The negotiations on the application of the agreements will last for the entire agreement period when issues that remain open as to the agreements are resolved. The most urgent collective agreement negotiations take place when the collective agreements expire. This phase can take a couple of months, but it can take longer if the situation is difficult.
During the negotiations, very little information is given about the progress of the actual negotiations. Negotiations are based on mutual trust, and this trust is maintained, among other things, by keeping the communications at a minimum. Agreements are drawn up at negotiation tables, not in the media or social media, for example.
However, the progress of the negotiations can be monitored on an agreement basis as well as in the news or on the negotiation news page.
Once the agreements have been approved, we will communicate about the topic via all our channels. We communicate the contents of the agreements and their significance to our members and the rest of society.
The negotiations are continuous – the terms of employment can also be developed in the middle of the agreement period
OAJ continuously negotiates to improve the interests of its members. Once new agreements have entered into force, they are evaluated and questions related to their interpretation are resolved. This is an important part of the service the member receives; if the employee and employer disagree on the interpretations, the shop steward or other representatives of OAJ will help in reaching a solution.
After contract negotiations, there are always questions left unresolved. The employer and the employee organisation establish working groups with different time periods and contents for the agreement period, with the aim of resolving the issues selected. In accordance with the so-called principle of continuous negotiation, the parties to the negotiations may jointly develop or specify the terms of employment during the agreement period.
Unless contract assets have been reserved in advance for the development of the agreement, it is practically almost impossible to make changes to non-qualitative matters during the agreement period. On the other hand, reserving contract assets for development targets hampers future salary increases.
Contract negotiations often refer to the most urgent phase, which pertains to the expiration of the collective agreements. The aim of the negotiations is to renew the agreements and develop their content.
In these negotiations, so-called qualitative issues are usually agreed on first. Once there is agreement on these, salaries are discussed, which are often only negotiated in the final stretch.
The last weeks before the expiration of the agreements are the busiest. In the final stretch, the negotiators often end up working day and night, regardless of days off or public holidays. A negotiation result is often reached just before the expiration of the agreement.
Once everything has been agreed, the negotiations have a result. The result will be a collective agreement if it is approved by the decision-making bodies. Depending on the agreement, OAJ’s Executive Board or the Executive Board of the Negotiation Organisation for Public Sector Professionals Juko acts as the approver.
The approver depends on which party is ultimately responsible for the agreement. Usually, agreements are approved quickly, but it is also possible that the result of the negotiation is left open.
Industrial action is only possible in a state of non-agreement
While the collective agreement is in force, the employer can rest assured that industrial peace prevails. Industrial peace has been considered the most significant reason for concluding a collective agreement.
If a new agreement is not concluded before the expiration of the old agreement, a state of non-agreement begins. In this case, it is possible to take industrial action. At other times, industrial action is not possible, as there is so-called industrial peace.
The after-effect in a state of non-agreement
When there is no longer a valid collective agreement, there is a state of non-agreement. However, even after the end of the collective agreement period, certain provisions of the collective agreement will still be applicable due to the so-called after-effect.
The provisions of a collective agreement that has expired in a state of non-agreement are followed to a limited extent on the basis of the after-effect. In this case, compliance with the provisions of the collective agreement will continue as normal. The after-effect only ends when a new collective agreement is signed or when the employee and employer agree on the terms of employment. There is no separate legislation on the after-effect, but the practice has been created through common law and has therefore also been approved in legal practice.
There is no obligation to maintain industrial peace during the after-effect, so all industrial action is permitted or legal. In this case, both parties have the right to take industrial action in order to speed up negotiations and reach a new collective agreement. Compensatory fines cannot be claimed in a state of non-agreement.
Labour dispute conciliation
There is a labour dispute conciliation system for the handling of conflicts of interest related to working life. The conciliation system is intended for use by labour market organisations in order to reach a negotiation result in a dispute.
In labour dispute conciliation, the negotiators are assisted by the National Conciliator and conciliators. Central labour market organisations can also get help from the National Conciliator during collective agreement negotiations.
The labour dispute conciliation system, the conciliator’s powers and the procedures to be followed in conciliation are based on the Act on Mediation in Labour Disputes.
Read more on the National Conciliator’s website
What happens if the negotiation result or the conciliator’s proposal is not accepted?
It is possible that the governing bodies do not approve the negotiation results or the conciliation proposal of the National Conciliator. In this case, the dispute is either returned to the negotiating table or to conciliation, or the conciliator will refer the dispute to the Conciliation Board.
For this reason, it is advisable to communicate the content of the negotiations and negotiation results only after they have been approved. In the worst case, unfinished matters are reported, which in turn can affect the work of the negotiators and the final negotiation result.
Who decides on negotiations and agreements?
Members influence the negotiation objectives in many ways. OAJ organises member evenings and conducts surveys. Different associations also compile objectives. OAJ’s Executive Board, consisting of 20 people representing different teacher groups, decides on the final objectives. Due to reasons of negotiating tactics, not all objectives are communicated publicly.
Members’ wishes are heard at member evenings
Members are requested to provide more information about deficiencies in the collective agreements that should be addressed in the negotiations. The best way to get your message across is to participate in member evenings organised by OAJ or to bring one’s ideas and suggestions directly to the local association.
Local associations give the objectives to national associations and districts at their discretion, which in turn take them to OAJ’s Income and Payroll Policy Committee.
The preparation of the negotiation targets is on the agenda of the Income and Payroll Policy Committee at all meetings preparing for negotiation activities. Meetings are held roughly once per month. Ultimately, the teacher groups must formulate realistic, actual negotiation objectives between the different ideal objectives and ideas.
National associations also discuss the proposals in council groups. OAJ’s Council as a whole does not formulate individual negotiation objectives; rather, it decides on the organisation’s broader policies.
The Executive Board decides on the final objectives
After the objectives have been formulated, OAJ’s Executive Board decides on them. The Board consists of persons appointed by the members, representing different teacher groups.
The Executive Board discusses the negotiation targets at its meetings and approves the final objectives. On this basis, the objectives are specified and a negotiation strategy is drawn up.
Generally, only the main objectives are communicated to the public, but there are also detailed objectives for different teacher groups. For reasons that have to do with negotiation tactics, not all of the objectives can be communicated publicly.