We do not have an employee representative, such as a shop steward. Why is one needed, should we have one and how is a shop steward elected?

Our employment lawyer answers

A shop steward refers to a representative of the personnel elected from among the employees on the basis of the collective agreement. The shop steward is elected by election.  The shop steward’s duties are to represent the employees covered by the collective agreement. The shop steward both collectively represents employees in matters concerning the application of labor legislation and the collective agreement and assists individual employees. In addition, the shop steward promotes relations between the employer and employees and maintains good dialog.

The shop steward takes care of representation in the preliminary clarifications, consultations and negotiations in accordance with the Act on Co-operation within Undertakings prior to lay-offs or dismissals. In order to guarantee good industrial relations, shop stewards are protected against dismissal. Therefore, they dare to bring up matters that others might be hesitant about.

The shop steward is usually paid a shop steward’s compensation on the basis of the collective agreement. The shop steward receives training from their union and negotiation organization (JUKO or YTN). They are usually compensated for their loss of earnings for the duration of the training, depending on the collective agreement.

Employees who do not have a shop steward as referred to in the collective agreement may elect an elected representative from among themselves. The duties and powers of the elected representative are laid down in labor legislation. In addition, employees may, by a separate majority decision, authorize the elected representative to represent them in matters concerning employment relationships and working conditions specified in the authorization. The elected representative is also protected against dismissal. The elected representative has the right to receive the information necessary for the performance of the duties referred to in legislation and sufficient time off from their work. The employer must compensate for the loss of earnings caused by this.

Every workplace should have an elected employee representative – either a shop steward or an elected representative. If no personnel representative has been elected, everyone will have to handle their matters alone and without dismissal protection. This is particularly difficult in change negotiation situations, for which at least one cooperation representative should be elected if no shop steward or elected representative has been elected.

Why is a shop steward important right now?

1. It is advisable to select an employee representative for the workplace

There is a lot going on in working life, and a shop steward or elected representative should be elected for each workplace at this point at the latest. Good negotiation relationships with the employer provide help through difficult times. Professionals of Business and Technology will advise on how to elect an employee representative.

2. Employee representatives are protected against dismissal

The employer may dismiss a shop steward or elected representative on grounds related to their person only if the majority of the employees represented by the shop steward or elected representative give their consent. The employer may terminate the employment contract of a shop steward and elected representative on financial and production-related grounds only if the duties of the shop steward or elected representative cease completely and the employer cannot arrange for them work that corresponds to their professional skills or is otherwise suitable for them or train them for other work in a manner that is appropriate and reasonable for both parties.

3. Things will happen in 2025 – follow the information on legislative amendments

We, Professionals of Business and Technology, and our central organization Akavawill provide information on legislative projects and legislative amendments. In addition, shop stewards also receive training on legislative amendments through our negotiating organizations (JUKO or YTN).

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