TEK does not accept the restrictions on the right to industrial action proposed in the new industrial peace legislation.
In its comment (in Finnish), TEK considers the draft legislative reforms to be ambiguous, imprecise and contradictory to existing legislation and case law.
“In the event of strikes involving professional and managerial staff, any necessary essential work has been arranged without problems, and I believe that this is a good portrayal of the situation in the private sector in general. This means that there is no need for new regulation,” summarizes Teemu Hankamäki, TEK’s Labour Market Director.
“The most problematic part of the proposed reform is the list of so-called employer’s objects of legal protection, which are vaguely defined. In practice, this is likely to lead to a broadening of the definition of essential work. The goal seems to be to allow limits to be imposed on the right to take industrial action by utilizing the current concept of essential work.”
Essential work (suojelutyö in Finnish) is traditionally defined as work that must be carried out during industrial action in order to protect the life and health of citizens or to safeguard property that is particularly at risk due to the industrial action. The employees’ associations decide on the focus and limits of industrial action, also concerning essential work.
In its statement, TEK argues that “labour market practices are well established and functioning in this respect, as is also mentioned in the proposal. TEK does not consider the new regulation necessary. In the private sector, there is currently no legislation concerning essential work, but there is a wealth of case law on the limits of the right to take industrial action, particularly in relation to protective measures. In the public sector, there is already existing legislation concerning civil servants and office-holders that restricts their right to take industrial action.”