Labour exploitation – what you need to know

What is labour exploitation?

Labour exploitation is abusing people in the workplace for profit. These can be signs of exploitation or – in the most serious case – even human trafficking:

• Paying someone to get the job. Taking payment for providing a job is illegal in Finland.
• Very long days at work and few days off. Regular working hours for full-time work are 37,5 or 40 hours a week. Employees should get on average two days off per week, and also annual holiday.
• Wages are less than the contract or the collective agreement says. In almost all jobs, employees should get extra pay for evening and night work, overtime pay, and double pay for work on Sundays. Minimum wages and supplements are determined in collective agreements.
• The employer pays you in cash money. Wages must always be paid to your private bank account.
• The employer takes part of the salary back, uses the employees bank account, provides bad living conditions, or makes big deductions from the salary.
• The employer keeps the employee’s passport or restricts their freedom in some other way.
• The employer deceives or threatens the employee.

Where can I learn about my rights and get help?

There are many state and non-governmental actors who can help.

Trade unions help employees

Trade unions know the rules of working life and the specific rules and wages in their sectors. Workers in the service sector, for example as cooks and cleaners, can get advice from trade union PAM.

If you have been exploited, come to our regional office, and we can discuss your situation and how to proceed. As a PAM member, you can ask us about your rights or get help if you have a problem with your employer. Discussions with PAM are confidential. Read more about PAM’s helpline and legal aid

Information about working life in many languages can be found on the trade union confederation SAK’s site: fairplayatwork.fi

The SAK also has a free employee rights hotline: Ask for help

Victim Support Finland (RIKU)

Possible victims of criminal labour exploitation or trafficking can get advice from RIKU on how to proceed and what it might mean to report the case to the authorities. Contacts with RIKU are confidential. Read more about victim support

State labour protection

You should contact labour inspectors at the Regional State Administrative Agency (AVI), if the workplace poses a danger to the safety and health of workers or customers. Read more about state enforcement and reporting violations

National Assistance System for Victims of Human Trafficking

A victim of human trafficking can get help from the state and from NGOs. Depending on the situation, help may include for example safe housing, health care services, guidance and legal aid. A victim of human trafficking has special rights in Finland. There is a confidential 24/7 helpline that you can call if you need help or have questions. Read more

The right to stay – frequently asked questions

Some might fear deportation if they complain or leave an abusive employer. But you don’t need to stay in a job where you are mistreated or that is dangerous.

The Finnish Aliens Act (ulkomaalaislaki) allows for victims of employer misconduct, exploitation and human trafficking to apply for residence permits. If you have any questions about residence permits, you can ask the Finnish Immigration Service Migri. You can contact them anonymously, if needed.

If I get fired because I complain about my boss, will I be deported?

Losing or leaving your job does not automatically mean you have to leave the country. There are rules to allow foreign workers to leave bad employers and find a new job.

Victims of employer negligence or exploitation can apply for an extended residence permit due to misconduct of the employer. So, if Migri finds reasonable grounds to suspect that your employer has significantly neglected its obligations as employer or otherwise exploited you, you get an extended permit.

On this extended permit, you and your family can stay in Finland for one year to find another employer or to start a business. The new job can be in any field. Read more about the extended permit

To apply for this extended permit, you need to apply with a paper form and describe the employer misconduct in as much detail as possible. Migri will want to talk to you to get the facts. Decisions are made on a case-by-case basis and usually take longer than for a normal residence permit for employment.  Read more about the application process

Victims of human trafficking can get a temporary residence permit on these conditions:

• the residence must be justified by criminal investigation or court case
• cooperation with the authorities to catch the suspects
• no further contact with any suspects.

There is no limits on the right to work or study on permit for victims of trafficking. Read more about residence permit for victims of human trafficking

What is the three-month rule?

The three-month rule means that if you have a residence permit for employed persons and become unemployed, you have three months to find a new job before the process of withdrawing your permit is started. The new job can be in any field where there is a national labour shortage.

If you have you have lived in Finland for more than two years on a residence permit for work, you get six months to find new employment.

The three-month rule is not applied to furloughs (lomautus) or people with permanent residence permits, family permits, asylum seekers, EU citizens, or international students and researchers. There is no automatic withdrawal, and an individual assessment should be made in every case. Read more about when a residence permit may be withdrawn

I was working without a permit when I was exploited. Can I get legal right to stay?

You cannot get an extended permit due to employer misconduct if you did not have the right to work or only had permit for seasonal work.

But if you were a minor or exploited, you may still get a residence permit. There are some conditions:

• the residence must be justified by criminal investigation or court case
• cooperation with the authorities to catch the suspects
• no contact with any suspects.

Can my family come to Finland?

If you receive a continuous residence permit because of trafficking or exploitation, your family living abroad can also apply for residence permits.

Text: Hildur Boldt
Picture: Getty Images