Government submits to Parliament its proposal on ensuring essential work during industrial action

On 13 March 2025, the Government submitted to Parliament its proposal that aims to ensure essential work is performed during industrial action. The legislative project is based on a resolution issued by Parliament in 2022, the implementation of which is included in the Programme of Prime Minister Petteri Orpo’s Government.

Essential work usually refers to work that is necessary to prevent harm to life, health, work machinery or equipment and the environment during industrial action. Currently, no provisions exist concerning essential work performed by employees in an employment relationship during industrial action. The employee association participating in the industrial action decides on essential work and, if necessary, negotiations on essential work are conducted between the employees’ and employer’s sides.

“Our aim is that, first and foremost, the parties will continue to agree in their negotiations on essential work during the industrial action. However, the purpose of the legislation is to ensure that the critical functions of society can be maintained during the industrial action in cases where the parties do not reach an agreement for one reason or another,” says Minister of Employment Arto Satonen.

Statutory duty of care to be imposed on employee associations

The Government proposes that employee associations would have a statutory duty of care to ensure that industrial action does not directly, concretely and seriously endanger e.g. life, health, employer’s property or the environment and the functions necessary to safeguard them.

The employer and the employee association should aim to negotiate on ways to avoid any damage. In order to start the negotiations, the employer should notify the employee association of the risks of industrial action without delay. 

Certain tasks or functions should be completely excluded from industrial action or, alternatively, a sufficient amount of essential work should be performed. The employer could apply to the court to prohibit industrial action in cases where the employee association refrains from limiting the industrial action or performing essential work as required by law.

The employer would be allowed to order employees to perform emergency work if the threat of damage was so immediate that it could not be avoided by means laid down in the law or by any other reasonable means. A damage refers to a serious danger to life, health, property, the environment, animal welfare or national security. Ordering employees to perform emergency work would be a means of last resort of the employer.

Legislative project is based on parliamentary resolution

Due to the industrial action in the healthcare sector, a temporary Act to Ensure Necessary Healthcare and Home Care During Industrial Action was enacted in 2022. When the Act was laid down, Parliament required that the Government evaluate the need to develop essential work and, if necessary, prepare legislative proposals to ensure the organisation of essential work during disputes. The implementation of Parliament’s resolution is part of the Programme of Prime Minister Petteri Orpo’s Government.

On 25 March 2024, the Ministry of Economic Affairs and Employment appointed a tripartite working group to prepare the legislative amendments. The working group was not unanimous. The Confederation of Finnish Industries (EK), Suomen Yrittäjät SY ry, and the Central Organisation of Finnish Trade Unions (SAK), the Confederation of Unions for Professional and Managerial Staff in Finland (Akava) and the Finnish Confederation of Professionals (STTK) submitted dissenting opinions. The Local Government and County Employers (KT) submitted a supplementary statement. A consultation round was organised by the Ministry of Economic Affairs and Employment on the working group’s report from 22 November 2024 to 3 January 2025.

The legislative amendments are scheduled to enter into force as soon as possible after the parliamentary consideration.

Inquiries:
Jaakko Aromaa, Special Adviser to the Minister of Employment, tel. +358 295 047 110
Nico Steiner, Senior Ministerial Adviser, Ministry of Economic Affairs and Employment, tel. +358 295 049 001

*The press release was corrected on March 13 at 14:55. Suomen Yrittäjät SY ry has been added to those who submitted a dissenting opinion.