Industrial action
Industrial action refers to actions such as strikes, overtime bans, and lockouts.
Strikes, overtime bans and lockouts
Strikes and overtime bans are industrial actions initiated by trade unions. Lockouts are initiated by an employers’ association.
Industrial action is a last resort that is only used if an agreement on the terms and conditions of employment cannot be reached otherwise. Industrial action is based on the collective power of employees, and you have the right to participate in a legal strike or other industrial action called by your union without fear of negative consequences. The right to strike is strongly protected by law in Finland.
How does a strike begin?
Employees or employers may initiate industrial actions when a collective agreement is not in force. Industrial actions are usually initiated during negotiations for a new collective agreement.
If employees go on a strike, their trade union must notify the employer and the National Conciliator’s Office at least 2 weeks before the strike begins. The notification must include the grounds for the strike, its start time and its scope.
Employees can also initiate a political industrial action aimed at influencing the actions of political decision-makers. A political strike must be announced in advance and may last for a maximum of 24 hours.
Employees can also go on a sympathy strike. The aim of a sympathy strike is to help employees in another sector reach an agreement. Sympathy strikes must also be announced in advance.
A union branch, personnel association or trade union may be ordered to pay fines for unlawful industrial action and for failing to comply with their duty to supervise compliance with the collective agreement.
What is your source of income during a strike?
You will not be paid wages while you are on a strike. You will also not be entitled to any benefits paid by the employer, such as the meal benefit, during a strike.
However, you may get strike pay if you are a trade union member.
Any pay for work that you have already done will be paid to you on the regular pay days during a strike as well.
What is a lockout?
A lockout is an industrial action initiated by employers used to prevent employees from working.
The employers must notify the employees’ trade union and the National Conciliator’s Office of the lockout in writing at least two weeks before the lockout begins. The notification must include the grounds for the lockout, its start time and its scope.
An employers’ association may be ordered to pay compensatory fines for unlawful industrial action and for failing to comply with its duty to ensure compliance with the collective agreement.
The National Conciliator
The National Conciliator acts as a mediator in labour disputes with the aim of preventing the affected employees or employers from having to resort to industrial action. When a collective agreement expires, and negotiations on a new agreement are not progressing, a trade union may issue a strike warning, or an employers’ association may issue a lockout warning. The National Conciliator then begins to mediate between the social partners in order to reach an agreement and prevent a strike or lockout.
The National Conciliator will steer the negotiations even if a strike or lockout begins. In most cases, the National Conciliator submits a proposal for a compromise for the parties to accept. The trade union and the employees’ association then either accept or reject the proposal.
In Finland, mediation is mandatory, but reaching an agreement is not. This means that the trade union and the employers’ association must participate in the negotiations led by the National Conciliator, but they are not obligated to reach an agreement.
Labour Court
If a dispute related to a collective agreement arises while the agreement is still in force, the matter can be resolved by the Labour Court. The Labour Court only resolves disputes concerning collective agreements and provides other courts with opinions on these disputes.
The Labour Court may impose a fine on a trade union branch, personnel association, trade union or an employers’ association for unlawful strikes, lockouts or other violations of the relevant collective agreement. An employee may also be fined EUR 200 if they continue to participate in a strike that has been ruled illegal by the Labour Court.
The Labour Court’s decision cannot be appealed in any other court of law.