New proposal to legislate for the continuance of essential work during industrial action

At a glance

• A new government proposal is seeking to ensure essential work continues during any period of industrial action.
• Employer associations will still continue to negotiate with employers about essential work but, if agreement is not reached, legislation will ensure that critical functions continue.
• A date has not yet been set for implementation but the provisions are intended to come into force as soon as possible after parliamentary consideration.

On 13 March 2025, the government presented a proposal to Parliament, seeking to ensure that essential work continues to be performed during periods of industrial action. The legislative project stems from a 2022 Parliament resolution and is part of Prime Minister Petteri Orpo’s Government Programme.

Essential work typically refers to work that is necessary to prevent harm to life; health; work machinery or equipment; or the environment during industrial action.

At present, there are no legislative provisions covering essential work performed by employees during industrial action; the employee association participating in the industrial action decides what constitutes essential work and, if necessary, negotiations are conducted between the employee and employer sides.

The aim of the proposal is that the parties will continue to negotiate, and agree, on what constitutes essential work during industrial action. However, the new legislation will ensure that the critical functions of society can be maintained during industrial action in cases where the parties do not reach agreement for any reason.

The government proposes that employee associations will have a legal duty of care to ensure that industrial action does not directly, concretely and seriously endanger matters such as life; health; employer’s property; or the environment, and the functions necessary to safeguard them.

The legislative amendments are scheduled to enter into force as soon as possible after parliamentary consideration.