Enforcement of wild berry picking: the methods of organising picking were more diverse than before

Majority of pickers under the Berry Act were Ukrainian

During the picking season's inspections, both pickers in employment relationships and pickers referred to in the Berry Act were encountered. Pickers in an employment relationship are covered by employees’ rights, including a minimum wage in accordance with the collective agreement. The Berry Act applies to pickers who are not in an employment relationship and for whom the berry company organises accommodation and catering and from whom the company buys the berries the pickers have picked.

Pickers with employment contracts had come from Thailand. In previous years, Thai pickers encountered during inspections had carried out picking within the scope of the Berry Act.

During this picking season, most of the pickers covered by the Berry Act were Ukrainian. In addition, the inspectors met pickers from the following countries: Estonia, Germany, Bulgaria, Albania, Myanmar, Sri Lanka, Kyrgyzstan, India, Nepal, Pakistan and Spain. The majority of these people had already lived in Finland prior to the work. Some Ukrainian pickers had arrived in Finland for the duration of the picking season from other European countries.

The inspectors also encountered independent pickers who organised picking and accommodation themselves and sold the berries to the buyers of their choice. If berry picking is entirely independent, its supervision does not fall within the competence of the occupational safety and health authority.

Half the number of pickers compared to last year

The total number of pickers had almost halved from what it was the previous picking season. According to the information gathered by the occupational safety and health authority, about 800 people picked berries in employment relationships this year, while around 400 people picked berries in the manner described in the Berry Act. During the previous season, some 2,000 pickers under the Berry Act arrived in Finland from Thailand, and a few hundred Ukrainians also carried out picking under the Berry Act.

According to the information received, there were 22 pickers’ bases this year, compared to 45 in 2023. Four companies had pickers in employment relationships. Five companies arranged picking in the manner referred to in the Berry Act.

Enforcement of the Berry Act: Deficiencies in induction and constant access to contact details of authorities

The obligations laid down in the Berry Act were enforced during six inspection visits to pickers’ bases. At least one of the bases maintained by each company was inspected. The inspection visits were mainly carried out in cooperation with supervision of foreign nationals by the police, and with the Border Guard. Other supervisory authorities also took part in some of the inspections.

Deficiencies in compliance with the Berry Act were observed at five bases. The most shortcomings were observed in the orientation of the pickers and the obligation to keep authorities’ contact details visible at the base. Obligations were also imposed on operators in matters such as the provision of collection equipment and gear, the operator’s obligation to cooperate and the submission of advance notifications on bases to the occupational safety and health authority.

For the first time during our four-year enforcement of the sector, inspectors also found one base where no deficiencies were observed in compliance with the Berry Act.

Enforcement of employment relationships: Supervision of wages and working hours to begin

In the case of pickers in employment relationships, the right to work was monitored and pickers were interviewed on their terms of employment.

The minimum terms and conditions of employment of pickers in employment relationships will be monitored now that the picking season has come to end and the wage and working time data are fully available for the period July–October. The information on working hours and pay received from pickers’ employers will be compared with information obtained from employees. The deficiencies observed in the activities of organised employers will be reported to the employers’ association, which supervises compliance with the collective agreement. Suspected cases of discrimination at work should be reported to the police.

Authorities further intensified cooperation in the enforcement of berry pickers

This year, several different authorities further intensified cooperation in the enforcement of berry picking. The occupational safety and health authority received information from other authorities on, such things as, the pickers’ camps.

The occupational safety and health authorities receive information on berry pickers’ bases in advance notifications, which are mandatory for those operating under the Berry Act. Companies organising picking in employment relationships must also provide information on their bases to the occupational safety and health authority upon request.

For more information on the content of occupational safety and health inspections, see the press release published on 3 July 2024: Occupational safety and health authority to supervise the rights of foreign berry pickers once again