Help and support for all members – “The union’s legal aid covers all legal costs”
TEXT ANTTI HYVÄRINEN PHOTO TUUKKA RANTALA
In the event of problems in the workplace, members of the Industrial Union can turn to the union for assistance. The shop steward and the union’s experts can offer advice. If necessary, the union will represent the member in court.
Most unclear situations that arise during an employment relationship can be settled amicably. We recommend that the worker first contact their supervisor and, if necessary, seek advice and support from the workplace’s shop steward or the Industrial Union’s experts.
In the initial phase of a dispute, the union can provide advice. It is also common for unresolved disputes in the workplace to be settled out of court once the demands are presented in writing with the support of the union.
“It pays to be open to a possible settlement, because seeing a dispute all the way to its end takes years and can take a surprising toll mentally,” says Susanna Holmberg, Interim Manager of the Industrial Union’s Legal Department.
If no settlement is reached and the member wants the union to take care of the case, the member must give written consent by power of attorney and submit a legal aid request to the union for assessment.
DISMISSAL AND WAGES COMMON CAUSES FOR DISPUTE
Members may receive a assistance from the union for managing legal matters arising from the employment relationship or the member’s activities in the union and the local branch. Legal aid can also be provided in claims for damages for workplace accidents and occupational illnesses.
The decision whether to pursue a case is made at the discretion of the union’s Legal Department. In practice, this means investigating whether the evidence is sufficient and whether there are grounds to present the claim in court. In order for legal aid to be granted, the employer must have acted in violation of the law or a collective agreement or other agreement.
It’s worth being open-minded about reaching a settlement.
The decision whether to grant aid is always based on legal factors and the member’s interests, which means that aid is granted if the case is believed to have any chances of success.
“The conditions for granting legal aid are defined in the rules of the union and followed by the Legal Department when assessing legal aid,” Holmberg says.
A typical dispute received by the Legal Department of the Industrial Union has to do with the termination of employment, in which the question is whether the grounds for termination have been sufficient. Disputes related to unpaid wages are also common.
To ensure that the evidence is sufficient, it is advisable that the member holds on to all payslips and other documents and writes down what they have discussed with the employer. Similarly, it’s a good idea to remind coworkers who may be later called to testify as witnesses that they make sure to remember the details.
GOING TO COURT TAKES TIME AND MONEY
Without the union’s legal aid, taking a dispute to court is a huge financial risk to the employee. The costs of taking a typical employment dispute into court are often in the tens of thousands of euros.
In practice, the financial risk posed by enormous legal costs makes it impossible to take a case against the employer to court if the worker is not a member of a union.
“The union’s legal aid covers all legal costs, including the other party’s legal fees in the event that the case is lost. In other words, the member does not need to pay any legal fees from the case,” Holmberg says.
Besides money, court cases also take time. It is more a rule than exception that court cases are appealed to the Court of Appeals.
As a rule, members should be prepared for the legal process to take at least two years. The processing times vary depending on the court. If the case does not go beyond the district court and there is no wait time, the legal process can be over in just one year. Similarly, disputes that are settled in Labour Court usually take about one year.
CREDIBLE AND COMPREHENSIVE LEGAL AID
Questions that concern the interpretation of collective agreements are mainly settled in Labour Court if the employer is a member of the employers’ organisation or the employment relationship is governed by a company-specific collective agreement.
For non-unionised employers, the is taken to the district court, which may request a statement from the Labour Court.
From the employee’s perspective, access to credible and comprehensive legal aid is important, and the union’s aid also acts as a deterrent. Employers are motivated to comply with laws and agreements when they know that violations will be addressed with the trade union’s support.
Comprehensive legal aid gives the union the ability to have a wider impact on the working life by also taking on cases where the likelihood of winning is less certain, but the issue is important to the union’s membership as a whole.
