My employer is planning personnel reductions and there will be change negotiations held at our workplace. With whom does the employer conduct the change negotiations?

Our employment lawyer answers

All employees who are the within the scope of the change negotiations must be appropriately represented in the negotiations. In change negotiations, employees are primarily represented by a shop steward elected on the basis of the collective agreement or, in the absence of a shop steward, by an employee representative elected on the basis of the Employment Contracts Act. If the workplace does not have a shop steward or elected employee representative, the employees have the opportunity to elect a permanent co-operation representative from among their number for a term of two years.

Pursuant to the Act on Co-operation within Undertakings, employees have the option, in the absence of other representatives, to elect a co-operation representative only for specific change negotiations. Choosing such an ad hoc representative is generally not recommended, as the person in the role is not entitled to increased protection against termination of employment.

If the employees do not elect any representative for the change negotiations, the employer may, as a last resort, fulfil its negotiation obligation under the Act on Co-operation within Undertakings by providing all employees within the scope of the negotiations with the opportunity to participate in the negotiations.

In some cases, the employer may suggest to the employees that they elect more than one representative for the negotiations. While there is no obstacle to such a procedure, it is important to ensure that at least one of the employee representatives is elected to one of the aforementioned employee representative roles. Otherwise, there is a risk that the employee side is not represented in the manner required by the Act on Co-operation within Undertakings.

From the perspective of an individual employee, it is generally clearest that the change negotiations are conducted on behalf of the employees by a shop steward or other employee representative trained by the union. Even if there is currently no need for change negotiations at your workplace, it is recommended that the employees proactively elect a shop steward or employee representative, as there are only a few days to elect an employee representative when the invitation to change negotiations is received. The advocacy unit of Professionals of Business and Technology can provide assistance with the election of a shop steward or employee representative if necessary.

The tips and answers were given by Jere Vuorio, employment lawyer at Professionals of Business and Technology. 

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