If no new agreements are created by the end of the old agreements, a state of non-agreement will begin. The employment terms will remain the same and the payment of salaries will continue as normal.
However, there is no longer an obligation to maintain industrial peace, which means that there is no longer a legal obstacle to industrial action, such as walkouts or strikes. Neither party wants industrial action, but sometimes it cannot be avoided.
Organisational measures include:
- Readiness for organisational measures
- Demonstrations
- Ban on overtime and shift change
- Strike
- Application ban or embargo
- Lockout
- Solidarity strike
These measures can be used together or separately.
How do I get information about organisational measures?
Possible industrial action is widely announced in OAJ’s communication channels. Members will also receive information about this directly in their own e-mail and by text message to their phone. Membership letters are another important communication channel. We usually send these directly to the members’ e-mail addresses once a month.
If you do not get our membership letters, please check your membership information or contact us. It is not advisable to solely use an e-mail address obtained through the employer, as it is possible that the employer will block access to the workplace’s e-mail during industrial action.
Check your contact details in My Profile
Industrial peace prevails during the agreement period
Collective agreements are always negotiated for a fixed term, usually for a few years at a time. At the same time, industrial peace is agreed upon. During industrial peace, any strike or other form of industrial action taken against the employer is illegal. This means the agreement system guarantees stable development of working life and societal peace for the duration of the agreement.
Once the agreement period has ended, industrial action is permitted. At this point, the right to strike is the basic right of every member of the organisation.
However, a strike or similar action can only be taken on weighty grounds, and an individual person cannot independently go on strike; the decision is made by OAJ’s Council or, as delegated by the Council, by OAJ’s Executive Board.
It is necessary to maintain constant readiness for industrial action. Usually, an organisation’s readiness is strengthened already before the end of the agreement period. Readiness for organisational measures cannot be built by OAJ’s Executive Board alone – it requires active associations and the involvement of every OAJ member.
Readiness for organisational measures
Organisational readiness refers to the union’s readiness for organisational measures aimed at speeding up collective agreement negotiations. These measures can include strikes, demonstrations and bans on overtime and shift change.
Demonstrations
OAJ associations may organise demonstrations to support agreement negotiations. In connection with strikes, demonstrations that highlight community are often organised. In these demonstrations, the parties involved in the strike talk about their goals and objectives.
Before the actual strike, demonstrations can be organised outside working hours. During strikes, they can be organised in the middle of the working day.
Demonstrations are often used to take a stand on the current negotiation situation, display solidarity with the negotiators and display the unity of the organisation. It is common to organise demonstrations in such a way that they have an impact on public opinion.
Political demonstrations
Political demonstrations or political strikes are used by employees to put pressure on political decision-makers. Thus, the industrial action does not target the employer or the valid collective agreements.
Political demonstrations are not regulated by law; the right to a political strike is based on the principles approved by the International Labour Organization (ILO) under the UN, to which Finland is committed. According to the ILO, trade unions must have the opportunity to go on protest strikes and express their opinions on societal issues, even when they are not directly related to the matters agreed in the collective agreements. Employers are also committed to the ILO agreements and principles.
A political demonstration may include various measures. It can be directed at the country’s government, parliament or political system, for example. A political demonstration can be a coordinated walkout, a demonstration or a strike lasting for a certain period, for example.
According to the recommendation of the central associations, the National Conciliator and the employer must be notified four days before the start of the strike.
The legal position of civil servants and employees is different in political industrial action situations. During the validity of agreements, civil servants have an obligation to maintain industrial peace.
However, the employer cannot in either case prevent the personnel from participating in a political demonstration decided upon by an association. Participation in industrial action does not result in any consequences for employees or civil servants in an employment relationship who belong to associations participating in the organisation of the industrial action, other than the loss of salary or other benefit under the collective agreement for the working time spent on the demonstration. The association is always responsible for any possible consequences.
Ban on overtime and shift change
A ban on overtime and shift changes is one of the organisational measures the employee side can take in order to speed up contract negotiations. The ban can be either fixed-term or valid until further notice. The ban obligates all OAJ members subject to the ban to participate in the measure.
The ban on overtime and shift change only concerns employees in an employment relationship. In accordance with the legislation, it is not possible for a civil servant to be the subject of a ban on overtime and shift change. OAJ informs members of the start of the ban by e-mail, text message and via its website. It is therefore very important that each person’s workplace information and contact details are up to date.
The ban on overtime means that the employee refuses to work overtime. The employee performs the working hours marked in the rota, but refuses to work additional hours. After all, employers are never allowed to make their employees work overtime without their consent.
The ban on shift change means that the employee refuses to change their shifts. The employee follows the start and end times of work marked in the rota as they have been confirmed in the rota. For example, an early childhood education teacher should not agree on changing their midday shift to a morning shift for the following day.
Read the Frequently Asked Questions regarding the ban on overtime and shift change
A strike is the ultimate negotiation tool
Negotiations are aimed at reaching consensus and agreement right up to the last minute. For this reason, there have been few strikes in the education sector. However, there have been several difficult rounds of negotiations, where the mere threat of a strike has been enough to increase the pressure to reach an agreement.
The association decides on work performed under strike
If a strike is necessary, the association decides on the target, time and duration of the strike so as to make it is as effective as possible. OAJ’s Council or its delegated OAJ Executive Board makes the decisions related to the strike. The limits of the strike are stated in the notice of strike.
Only work tasks are subject to the strike, not the persons. When an association decides on work subject to a strike, each member must comply with the decision made by the association.
An individual employee cannot be accused of a decision made by the association.
Those on strike shall receive a strike benefit from OAJ for the period of the strike. Its size is decided by OAJ’s Executive Board. The amount of the strike benefit is 180 euros per strike day.
Participation in a strike is a fundamental right of every member
The right to strike is a constitutional right in a democratic society, the restriction of which is a serious offence. Violation of the freedom of association is punishable under criminal law.
Employers cannot ask teachers or supervisors whether they belong to a trade union or whether they intend to go on strike. The right to strike applies not only to all teachers, but also to all supervisors. Only the chief executive or highest management of the municipality, for example, represents the employer during the strike.
Juko and/or OAJ define the strike limits for OAJ members and are responsible for the choices made. The employer does not have the power to determine who is allowed to go on strike and who is not.
There are no legal obstacles for an individual member with regard to striking. The finances of members are secured with a strike benefit, which in the case of OAJ is significant, at 180 euros per day.
Freedom of association, and the right to strike as an integral part of it, is a fundamental employee right in a democratic society. That right is based on the case law of the International Labour Organization (ILO) and the European Court of Human Rights. The freedom of association of employees is guaranteed by the Constitution of Finland.
A notice of strike must be given to the employer and the National Conciliator two weeks before the start of the strike. The National Conciliator has the statutory right to postpone the strike for two weeks without the employees being able to influence the postponement.
A strike benefit is paid during the strike
Salaries are not paid during strikes, but members shall receive a strike benefit from OAJ. The benefit is compensation for all working days lost, including weekends. The strike benefit is taxable income. The amount of the benefit is decided by the organisation’s Executive Board.
Frequently asked questions about the strike
Application ban or embargo
An application ban or embargo is a fixed-term measure decided by a trade union that prohibits or urges members not to apply for work with an employer subject to the ban or embargo.
The measures are forms of legal industrial action by employees in a civil service relationship, even in the event of industrial peace, because they are not aimed at influencing the valid collective agreement or its amendment. The association is responsible for their implementation.
If the application of an application ban or embargo is considered either locally or regionally, the OAJ office must be contacted immediately for more detailed instructions. Ultimately, the decision to impose a ban is made by OAJ’s Executive Board at the request of the regional or local association.
Solidarity strike
A solidarity strike refers to a strike aimed at displaying solidarity with those on strike in another sector or at another unit. A solidarity strike is a form of legal industrial action if the necessary advance notice periods and formalities are met.
Employer’s organisational measures
The employer may also use industrial action to speed up negotiations. A lockout is a measure that the employer can take to have an effect similar to a strike. During the lockout, the employer prevents the employees from working. The opposing party and the National Conciliator must be notified of the lockout two weeks before the lockout is to be implemented. It is possible to use the lockout either fixed-term or on individual days, for example. The lockout can also only apply to members of a trade union and only to those working for certain employers.
The employer side has used the prohibition of employer collection of trade union membership fees from its own employer members as means of exerting pressure. The employer can also collect the tools it has provided, such as mobile phones and computers, from employees during the strike and prevent them from accessing the workplace premises or even prevent the use of occupational health care during the strike.