Overtime Ban - Instructions

Current status of collective agreement bargaining in the IT service sector

The collective agreement bargaining with the Federation of Technology Industries was broken off.  The negotiations based on the national framework agreement on pay reached last week. However, the parties' views on the way of pay rise were far apart. In addition the employers proposed weakening to the agreement.

Tietoala and UIL have declared an overtime ban in the IT service sector that will start immediately. Also leisure-time traveling in employer’s business is banned. This is of great importance to the effectiveness of the pressure put on employees.

What does an overtime ban mean?

Working time will be limited to regular hours and no overtime will be done. The purpose of the overtime ban is to add momentum to the negotiations. The overtime ban is declared for the entire IT service sector on a centralized basis. The ban will remain in force until further notice.

The overtime ban applies to all the employees working in IT service sector.

As overtime is always voluntary, employers are obligated to request the employees’ consent to any overtime. Consequently, every employee is entitled under law to refuse to work overtime. It means that there will be no breach of contract in this respect. As a result, even employees other than UIL members may, at their discretion, refuse overtime and so contribute to the creation of a collective labour agreement for the IT service sector.

By definition, overtime means work carried out in addition to regular working hours in response to a request made by the employer. If an employee wishes to work longer than regular hours and make use of flexitime, it is possible even during the overtime ban, but we stronly advice you not to. The ban applies to overtime specifically requested by the employer in order to have a given job finished. Consequently, flexitime can still be used but please remind the employees that it may not constitute what is known as ‘grey overtime’. In other words flexitime is permissible, but not recommended.

Potential action by employers

At times in the course of industrial action, efforts are made to bring pressure on employees or shop stewards to give up the struggle or resign from the union. The most flagrant cases may even be in violation of law. If such violations are suspected, it is advisable to promptly contact Tietoala, info@tietoala.fi. Under chapter 47, section 3, of the Criminal Code, employees may not be disadvantaged because of professional action. In an employment relationship, such action to disadvantage employees may involve rearrangement of work or working procedures, the timing of annual leaves or limitation of career opportunities. For example, it is unlawful to demote employees taking part in a legal strike. Such violations of law may carry a fine or a sentence of imprisonment up to six months.

Another possibility is that, in a labour dispute, the employer or his representative prevents the employee from participating in the activities of the local union chapter by threatening with termination of employment. Such action may be punishable under chapter 47, section 4, of the Criminal Code as a violation of the freedom of association. Even an attempt to do so is punishable law and carries a fine.