Foreign wild-berry pickers now subject to seasonal work rules: legislative amendment combats exploitation and human trafficking

Following legislative amendments that entered into force on 17 February, wild-berry picking carried out by foreign nationals is treated as seasonal work. Companies must hire foreign berry pickers for a contractual employment relationship to enable them apply for an entry permit to Finland. In future, berry pickers will apply for a seasonal work visa for stays up to three months.

The Seasonal Workers Act will apply to wild-berry picking starting from the 2025 harvest season. In future, companies must hire berry pickers for a contractual employment relationship to enable them apply for a visa or residence permit for seasonal work.

In practice, an employment relationship was required already last summer when berry pickers applied for a residence permit for an employed person issued by the Finnish Immigration Service. The recent legislative amendments enable berry pickers to apply for a seasonal work visa or a seasonal work permit this year.

Berry pickers seeking to stay in Finland for up to 90 days apply for a seasonal work visa at a Finnish mission. The Ministry for Foreign Affairs is responsible for processing the applications.

Some of the conditions for granting a seasonal work visa differ from the conditions for a tourist visa. Applications are processed with precision and special attention is paid to the risk of exploitation. The Ministry for Foreign Affairs has a duty to take preventive measures if there are indications of work-related exploitation and human trafficking.

The Finnish Immigration Service issues residence permits for seasonal work that lasts between three and nine months. Applications can be submitted at Finnish missions. Nationals of visa-free countries can apply for a certificate for seasonal work at the Finnish Immigration Service.

Countries of origin may lay down conditions for berry pickers in accordance with their legal provisions. The authorities of these countries monitor compliance with the conditions. The Ministry for Foreign Affairs or Finnish missions do not negotiate these conditions on behalf of employers.

As part of its regular monitoring of the use of foreign labour, the occupational safety and health authority monitors the right to work and the minimum terms of employment of foreign wild-berry pickers who have entered Finland with a seasonal work permit. Improving the status of berry pickers is part of the Government’s Action plan for preventing work-related exploitation.

The Government will monitor the effects of the changes and, if necessary, introduce further measures to combat exploitation in the berry sector.