Berry picking - Alasivu
The page describes the picking of berries and other natural products in an employment relationship. In berry picking where the pickers are in an employment relationship, employment legislation and the applicable collective agreement must be complied with.
Terms and conditions of employment in berry picking 2022
Support and maintenance personnel in employment relationships and, for instance, workers on berry farms, are covered by employment legislation and hence subject to the monitoring of employment relationships and working conditions by the occupational safety and health authorities.
Berry picking work in an employment relationship must comply with the collective agreement for the agricultural industry and currently valid employment legislation.
The guide ‘Terms of employment for seasonal workers in agriculture for 2022’ has been published for seasonal workers in agriculture. In addition to Finnish and Swedish, the guide is available in English, Ukrainian and Russian.
The guide was compiled by the Industrial Union and the Federation of Agricultural Employers MTA in cooperation with producer organisations, the Fruit and Berry Farmers' Association and the Suonenjoki Berry Farmers' Association.
Forest berry picking
Forest berry pickers are generally not regarded as being in an employment relationship, because their work does not satisfy the elements of an employment relationship. In order for an employment relationship to exist, there must be an employment contract where the employee commits to working under the direction and supervision of the employer in return for wages or other compensation. (Labour Council statements TN 1483-10, 3 Jun 2010 and TN 1458-14, 24 Jun 2014, in Finnish).
The status of foreign forest berry pickers is described in a memo by Jaana Paanetoja LL.D.: Status of foreign forest berry pickers (Edilex news, 25 Aug 2014, pdf, in Finnish).
Picking of natural products under everyman's rights
The Act on the legal status of foreigners picking natural products (487/2021) applies to foreign nationals collecting natural products under everyman’s rights. The Act is completely new and entered into force on 14 June 2021. The Act provides on the legal status of foreign nationals collecting natural products under everyman's rights and the rights and obligations of pickers and operators in the natural product picking sector. The Act does not apply if natural products are collected in an employment relationship.
Read more on the topic from the page Picking of natural products.