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.
The Labour Court’s decision cannot be appealed against to any other court of law.
Industrial action
Industrial actions means, for example, going on a strike, banning overtime, or implementing a lockout.
Strikes and overtime bans are employee industrial actions. Lockouts are initiated by an employers’ association.
Industrial actions are last-resort actions, and should only be used if an agreement on the terms and conditions of employment cannot be reached otherwise. Industrial actions are based on the collective power of employees and you have the right to participate in strikes or other industrial actions with the permission of your trade union without fear that your participation would lead to negative consequences. In Finland, the right to organise a strike is strongly secured by legislation.
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 go on a strike to express their dissatisfaction or to pressure political decision-makers. Even then, the National Conciliator’s Office must be notified. The duration of grievance strikes and political strikes is usually declared in advance.
Employees can also go on a sympathy strike. The aim of a sympathy strike is to help employees in another industry to reach an agreement. Sympathy strikes must also be notified 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 supervise 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. If the negotiations for a new agreement do not proceed after the agreement period of a collective agreement has ended, the trade union may issue a strike warning or the employers’ association may issue a lockout warning. Next, the National Conciliator mediates between the social partners to find a solution that both the trade union and employers’ association are willing to agree to and to prevent both parties from having to resort to industrial action.
The National Conciliator will steer the negotiations even if the strike or lockout is started. 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, but they are not obligated to make an agreement.