Today, the Social Affairs and Health Committee of the Finnish Parliament processed the Government's legislative proposal on essential work, which also includes the debated and questionable amendment to the provisions on emergency work. According to a press release from the Committee members today afternoon, the Committee decided unanimously to request additional information on the proposal drafting from the ministry in question, regarding the provisions on emergency work, in particular.
The background for the request seems to be the severe shortcomings and irregularities in the drafting process that Tehy brought up in the police report it filed previously.
"The proposal under review was not prepared diligently. The Social Affairs and Health Committee must receive an explanation as to why it was decided to open up the provisions on emergency work given in the Working Hours Act in the regulation on mediation work, and who asked for it. The Government neglected the binding instructions on bill drafting, and the information that the Committee received from various parties was unclear," Chairperson of the Committee Krista Kiuru states in the press release.
The amendment to emergency work provisions was added to legislation in secret, it was not subjected to tripartite processing, it was not appropriately sent out for consultation, and it was also not included in the version reviewed by the Finnish Council of Regulatory Impact Analysis.
"The drafting of this proposal has been full of shady deals, and the version submitted to the Committee is a result of political control. It is wonderful that the Committee members heard Tehy's warnings about the Parliament being misled and that they do not accept such a proposal at face value," says Tehy President Millariikka Rytkönen.
The whole committee is requesting more information
The irregularities and shortcomings in the drafting led to all members of the Social Affairs and Health Committee favouring the request for information from the Ministry of Economic Affairs and Employment. The justification was that the Committee remained unclear on whether this was a case of political control instead of appropriate drafting.
"The information that the Ministry has now given is inconsistent and does not match the statements previously heard in the Committee and in the media. We also proposed an investigation into why the press release of the Ministry of Economic Affairs and Employment regarding essential work is inconsistent with the reports received by the Committee from ministries. Regardless, I am happy that the entire Committee decided to support the request for information from the Ministry about these irregularities," says Committee Member, Member of Parliament Kim Berg in the press release.
Tehy filed a police report
On Monday, Tehy filed a report of an offence with the Helsinki Police Department regarding the officials of the Ministry of Economic Affairs and Employment. Tehy is also inviting all of its members to join in on the police report. Over 3,500 Tehy members have already registered to join in under two days.
Tehy continues to encourage its members to participate in the police report. The registration is open until 30 April 2025. You can join the police report on the Tehy website, which also includes a collection of questions and answers on the topic (in Finnish).
In its press release (in Finnish), the Ministry of Economic Affairs and Employment stated that its legislative drafting was normal and that it is waiting for the police to decide on the processing of the police report.
Because of the request for information issued by the Social Affairs and Health Committee today, a police investigation seems all the more important.
Changes to emergency work are problematic
In addition to the irregular drafting process, the amendment to emergency work provisions currently being processed by the Parliament is also problematic in terms of content.
With the amendment, the Government aims to turn emergency work into a legal method to prevent industrial action. Emergency work was resorted to dozens of times back in 2022, and the supervisory authority at the time assessed that the requirements for emergency work were not met. At its worst, the new legislation would prevent nurses from engaging in legal industrial action.
Professor emeritus: The amendment encourages employers to resort to emergency work
Professor Emeritus of Labour Law Seppo Koskinen said to Yle News that the drafting clearly involved the problems brought up by Tehy.
"It is good for an external party to investigate if this constitutes an offence in office."
Koskinen says that the Government's proposal drafting and the police report filed by Tehy are highly exceptional.
According to Koskinen, the phrasing in the legislation is so broad that it encourages employers to resort to emergency work during industrial action.
Enquiries: Tehy Head of Legal Services Kari Tiainen, [email protected], tel. +358 40 500 0430, [email protected]