Industrial Union defends migrant workers´ rights in agriculture

In theory, foreign natio­nals enjoy all the same rights in working life as their Finnish collea­gues. In prac­tice, this is unfor­tu­na­tely not always the case.

14.4.2021

The most common problems are connec­ted to seaso­nal work in agricul­ture and tourism. The Seaso­nal Workers Act defi­nes what cons­ti­tu­tes seaso­nal work and nine months is the maxi­mum time for contracts.

A direct emplo­y­ment cont­ract between the seaso­nal worker and the emplo­yer in Finland is needed. There is a special resi­dence permit for seaso­nal work for those coming from outside the Euro­pean Union and EEA countries.

Seaso­nal workers are often in a vulne­rable posi­tion. Inva­riably they depend on one single branch of work, their stay is only of a short dura­tion, the two natio­nal langua­ges of Finland sound pretty strange and the natio­nal legis­la­tion is not fami­liar. They are usually not members of the union either.

The Industrial Union also extends to agricul­tu­ral work. All too often the union gets to learn of unplea­sant cases whereby workers in agricul­ture are trea­ted badly and chea­ted out of pay or working hours.

Seaso­nal workers are not the only vulne­rable ones. There have been seve­ral cases where other foreign natio­nals in agricul­tu­ral work have been mistrea­ted cont­rary to the agree­ments and legislation.

How to act when there are problems at the workplace? First, you should discuss the matter with the emplo­yer. If this does not help, and there is a union shop steward, talk to him or her. Then you can inves­ti­gate the problem toget­her with the employer.

If this does not resolve the issue, you or the shop steward can contact the Industrial Union regio­nal office. They can also offer service in English, if neces­sary. The union can then proceed with the issue by contac­ting the emplo­yer, emplo­yers’ union or even go to the court.

At the end of last year, the Finnish Govern­ment propo­sed a legis­la­tive amend­ment to make it possible to ban emplo­yers who have been mistrea­ting foreign workers from furt­her recruit­ment. And the victim would then get a resi­dence permit to search for a new job in any branch.

This legis­la­tion is a major victory for us, says Eve Kyntäjä, Advi­sor for Migra­tion Policy at The Cent­ral Orga­ni­sa­tion of Finnish Trade Unions SAK. Unions have been figh­ting for years for such legislation.

This issue of Tekijä inclu­des a major article about the problems migrant workers face. The conclusion of the one of those inter­viewed, an Ukrai­nian agricul­tu­ral worker, is clear:

– Know your rights. And join the Union.

TEXT HEIKKI JOKINEN
ILLUSTRATION VILLE TIETÄVÄINEN