Legislation on ensuring essential work during industrial action to enter into force on 16 June 2025

The legislation aims to ensure the continuity of society’s critical functions during industrial action if the parties cannot by negotiation reach an agreement on the provision of essential work during the action. The Government proposes that the President of the Republic approve the legislative amendments on 13 June 2025. The amendments would come into force on 16 June 2025.

Essential work usually refers to work that is necessary to prevent harm to life, health, work machinery or equipment and the environment during industrial action. Until now, no provisions have existed concerning essential work performed by employees in an employment relationship during industrial action.

Statutory duty of care to be imposed on employee associations

After the amendments have taken effect, employee associations will have a statutory obligation to ensure that industrial action does not directly, concretely and seriously endanger e.g. life, health, machinery or equipment at the workplace or the environment and the functions necessary to safeguard them.

The employer and the employee association must negotiate on ways to avoid any damage. In order to start the negotiations, the employer should notify the employee association of the risks of industrial action without delay.

Certain tasks or functions should be completely excluded from industrial action or, alternatively, a sufficient amount of essential work should be performed. The employer may apply to the court to prohibit industrial action in cases where the employee association fails to limit the industrial action or perform essential work as required by law. The prohibition must be limited to what is necessary to safeguard the functions.

The employer may order employees to perform emergency work if the threat of damage is so immediate that it cannot be avoided by means laid down in the law or by any other reasonable means. A damage refers to a serious danger to life, health, property, the environment, animal welfare or national security. Ordering employees to perform emergency work would be a means of last resort of the employer.

Government to monitor the effects of legislation

The legislative project is based on a resolution issued by Parliament in 2022, in which the Government was required to evaluate the development needs concerning essential work and, if necessary, prepare legislative proposals to ensure the organisation of essential work during disputes. The implementation of the resolution is part of the Programme of Prime Minister Petteri Orpo’s Government.

The tripartite working group that prepared the legislative amendments was not unanimous in its work. A consultation round was organised by the Ministry of Economic Affairs and Employment on the working group’s report from 22 November 2024 to 3 January 2025. The Government submitted its proposal to Parliament on 13 March 2025.

On 21 May 2025, Parliament approved the legislative amendments and the resolution on essential work. According to the resolution, Parliament will require the Government to monitor whether the regulation adequately ensures client and patient safety during industrial action, what possible effects the regulation may have on employees’ right to industrial action, whether the statutory duty of care and obligation to negotiate are met as required by legislation, and how the provisions on emergency work have been applied by the employer.

The Government discussed the parliamentary reply at its plenary session on 12 June 2025. The Government proposes that the President of the Republic approve the legislative amendments at the presidential session on 13 June 2025. The amendments would enter into force on 16 June 2025.

Inquiries:
Jaakko Aromaa, Special Adviser to the Minister of Employment, tel. +358 295 047 110
Nico Steiner, Senior Ministerial Adviser, Ministry of Economic Affairs and Employment, tel. +358 295 049  001 
Katariina Jämsén, Senior Specialist, Ministry of Economic Affairs and Employment, tel. +358 295 047 143