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27.03.2025 14:37

The right to strike – an important fundamental right

The right to strike is an essential part of a democratic society and the functioning of the labour market. It allows employees and trade unions to influence working conditions when negotiations do not produce the desired results. The right to strike applies to all employees, and restricting it is always an important question of fundamental…

The right to strike refers to the right of workers to engage in collective action and withhold their labour, i.e. to use industrial action against employers. Strikes often refer to all types of industrial action, not just work stoppages. A more correct term for the various measures would be ‘the right to industrial action’.

In Finland, the foundation for the right to strike was laid back in 1924 when industrial peace legislation was passed – which means that if there is no valid collective agreement, workers can go on strike. The Collective Agreements Act came into force in 1946 and has been revised several times, but the right to strike is something that has rarely been intervened in. Last year, however, the right to strike was restricted when it comes to political strikes and sympathy strikes, and by imposing higher fines.

The right to strike has been recognised as a fundamental right on many levels. In Finland, it falls within the scope of freedom of association in the Constitution (§ 13.2), and the right is also protected by international conventions, such as the European Convention on Human Rights and the EU Charter of Fundamental Rights. The International Labour Organisation (ILO) has protected the right to strike as part of freedom of association since the 1950s.

All employees in the workplace have the right to participate in a strike without fear of reprisal or consequences.

An employer may try to reduce the impact of strikes by offering bonuses, overtime pay or other benefits to those who do not participate in the strike. However, this is unequal treatment of employees.

A recent Supreme Court ruling (2024:47) says, that the employer had discriminated against employees based on their trade union activity by offering extra benefits to those who did not participate in the strike. According to the court, the employer was obliged to pay compensation to the discriminated employees, i.e. those who were on strike, based on the Non-Discrimination Act.

The court’s decision underlines that an employer’s attempt to break a strike by offering extra benefits to employees who are not on strike is also legally prohibited. This is in breach of the equal treatment of workers and violates their fundamental right to participate in trade union activities without fear of discrimination.

The article is written by PAM lawyer Marianne Friman.

Checklist

  • Taking part in a strike is a fundamental right of every individual. It means that employees can influence their working conditions. The employer cannot punish them for doing so.
  • Breaking a strike by offering extra benefits is discriminatory. An employer may not offer extra benefits to employees who do not participate in a strike.
  • The right to strike is an internationally protected right. It is part of the constitution, the EU Charter of Fundamental Rights and ILO conventions.

Keywords:

industrial action

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