Figh­ting wage dumping with collec­tive agreements

In Finland, the mini­mum terms of emplo­y­ment – like pay, holi­days and working hours – are usually agreed between trade unions and emplo­yers’ associa­tions. There is no mini­mum pay provi­sion in the legis­la­tion. This is defi­ned for every branch in their collec­tive agreement.

18.8.2021

In January this year, there were 164 gene­rally binding valid collec­tive agree­ments. This makes up more than half of all collec­tive agreements.

What is this gene­rally binding collec­tive agree­ment and how does it work? It simply means that all emplo­yers in a certain branch must follow such collec­tive agree­ment as a mini­mum level for the terms of employment.

Though the actual deal is done between a trade union and an emplo­yers’ associa­tion of that very branch, being gene­rally binding extends the vali­dity of the agree­ment even to those compa­nies which are not members of the emplo­yer association.

This guaran­tees the same mini­mum condi­tions and pay to all. It is a bene­fit for both emplo­yees and emplo­yers. Wage dumping harms both: Workers would get low pay and emplo­yers would face unfair compe­ti­tion from compa­nies which dump wages.

Many count­ries do have some kind of prac­tise of gene­rally binding collec­tive agree­ments. But the form varies a lot. In Finland, the prac­tise is quite comprehensive.

When the collec­tive agree­ment is not gene­rally binding, but so called normally binding, it is adhe­red to only by those compa­nies that are members of the emplo­yers’ associa­tion or those who sign it separately.

The latest research on the cove­rage of collec­tive agree­ments gives the figu­res from 2017. Then, 1.2 million emplo­yees in the private sector were cove­red by collec­tive agree­ments. Without the system of gene­rally binding agree­ments, 270,000 of these emplo­yees would have been left out of the mini­mum terms and collec­tive agreement.

Having a collec­tive agree­ment makes a real diffe­rence. Under the law there is no provi­sion for many of the bene­fits workers take for gran­ted. Without collec­tive agree­ments there would be no agreed pay increa­ses, no holi­day bonus, no shift bonuses, no per diem on work trips or no free holi­days during the year, like Christ­mas, Easter and Midsummer.

Not every collec­tive agree­ment is gene­rally binding. Usually, this status demands that more than half of the emplo­yees in that branch are working in compa­nies that are members of the emplo­yers’ association.

The Mini­stry of Social Affairs and Health appoints the Advi­sory Board for Rati­fica­tion of the Vali­dity of Collec­tive Agree­ments. It is compo­sed of expe­rienced judges and researc­hers and deci­des whet­her an agree­ment gets the gene­rally binding status.

TEXT HEIKKI JOKINEN
ILLUSTRATION EMILIE UGGLA