
Vice judge Olli Rauste commented on the questions raised by the case on Tuesday at a general level. According to him, things that happened during free time do not basically affect the working relationship.
The SM league player contract came up. Seasons 2020–2024 in the contract basis is a condition for public appearances (section 8.10).
– The player must behave in his private life in such a way that his lifestyle does not endanger his playing condition and fitness and does not cause negative publicity for the employer and hockey, the contract says.
Both parties have the right to terminate the player contract for very compelling reasons (11.1).
– Such a reason can be considered such a serious violation or neglect of the obligations arising from the player contract or the law of the other party and affecting the employment relationship between the parties that the other party cannot reasonably be expected to continue the employment relationship.
If JYP were to terminate the contract pursuant to clauses 8.10 and 11.1, the player could take the legality of the termination to arbitration.