Before my career at Tehy, I worked for 12 years at another trade union in a similar role as I do now in Tehy's legal services. During those ten-plus years, I only handled a few cases where a member suspected an illegal fixed-term contract and only a few cases of discrimination prohibited by the Equality Act.
Not once did I handle a case where both issues were present in the same dispute. I was under the common illusion that Finland is a model country for equality and a true pioneer. Little did I know.
At Tehy, my days have been filled with contacts from members and union representatives regarding everyday situations where a fixed-term contract is not renewed or a job opportunity is lost after announcing a pregnancy.
At first, these cases made me determined, and I believed I had encountered exceptional, isolated incidents – after all, the employer was often a large public-sector organisation that should be fully aware of its legal obligations. But after handling dozens of similar cases, I realised that this was actually a deeply ingrained practice in the social and healthcare sector, one that had nothing to do with equality or compliance with the law.
I have heard from members many times that, at workplaces, experienced colleagues often warn new temporary employees in advance: "That is just how it goes – once you announce your pregnancy, your fixed-term contract will not be renewed."
Few people at the start of their careers have known – or dared – to demand a new employment contract for their parental leave when the near-future plan is to stay at home with the baby rather than be in the fast-paced work environment with colleagues.
Confidence is often shaken by the fact that in the social and healthcare sector, the large public-sector employer in question may be the only one hiring in the entire commuting area, meaning that standing up for yourself could lead to negative consequences when it is time to return to work.
These are some of the reasons why these illegal practices often go unchallenged, even though Tehy's legal assistance could support members all the way to the courts. A lengthy legal battle and years of court proceedings are not what members want as an added burden to family life with young children.
Fixed-term contracts are most common among women of childbearing age
Fixed-term contracts are most commonly made with women of childbearing age in the early stages of their careers. Therefore, improving the position of fixed-term employees could also help reduce pregnancy discrimination.
The Finnish government has promised more effective measures to prevent discrimination, particularly based on pregnancy and parental leave, in its agenda.
The government is responsible for promoting the government's gender equality policy goals and preparing equality legislation. On the other hand, the same government, led by the Ministry of Employment, is preparing an amendment to the Employment Contracts Act allowing fixed-term contracts without any grounds for up to one year.
Contrary to its own gender equality commitments in its agenda, the government is tailoring a legal way for employers to try out new employees, who are often recent graduates and of childbearing age.
If the amendment to the Act goes ahead, the employer could simply choose not to renew a fixed-term contract if the employee announces parental leave within the first year.
Fixed-term contracts made for one year would not be sufficiently substantial evidence of the illegal chaining of contracts, as no special justification would be required for the fixed term. Therefore, evidence that is needed to show suspected discrimination would not have time to accumulate in such a short period. Thus, the discrimination cases enabled by the government would remain hidden, as there would not be enough grounds for a subsequent legality assessment. For this reason, a Tehy member could not challenge their suspicions, even if they wanted to, like they can at the moment when every fixed-term contract requires a justification.
I do not want to say that nothing has changed since October 2018, when I started at Tehy. Tehy has achieved more effective training and has increased awareness through various communication channels, as well as case law from the courts, and by referring to it employers have been made to acknowledge the illegalities. Numerous individual cases have been resolved without going to court.
However, there is still much work to be done to make the social and healthcare sector a role model for gender equality, where the employment relationship of a Tehy member who announces their pregnancy does not end, but they can focus on their pregnancy without the worry of their future employment situation overshadowing it.
Starting a family is already too risky for those on fixed-term contracts. The social and healthcare sector needs concrete tools to eradicate discrimination, not more sleight-of-hand tricks or empty promises, and certainly not new temptations for employers to replace a professional going on leave with a new one.
Next, I will take on the following type of discrimination cases:
Contact number 1
A member with almost five years of fixed-term contracts as a childcarer at a daycare centre in a small town, where the chain of contracts is broken during the member's pregnancy leave.
Contact number 2
A member with three substitute-based contracts as a nurse in a wellbeing county over the course of one year and seven months, with the fourth contract not being offered just before the start of her pregnancy leave and a newly graduated summer substitute being hired for the autumn position.
Contact number 3 (which arrived as I was writing this blog)
A member has worked as a nurse with 25 fixed-term contracts for various reasons for a total of three years and 10 months at an A&E of a large wellbeing county. She went on pregnancy leave in the spring, and the contract chain was terminated at the turn of the year, during parental leave, after the member informed her supervisor that she would not be returning to work immediately in January 2025.
Welcome to working life at Tehy.