Special focus on prevention of labour exploitation in the processing of berry pickers’ applications

Like other public authorities, the Finnish Immigration Service pays special attention to the irregularities that have occurred in the wild-berry sector in previous years. The agency will take these into account when processing requests for a certificate for seasonal work and applications for a residence permit for seasonal work and in other matters within its jurisdiction.

Seasonal workers coming to Finland from a country whose citizens are required to have a visa for Finland, and who will work in Finland for less than 3 months, must apply for a seasonal work visa. If a seasonal worker comes from a visa-free country, the worker must apply for a certificate for seasonal work. Seasonal workers coming to Finland to do seasonal work for 3–9 months must apply for a residence permit for seasonal work. The Ministry for Foreign Affairs of Finland processes seasonal work visas, which are applied for by the majority of wild-berry pickers. The Finnish Immigration Service is, for its part, responsible for processing requests for a certificate for seasonal work and applications for a residence permit for seasonal work. In Finland, the working conditions of wild-berry pickers are monitored by the Finnish Supervisory Agency. Several different authorities work together to combat labour exploitation and human trafficking. 

The widespread irregularities and cases of labour exploitation discovered in the wild-berry sector in recent years will slow down the processing of requests for a certificate for seasonal work and applications for a residence permit for seasonal work this year because information on employment relationships and employers will be examined thoroughly during the processing of the applications.

“Addressing this phenomenon is extremely important. We want to promote the safety of our customers and society by preventing labour exploitation and human trafficking. Therefore, we examine applications submitted by berry pickers very thoroughly,” says Tuuli Huhtilainen, Process Owner responsible for residence permits for employed persons and seasonal work.

Residence permits are not granted if there are shortcomings in the fulfilment of employer obligations

When a customer applies for a certificate for seasonal work or a residence permit for seasonal work, to prevent exploitation, the Finnish Immigration Service investigates, among other things, the applicant’s status and dependency on the employer, the terms of employment and the employer’s ability to meet its obligations.

“If necessary, we will hear the views of both the applicants and the employers. In doing so, we aim to ensure that everything is in order and that the employee is coming to do the exact work and on the terms that we as authorities have been informed of,” Huhtilainen says.

The Finnish Immigration Service will only review register data on individual companies when there is a specific reason for reviewing the company in question. The review is usually based on a permit application that is being processed, but it may also be based on information on exploitation. This information may often be provided by another authority. That is why cooperation between different authorities is extremely important.

If signs of exploitation of workers or shortcomings in compliance with employers’ statutory obligations are detected during the processing of an application, the Finnish Immigration Service may issue a negative decision on the application. 

In some cases, the agency may also make a decision to refrain from issuing permits for employment with an employer. Refraining means that, for a period of 3 to12 months, the authorities will not grant any permits under the Aliens Act or the Seasonal Workers Act for employment with the employer in question. If a customer applies for a certificate for seasonal work, a seasonal work visa or a residence permit on the basis of work but there is a valid decision regarding the employer in question that residence permits are not granted for employment with the employer, the decision on the application will be negative.

“We can make a decision to refrain from issuing permits if the employer of seasonal workers has in the past seriously neglected its obligations. Such situations may be, for example, that the terms of seasonal employment have not complied with the collective agreement, the employer has been imposed sanctions for infringement of employer obligations or the employer has failed to meet its obligations as an employer that are based on legislation and collective agreements,” Huhtilainen says.

Media enquiries

• Tuuli Huhtilainen, Process Owner, Residence Permits for Employed Persons and Seasonal Work, email: firstname.lastname@migri.fi, tel. +358 295 433 037 (Finnish Immigration Service’s telephone number for media enquiries)
• Website: Seasonal work | Finnish Immigration Service
• Website: A visa to visit Finland - Ministry for Foreign Affairs
• Website: Certificate for seasonal work | Finnish Immigration Service
• Website: Residence permit for seasonal work | Finnish Immigration Service