The basic rights of journalists at work

Before making an employment contract it is worthwhile to find out whether your employer operates an agreement on copyright in the company. This can be best answered by the fidelity representative of the Union of Journalists in Finland.

Employees are entitled to join a trade union, seek help from shop stewards and exert an influence on their own working conditions.

A written employment contract

An employment contract can be made orally, in writing or electronically. It is preferable to make the employment contract in writing, so that the terms of working are clear to both the employer and the employee. The employment contract is made until further notice (=permanent job), unless there is a justifiable and acceptable reason for fixed-term employment. Acceptable reasons for a fixed-term employment contract include e.g. temporary posts, temporary duties and projects or practical training in connection with studies. If the employee himself/herself suggests a fixed-term employment, no reasons have to be given. It is possible to make several fixed-term contracts in a row, as long as there is a justifiable reason as mentioned in the law for each fixed-term contract. With the expiration of the period, the employment relationship also expires. If a fixed-term employment contract has been made without a justifiable reason, it shall be considered to continue until further notice.

A non-fixed, or open, employment contract will only end once notice is given. The periods of notice are sometimes agreed on while making the employment contract. If nothing has been agreed, the period of notice will be determined according to the regulations of TES or the Contracts of Employment Act. Employment security regulations protect employees from illegal lay-offs. If the employer terminates the employment contract, there must always be a substantial reason.

The minimum content of an employment contract

A written employment contract must include the most important terms of the working relationship. These include main tasks of the job description, salary, working hours, annual holidays, and the applicable collective agreement. If these main terms have not been covered in the employment contract, the employer must provide a separate account of them. Part-time employees and those on a fixed-term contract should remember that the employer must not apply less favourable terms on them compared with the other employees merely because the duration of the employment contract or working hours are different.

An employment relationship may last for a day or several months, and the working time may be just a couple of hours a day. In radio and television work, those working on an hourly rating and programme employment contracts are included in an employment relationship, although, in practice, people working on such contracts are called freelancers. Some assistants to the press also have an employment contract, but most operate as self-employed freelancers.

Collective agreement (TES) and the law

Journalists working under an employment contract are protected by the collective agreement of the industry and company-specific local agreements. If you work in a company that is not obliged to comply with TES, the terms of the employment relationship are determined according to current labour legislation and the employment contract you have made. Although the provisions of the employment contract are usually binding, sometimes TES or the law may supersede employment contracts that are disadvantageous to employees. For instance, an employment contract cannot set the salary below the minimum wage provisions of a generally binding TES.

It is always possible to agree on working terms that are better than those determined by TES. For people covered by TES minimum terms have been agreed that are nearly always better than statutory terms. Many faults can be remedied by the current agreements, as long as they are complied with. Information about the varying social benefits offered by companies is available from the supervisor or shop steward.

Copyright

A variety of material is created in journalistic work that fulfils the definition of work and is protected by copyright. The Copyright Act protects works that meet the criteria of creativity and originality, such as written works and photographs. Unprotected material includes small news items, different fact lists, ideas and data. The fact that much time has been put into a particular piece of work does not enable copyright protection. The copyright belongs to the author of the work regardless of the conditions (in an employment relationship or at leisure) in which the work has been created.

If copyrights have been collectively agreed on in the workplace, the extent of surrendering copyright and the compensation for surrendering are determined in accordance with the existing copyright agreement. If there are no local agreements, the TES regulations concerning copyright are used. Such regulations are given in the collective agreement of printed media.

If you work for a business in which there are no valid collective agreements, and nothing has been agreed on surrendering the copyright in the employment contract, the employer usually has the right to use the works in his or her regular operations. While using the works, the following must be taken into account: journalist’s instructions, respect for the author’s moral rights (such as mentioning his or her name), and the rights of any third party (someone interviewed).

According to the Copyright Act, the author decides on the use of the work, gives permission for its use and oversees the moral rights. If nothing has been agreed on copyright, the agreement on delivery and terms of sale applies the first publication right and free right of use in the buyer’s own operations. Hence freelancers should take care that they also agree on copyright accurately enough for each assignment.

As a result of the development of media groups and multimedia, it is increasingly important to ensure that journalistic material is used in line with agreements. Nowadays, most newspapers have online editions, and the companies often own other media as well.

The right to training

Journalists employed in printed media are entitled to two days of training every year. This training is paid for by the employer. The employee must always agree on the training with his or her supervisor.

The Finnish Broadcasting Company Yle and MTV3 grant paid training leave. Leave can be granted by application to Finnish Broadcasting Company employees who have worked full-time in the industry for at least 10 years, and at least 5 of these with the Company. MTV3 programme employees who have worked in the company for more than 3 years are entitled to apply for leave for further training.

Channels of influence and providers of assistance

Employees should agree on all matters primarily with their supervisors. In case of problems, assistance is available from the shop steward, occupational health and safety representative and the Union of Journalists in Finland.

The main duties of shop stewards are to supervise compliance with collective agreements and laws, general supervision of members’ interests and maintaining good industrial relations. Shop stewards are there to assist if workplace disagreements on salary, working hours, holidays or copyright issues arise. They can raise almost any problem at the workplace. The position of shop stewards is guaranteed by the right to interpret agreements, the right to negotiation, the right to receive information, and the right to make local agreements. It is worth asking for help and advice from the employees’ representative already before the matters escalate into disagreements.

Occupational health and safety representatives are also in a very strong position. They represents the employees and oversee that the work does not endanger or harm the health of employees. Their duties range from controlling overtime to assessing risks and issues related to the working environment. Other important areas include coping at work and working capacity maintenance activities. The delegates have all the rights provided by law. Nevertheless, the responsibility for industrial safety always lies with the employer. The company must arrange occupational health care and keep the industrial safety programme up-to-date. There must also be a programme for working capacity maintenance activities at the workplace.

Employees must also oversee their own interests. For instance, each employee is largely responsible for following the agreements and working hours, as well as for controlling different bonuses and remunerations for overtime. If you have doubts about the amount or justness of your wages, contact your shop steward.

Mutual flexibility in working life is in itself not a bad thing, but one-sided flexibility may lead into a serious distortion that may be difficult to alter as work pressure mounts. You can and should stand up for yourself in working life.

Some of the problems are so complicated that shop stewards are unable to solve them. These may include details of legislation or precedents. Members of the Union of Journalists in Finland can use the services of the Union’s lawyers. The department plays a key role in monitoring interests in the workplace.

Employees are involved in developing the workplace

Co-operation in the workplace should not be viewed narrowly as just a co-determination procedure. Employees have many opportunities to influence daily working life at different levels. Co-operation is interaction.

You can assess your own work personally with your supervisor, for instance, at regular development discussions. Unambiguous agreements on tasks and duties are necessary in order to determine that your salary is correct. You can also get the help of your shop steward in personal discussions.

Editorial offices usually have their own regular meetings where the staff can raise issues they wand to discuss. Issues handled jointly in this way include personnel and training plans.

Part of the issues to be handled with the staff in accordance with the Co-determination Act are information issues, while some are changes or plans that affect the staff and require a co-determination procedure.

At the company level, employees can influence through administration and personnel representatives of working parties, as well as the co-determination procedure committee.

According to the Co-determination Act, different essential changes affecting the personnel must be handled with the staff. These may include, for instance, transfer of duties, working space arrangements or changes in methods of working. Under the co-determination procedure, the employer must discuss the reasons, effects and alternatives of measures with those involved before taking any decisions. Items of common planning that are important for the staff include ways of working and working shifts, the number of staff, working hours, premises and equipment, as well as training.

Occupational safety and health are also part of a company’s co-determination. The company needs to inform the staff about e.g. the financial situation and any deviations in the expected development. In addition to the need for own staff, the personnel plan should show the need for subcontracting and freelance work.

Good journalistic practice

Reporters and photographer must not be made to perform tasks that violate good journalistic practice or their professional ethics. Journalists do not have to write anything that conflicts with their own convictions. Their refusal to do such tasks must not lead to any sanctions. The policy of the publication/newspaper must be followed. The publisher must define the policy clearly enough in writing.

Reporters and photographers do not have the right to use the paper’s journalistic columns for advertising, and they must not be made to do so.

What if the work ends?

If the work ends as a result of termination of the employment relationship by the employer, it is possible to have the fidelity representative check the legality of the reasons for notice.

Unemployment allowance is paid to a person who

• is registered at the employment exchange office
• is seeking a full-time job
• is capable of working but unemployed
• is available to the labour market
• could not be provided a job or training

Unemployment allowance can be paid after a waiting period of seven working days at the earliest. Paid leave and other such benefits comparable with the salary paid by the employer in connection with the payoff are divided into periods, and unemployment allowance is not paid for that time. If the employee gives notice, the waiting period of unemployment allowance is also prolonged.

The amount of earnings-related unemployment allowance is determined according to the salary of about 10 working months preceding the unemployment. The amount of the unemployment allowance is calculated by the unemployment fund. The following affect the amount of unemployment allowance:

• duration of membership in the unemployment fund while at work
• earnings level preceding the unemployment
• the way the employment relationship has ended
• any agreements made in connection with the termination of employment

The employment exchange office sends a labour policy statement on the job seeker’s right to unemployment allowance to the unemployment fund. So it is worthwhile to register as an unemployed job seeker as soon as possible, on the first day of unemployment at the latest. Earnings-related unemployment allowance is paid through the unemployment fund, so you should also contact the unemployment fund.

Additional information about making an employment contract, interpretation of collective agreements and labour legislation, as well as any issues related to influencing at the workplace is available from the shop steward at your workplace and the occupational health and safety delegate. The collective agreement advice helpline will answer during weekdays from 1.00 – 4.00 p.m. The telephone number is 044 75 55 000.