Labor market The labor market cycle has exacerbated the use of language to the extreme and the means have also hardened – Can work be offered a “breaker bonus” and can industrial action be banned?

Employers are now attracting workers to strike jobs with bonuses and seeking bans and restrictions on industrial action from the courts.

Saako does an employer offer an extra bonus to someone who comes to work during an industrial action?

Or is the employer allowed to recruit outside labor to do strike work?

And can a court deny or limit a strike that causes serious harm to society?

Among other things, such issues have arisen and will arise when collective agreements are interrupted and the views of the parties on new agreements and even negotiations are light years apart.

Finland is not particularly sensitive to strikes by international standards today, but the ongoing language use to the extreme even before the first industrial struggles began.

The means have also been tightened so that trade unions will not agree to cut off work that is important to society outside the strike if the employer has gone to the “dictation line”.

A couple of employers, for their part, have tried to use a slightly rarer weapon, the so-called precautionary measure, and asked the court to ban or limit the industrial action.

The more intense confrontation is due to the withdrawal of employers from the forest industry and, to some extent, the technology industry from national and federal collective agreements, although they are still being concluded in most sectors.

Investigator Johannes Lamminen recalls that the right to strike is a fundamental right guaranteed by freedom of association and the Constitution. The Supreme Court has interpreted the law more and more emphatically from the perspective of international treaty obligations binding on Finland.

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Two years ago, Lamminen defended his dissertation at the University of Turku on the content, limits and protection of the right to strike. How does he answer current questions about infringer fees and security measures, that is, attempts to ban industrial action?

Despite legislation and agreements, many issues related to the boundaries and protection of the strike are ultimately open to interpretation.

For example, the Paper Association is an outraged forestry company Bonuses offered by UPM to those who come to work during the strike in an effort to break the legal labor struggle. According to the association, it is ‘contrary to international law on freedom of association and domestic case-law’.

Strikes Lamminen, who has studied extensively, does not take a direct position on today’s controversy, but says in general that, despite legislation and agreements, many issues related to the boundaries and protection of the strike are ultimately open to interpretation.

The case law has not accumulated much either, and different courts have reached different solutions.

According to Lamminen, it is unclear how much protection should be exercised not only for employees involved in industrial action but also for tasks subject to industrial action, and what opportunities the employer has to organize work in these tasks, for example with the help of external labor.

Finland only provides for the protection of participating employees.

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The employer access to outside labor is limited by international agreements in the case of a legitimate industrial action that does not violate the duty of peace at work.

A strike is legal, for example, when it concerns a collective agreement in a non-contractual state.

Exceptions to the use of outside labor are essential services, such as health care, where the lives or safety of citizens would otherwise be endangered.

For example, according to international interpretations, the delivery of mail is not such a necessary service that it could undermine the effectiveness of the industrial action.

“In the light of international agreements, the attitude towards additional compensation is negative. They can be paid for in the case of normal extra work. ”

Anywhere In an industrial action situation, the employer is not prohibited from utilizing the company’s own workforce, Lamminen says.

On the other hand, employees have the right to refuse to do strike work and the employer must not penalize it.

But can a bonus be offered for work under strike?

“That, too, is an interpretative matter, but in the light of international agreements, the attitude towards additional compensation is negative. They can be paid for if it is normal additional work, ”Lamminen estimates.

The employer There are two recent examples of applications for precautionary measures filed with the District Court.

First, the forest company Keitele Group applied to the Helsinki District Court for an interim injunction against the Automobile and Transport Workers’ Union (AKT) to terminate blockade of the company’s transports ports. This was an ACP support measure for the Confederation of Industry, with which Keitele refused to negotiate a company-specific collective agreement.

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Forest giant UPM then demanded that the district court order the Paper Association to set strike limits for the strike, which begins at the beginning of the year.

Indeed, the District Court first ordered the ACP to end the blockade with a fine of € 1 million then revoked its previous decision unfounded. For example, financial losses do not make a blockade an unreasonable measure.

UPM’s application for precautionary measures was directly rejected by the district court. Although it is still pending, it requires consultation with the other party, the Paper Association.

Investigator Lamminen does not comment on recent cases, but his dissertation shows that the Supreme Court has also given varying rulings on precautionary measures.

“It is a means for the employer to seek to ban, for example, an extraordinary struggle for compassion. The weighing related to fundamental rights takes into account whether the measure is unlawful or unreasonable in its manner, goals or consequences, ”Lamminen says of the general principles in intervening in industrial action.

However, preliminary bans on industrial action are generally held with restraint, as they may disproportionately impede organizations’ ability to act in industrial action situations, Lamminen estimates.

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