Industrial action by the Negotiation Organisation for Public Sector Professionals JUKO at the University of Helsinki on 28 February 2018
JUKO, the Federation of Salaried Employees Pardia and the Trade Union for the Public and Welfare Sectors JHL will begin to exert pressure in order to have in place a collective agreement covering the universities.
The industrial action in question will be conducted as a strike at the University of Helsinki on 28 February 2018 from 0.00 to 24.00.
Who will participate in the strike?
All members of the unions included in the collective labour agreement for universities, or the Negotiation Organisation for Public Sector Professionals JUKO, the Trade Union for the Public and Welfare Sectors JHL and the Federation of Salaried Employees Pardia, will participate in the strike.
The strike does not apply to:
- the necessary treatment of people, animals, samples and live collections, on-call IT service duty according to section 20, chapter 4 of the collective labour agreement and the maintenance of IT infrastructure insofar as it is necessary with regard to the safety of the properties and live materials;
- such research work that, when interrupted, has the potential to cause considerable damage (e.g. interrupting a long-term series of research);
- people working or attending a conference abroad;
- doctoral candidates, their opponents, custodians; and
- university vice-rectors and representatives of the employer, chancellor, rector, director of administration and HR director.
Where can you obtain further information?
- For up-to-date information on the situation, visit www.juko.fi/yliopisto and, in addition, the following websites and social media: www.facebook.com/JUKOry and twitter.com/JUKOry
- You can follow Loimu’s information on these webpages and on social media: www.facebook.com/loimuliitto
- You can also contact the industrial action committee of your university.
Demonstrations of solidarity at other universities
- Demonstrations of solidarity will also be arranged at other universities outside working hours.
- Expressions of support can also be presented in social media using the hashtag #meolemmeyliopisto.
How does the strike affect salary payment and fringe benefits?
- Loimu has decided based on the JUKO recommendation that the union pays 50 euros/day to their members during the walkout. After taxes, the benefit will amount to 41.50 euros/day.
- Detailed instructions on applying for the strike benefit will be provided later.
Salary payment and outstanding salary falling due during the strike
- No salary or fringe benefits will be paid for the duration of a strike.
- A strike will not affect the dates on which outstanding salaries fall due. If an employee has outstanding salary accrued earlier, which falls due during a strike, it must be paid on the due date.
- When a labour conflict begins, the employer has the right to take possession, against a receipt, of the tools held by an employee, such as a mobile phone and computer, which the employee uses on the basis of their employment contract.
Can the employer make an employee redundant on account of a strike?
- The employer has no right to dismiss an employee or terminate an employment contract on account of a strike.
- However, a strike does not affect an employee’s right to terminate at any point an employment contract that is in effect until further notice.
Can employees not participating in a strike or who are not members of a union perform work that is the subject of the strike?
- Members of JUKO or another union are not obligated to perform work that is the subject of the strike; instead, they should only perform their ordinary duties.
- Similarly, on the basis of the neutrality principle, employees who are not members of an organisation that goes on strike are not obligated to perform duties that are subject to industrial action.
How does a strike affect a fixed-term employment contract or a trial period?
- A strike does not affect the duration of a fixed-term employment contract. A fixed-term employment contract will always terminate at the conclusion of the agreed period.
- When a trial period is in effect in accordance with a contract, both parties may cancel or terminate the employment contract without giving any specific reason for the cancellation or termination. However, the employer may not, even during a trial period or a strike, cancel an employment contract for a reason that could be regarded as discriminatory or which, in view of the duration of the trial period, would otherwise be irrelevant.
What if a holiday, maternity leave or sick leave coincides with a strike?
In interpreting cases involving absence from work, the main principle to be applied is the action principle of the first decisive cause. The date and time when an industrial action begins determines whether absence from work can be attributed to the industrial action or to another cause, such as annual holiday.
Affect on annual holiday
- An annual holiday that begins before a strike will continue regardless of the strike, and end on the date indicated in the holiday list. An employee returning from a holiday must inform the employer of their return and of their intention to join the strike; otherwise, the absence can be interpreted as unauthorised.
- If an employee’s holiday begins during a strike, and if the strike lasts so long that the employee is unable to take their holiday, the employer pays a holiday compensation for a holiday that the employee has failed to take, but is not obligated to pay a holiday bonus.
- In calculating an annual holiday, strike days are not counted as days equivalent to working days.
Maternity leave during a strike
- If maternity leave and the employer’s obligation to pay salary have begun before a strike begins, salary for the maternity leave is paid as normal for the strike period.
Sick leave during a strike
- If sick leave begins before a strike begins, the employer must pay salary for the duration of the sick leave in accordance with the contract.
- If an employee falls ill while on strike, salary is paid for the sick leave period only from the termination date of the strike, if the employee is still sick at that time. However, the employee is entitled to receive a daily allowance under the health insurance.