In December 2019, some 35,000 Industrial Union workers were striking for three days to advance collective bargaining. At the factory of Nokian Tyres, members of the Industrial Union and Trade Union Pro were picketing together.

We have the right to strike

13.9.2023

TEXT HEIKKI JOKINEN
PHOTO JYRKI LUUKKONEN

The right to strike is one of the most crucial instru­ments in the trade union movement’s tool­box. It is the last resort for wage and salary earners should collec­tive bargai­ning fail.

The Finnish cons­ti­tu­tion guaran­tees the free­dom to orga­nise in a trade union. The right to strike is also guaran­teed under Finnish legislation.

A strike means emplo­yees tempo­ra­rily stop work. It can be a total work stop­page or cover only some part of the work done in the company or in the branch. The union deci­des the form, length and cove­rage of the strike. A strike is always a collec­tive measure, not individual.

Emplo­y­ment conti­nues during the strike, but without salary. To compen­sate for this loss, the unions offer strike pay. The union is respon­sible for the strike, not indi­vi­dual emplo­yees. The emplo­yer has no right to pres­sure or disc­ri­mi­nate against stri­king people in any way, neit­her during the strike nor after it.

The Finnish cons­ti­tu­tion guaran­tees the free­dom to orga­nise in a trade union.

Once a collec­tive agree­ment is signed stri­kes against it become ille­gal. Emplo­yers buy industrial peace with the agree­ment, too. During that time, even short stri­kes are consi­de­red ille­gal. The Labour Court deci­des on such cases. It may also order the union or its local chap­ter to pay a fine. Indi­vi­dual union members never have to pay fines, always the union.

But, once the agree­ment expi­res, there is no legal restric­tion on stri­kes. The union plan­ning to strike must deli­ver a strike warning no later than 14 days before the start of the strike. It is given to the emplo­yer and the Natio­nal Conciliator.

There can also be fully legal stri­kes that do not focus on the collec­tive agree­ment. A sympathy strike is orga­ni­sed to show support for the strike of anot­her branch or union. It is a soli­da­rity action for people usually in a very difficult situa­tion in their own collec­tive bargaining.

Anot­her legal form of a strike is a poli­tical strike. It is not against one’s own collec­tive agree­ment but, for instance, a demon­stra­tion against some plan­ned legis­la­tion to under­mine the posi­tion of wage and salary earners.

 

Strange Govern­ment plans afoot

Since June, Finland has had a very right-wing govern­ment led by PM Petteri Orpo. It combi­nes swin­ging the balance in the labour market in favour of emplo­yers and company owners with making life harder for immigrants.

As one of their most urgent tasks, the govern­ment plans to curb the right to strike this autumn. One plan is to limit the right to conduct poli­tical stri­kes. Accor­ding to the Govern­ment Programme, this right shall be limi­ted to one day.

The same urgency concerns union soli­da­rity actions. These should be ”propor­tio­nate in rela­tion to the objec­ti­ves” and ”only affect the parties to the labour dispute”. This would mean good­bye to soli­da­rity actions for weaker unions in need.

A strange and perhaps not even legal plan is to make union members pay a 200 euro fine should they conti­nue a strike which the Labour Court has found to be unlaw­ful. The purpose of this is obviously to scare people away from joining stri­kes in gene­ral. Howe­ver, the fine would only cover those extre­mely rare cases when ille­gal stri­kes conti­nue after a court decision.

These govern­ment ideas are not yet laws. But one thing is certain, unions will defend their members’ right to strike.