Supervision of wild berry picking: occupational safety and health authority is prepared to investigate pickers’ status

The legislative amendments that entered into force on 17 February 2025 added wild berry picking to the scope of seasonal work. This means that if berry pickers come from third countries, companies have to hire them into an employment relationship. Due to legislative amendments, pickers from third countries must apply for a seasonal work permit this year.

Picking under the Berry Act can also still be undertaken if the picker has some other right of residence in Finland and the characteristics of an employment relationship are not met.

Concern over new operators in the berry sector not knowing their obligations

Already during the picking season in 2024, the organisation of picking and pickers’ backgrounds were more diverse than in previous years. According to information received by the occupational safety and health authority, this development will continue in the upcoming season. Pickers’ nationalities might be even more diverse this year. According to official data, new companies are also seeking to enter the sector. 

“Based on inquiries received by the occupational safety and health authority and posted job advertisements, it seems that not all new operators have a good grasp of the berry sector or how to act as an employer. This is a concern to us. We encourage new operators in the berry sector to learn about employers’ obligations well in advance, for example in the Occupational Safety and Health Administration’s website Tyosuojelu.fi”, says Senior Officer Merja Laakkonen from the Regional State Administrative Agency for Eastern Finland.

Last year, all pickers in employment relationships who were encountered during supervision were from Thailand. Based on preliminary information, it seems that the range of nationalities in employment relationships may also be more diverse this year.

Inspector assesses: employment relationship or picking under the Berry Act

According to preliminary information, some wild berry pickers are in an employment relationship and some are pickers as defined in the Berry Act. During an inspection, the inspector assesses each situation and whether legislation on employment relationships or the Berry Act should be applied. The name of the contract is not decisive; instead, if the characteristics of an employment relationship are met, the employee is in an employment relationship. One of the characteristics of an employment relationship is that the work is performed under the employer’s direction and supervision.

“We are also prepared to discover situations where an employee picks berries and then sells them to their employer after the work day. In this case, the berry company is trying to simultaneously act as an employer and an actor under the Berry Act. We will pay particular attention to these cases. We’ll supervise whether the picking done during free time is actually done within the employment relationship,” says Laakkonen.

The parties to the collective agreement for rural industries have wanted to clarify the situation by agreeing on a provision in the collective agreement according to which: “If an employee who is employed to pick or collect forest berries or other natural products sells forest berries or other natural products that were picked outside their regular working hours to their employer, the picking and collection of these products shall be considered to be an activity covered by the employment contract and will count as working hours.”

Obligations of employers and operators under the Berry Act

When wild berry picking is performed in an employment relationship, the collective agreement for rural industries and labour legislation must be applied. In addition to the pickers of wild berries and other natural products, the terms of employment apply to support and maintenance staff working at pickers’ bases. The collective agreement is universally binding, which means that it applies to all employers in the sector.

When picking is carried out in accordance with the Berry Act, the company must have a decision on reliability from the KEHA Centre. In addition, the company must comply with the operators’ obligations laid down in the Berry Act.

Supervision involves close cooperation between authorities

The occupational safety and health authority has continued close cooperation with other authorities this year. Through this cooperation, inspectors get a better situational picture of berry picking. Cooperation also enables sharing information on companies operating in the sector, the number of pickers and the locations of pickers’ bases. 

This year, the occupational safety and health authority will continue its work with other authorities to supervise berry picking throughout Finland.