Which OAJ members does this ban on overtime and shift change concern?
If a strike or ban on overtime and shift change concerns you, you have already received more detailed instruction on the organisational measures via e-mail. Follow OAJ’s newsletters, news on the OAJ website and the information channels of your local union branch.
Keep your contact details up to date
Please make sure that your telephone number and e-mail address are up to date in OAJ’s membership information so that we can send you information about the organisational measures.
You can update your personal e-mail address in My Profile. Please use your personal telephone number and e-mail address as your contact information – not your work e-mail address – as your employer may prevent your from using your work e-mail address during the organisational measures.
Frequently asked questions regarding the ban on overtime and shift change
Does the ban on overtime and shift change concern those in employment relationship or in public service employment relationship?
The ban on overtime and shift changes can only apply to employees with employment relationships. Legislation does not allow an public service employee to participate in the overtime and shift change ban.
If you are in an employment relationship, you have entered into either a written or verbal employment contract with the employer. At the beginning of the public service employment relationship, the employee receives an administrative order.
Does the ban on overtime and shift changes also apply to working members of SOOL and OSJ?
Yes.
Why is the ban on force?
The ban on overtime and shift change is an organizational action, with the help of which employee organizations strive to conclude fair contracts for employees.
OAJ's primary goal is always to conclude contracts with the employer through negotiation. Sometimes, however, contract negotiations have gotten stuck in such a difficult situation that OAJ, Juko and other employee organizations have decided to use a ban on overtime and shift changes.
There are always solid grounds for organizational actions. In the background, long negotiations have taken place, different options have been weighed, and the employee side has no other choice in the situation but to start organizational actions. Trade union membership obliges individual members to act in accordance with their union's decision.
The benefits of organizational actions are often seen in the long term. At different times, different employees have had to secure fairer contracts through strikes and organizational actions. Everyone participates in organization activities in turn. It's about solidarity towards other employees.
What does the ban on overtime mean?
Ban of overtime means that the employee does not agree to work overtime. The employee works the working hours listed in the shift list every day, but does not work longer than that. In general, the employer cannot assign overtime without the employee's consent.
What does the ban on shift change mean?
The shift change ban means that the employee does not agree to change work shifts. The employee follows the starting and ending times of the working hours entered in the shift list, as they are confirmed there. For example, an early childhood education teacher should not agree to change the next day's afternoon shift to a morning shift.
Is the ban binding?
The ban on overtime and shift change is binding on all the OAJ members. All OAJ members must participate in organisational measures in order for them to be as impactful as possible.
How long will the ban on overtime and shift change be in force?
The ban on overtime and shift change is in force for one week at a time. Please follow OAJ’s communications on the topic.
Should the overtime which has been agreed on with the employer beforehand be performed?
If you have agreed on overtime with your employer before the ban on overtime and shift change entered into force, this overtime will be performed as agreed.
During the ban on overtime and shift changes, can shift changes or overtime be accepted for the period after the ban?
Yes. The ban only concerns the overtime and shift changes during the ban.
Is the employer allowed to change the rota unilaterally during the ban on overtime and shift change?
The rota must be made available to the employees in writing at least one week before the start of the rota period. After this, it is only allowed to change the rota by agreeing or for justified reasons. If the rota is prepared, for example, for a three-week balancing-out period, all the working hours for the period must be announced one week before the period starts.
If your supervisor asks you to agree to a shift change during the ban on overtime and shift change, you must not agree to this. If there is a justified reason for the change, in such a case the employer may unilaterally change the shift without the employee’s consent before the employee’s shift has started. In this case, the action has been taken due to the employer’s decision, not the employee’s consent.
However, the employer may unilaterally change the shift for a justified reason on the basis of the general collective agreement. In this case, the employee’s shift changes. The justified reason must be requested in writing, and the employee must be asked to sign the shift list change event. It is important to remember that the employer is not allowed to unilaterally extend shifts once the shift has started. In addition, the employer cannot order the employee to work overtime. The employee must always agree to work overtime.
Can the employer use emergency or protection work as justification?
The employer determines the limits of emergency work and protection work but teaching, training or research cannot be defined as such. Emergency work can only be carried out in exceptional circumstances provided for in the Working Hours Act (872/2019).
The employer must notify the occupational safety and health authority and the Regional State Administrative Agencies about emergency work. If the employer invokes emergency work, a written notification of the emergency work must be requested to be presented.
Since the organisations have imposed a ban on overtime and shift change, employees will comply with the working hours marked in the rota as such. Unexpected absences may lead to a situation in which the early morning shift or late afternoon shift employee is absent and the ECE centre must be opened later or closed earlier. In these situations, the employer cannot state that the employee is obligated to perform emergency work. The shortage of personnel is not threatening the children's lives but the parents can be asked to pick up their children earlier.
Emergency work refers to work which is essential in order to prevent the endangering of the health and safety of citizens or to protect such property that would be especially endangered due to an industrial action.
The emergency work regulations only apply to civil servants. An employee in an employment relationship cannot be ordered to perform emergency work.
According to OAJ, work in the education, training and research field is not regarded as emergency work due to its nature.
I have agreed on standby work in my employment contract. Can I now refuse to perform standby work?
When agreeing on standby in the employment contract, the employee has also given their consent to possible additional and overtime work during the standby. For this reason, overtime during standby cannot be refused.
Do I have to agree to standby during a ban on overtime and shift change?
Only employees who have agreed in writing to be on standby, either by a written employment contract or otherwise, are obliged to agree to standby.
Can a part-time employee perform additional work during the ban on overtime and shift change?
Additional work is not covered by the ban on overtime and shift change. Part-time employees are allowed to perform additional work to the extent corresponding to full-time work. Part-time employees may perform additional work at their own discretion.
Does the ban on overtime concern flexitime?
In flexitime, the employee decides on the placement of regular working hours within the agreed flexitime limits, but working hours cannot be extended during the ban on overtime.
The employee is obligated to work only during the agreed fixed working hours. The flexitime band balance cannot be positive during the ban on overtime. It is not allowed for the employer to press the employee to work longer hours in flexitime.
Overtime may also be accumulated in flexitime. Therefore, the ban on overtime also concerns those working flexitime.
Does the ban on overtime and shift change concern chief shop stewards and shop stewards?
Shop stewards are subject to the ban on overtime and shift change in the same way as others, unless they are excluded. Shop stewards can also take care of matters related to the employee relationship of an individual member during the ban on overtime and shift change, even if they are subject to the ban on overtime and shift change.
Does the ban concern substitutes?
Yes. The ban on overtime and shift changes applies to all OAJ members who work in the contract sectors covered by the ban on overtime and shift changes as employees.
If I’m not a member of OAJ, do I still have to participate in the ban on overtime and shift change?
A non-unionised employee may take part in the ban on overtime and shift change without being sanctioned by their employer. There is no obligation to participate.
Who will receive OAJ’s strike benefit?
The ban on overtime and shift change does not entitle anyone to strike benefit, as the ban is not a strike.
Strike benefit is paid to OAJ members for all the working days for which the employee is not paid by the employer during the strike. The OAJ Executive Board will decide the amount of the strike benefit for OAJ members.