Factsheet for measure
FI-2020-12/815
–
Updated
– measures in Finland
Permission to derogate from working hours arrangements in critical functions
Työnantajan mahdollisuus poiketa työaikoja koskevista järjestelyistä yhteiskunnan kriittisissä toiminnoissa
Background information
The Emergency Powers Act (Valmiuslaki) (1552/2011) lays down provisions on the power of authorities in emergency conditions.
The Finnish Government, in cooperation with the President of the Republic, has declared a state of emergency due to the COVID-19 outbreak.
As a result of this, parts of the Emergency Powers Act were activated. The Government issued a decree to allow employers to respond to possible labour shortage caused COVID-19 in critical functions of society. Derogation from working hours arrangements is part of this decree.
Content of measure
Permission to derogate from working hour arrangements is a measure that may be applied to the following sectors:
1) health care
2) social services
3) rescue services
4) emergency response centres
5) police services.
This measure is not connected to any specific set of professions but it applies to all personnel working in these sectors in Finland.
If this measure is applied and the regular resting times are not followed, employers are required to pay special attention to employee's health and safety.
No financial support is provided but this measure seeks to prevent labour shortages in sectors that are critical for functions of the society.
Updates
The following updates to this measure have been made after it came into effect.
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05 July 2020
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On 15 June 2020, the Government of Finland announced that as of 16 June 2020 the COVID-19 situation in Finland no longer constituted a state of emergency. The Government issued decrees repealing the use of powers under the Emergency Powers Act. The decrees were first set to remain in force until 30 June 2020.
As a result of this, employers no longer have permission to derogate from working hours arrangements in critical functions.
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Use of measure
No information to date.
Target groups
Actors and funding
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Actors
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Funding
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National government
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No special funding required
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Social partners
Social partners' role in
designing the measure
and form of involvement:
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Trade unions
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Employers' organisations
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Role
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Unknown
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Unknown
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Form
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Not applicable
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Not applicable
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Social partners' role in the
implementation, monitoring and assessment phase:
-
Unknown
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Main level of involvement: Unknown
Involvement
The social partners were not involved in designing, implementing or monitoring this measure.
Views and reactions
Tehy and SuPer, two of the trade unions with members in the social and healthcare sector, have criticised the use of this measure by some employers. According to the trade unions, there have been cases where the measures has been used despite there not having been any urgent COVID-19 related labour shortage.
Sectors and occupations
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This case is sector-specific
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Economic area
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Sector (NACE level 2)
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O - Public Administration And Defence; Compulsory Social Security
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O84 Public administration and defence; compulsory social security
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Q - Human Health And Social Work Activities
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Q86 Human health activities
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Q87 Residential care activities
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Q88 Social work activities without accommodation
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This case is not occupation-specific.
Sources
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17 March 2020: Employers permitted to temporarily derogate from working hours and annual holidays arrangements in critical functions of society
(valtioneuvosto.fi)
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15 June 2020: Use of powers under the Emergency Powers Act to end – state of emergency to be lifted on Tuesday 16 June
(valtioneuvosto.fi)
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02 July 2020: Tehy and Super: The Emergency Preparedness Act has been misinterpreted in hospitals - employee lost a new job due to extended notice period(Tehy ja Super: Valmiuslakia on tulkittu väärin sairaaloissa – työntekijä menetti uuden työpaikan, koska irtisanomisaikaa pidennettiin)
(www.mtvuutiset.fi)
