Appeal from organisations: Company restraining order needed soon – serious threatening situations in customer service work and crimes against commerce continue to rise
Prime Minister Petteri Orpo’s government is committed to imposing a company restraint order. Several organisations are now calling for the promise to be put into practice. Shoplifting and disruptive behaviour in stores are on the rise, so there is no need to postpone the start of the legislative process. The new law is particularly needed to ensure work and business safety, as a number of customers repeatedly pose a serious security threat to shop employees and customers.
The amount of shoplifting and petty theft reported to the police has increased by 10 per cent over the past year and by as much as 26 per cent since 2019. In the same time period, robberies targeting commerce companies have increased by 15 per cent. The statistics are harsh and indisputable. Every shoplifting situation is a real threat that, at worst, escalates to serious violence when the act is detected. Up to 80 per cent of those caught carry a harmful object, such as brass knuckles, a knife, or even a handgun.
At the same time, inappropriate behaviour, threats and harassment towards shop personnel have increased significantly – even more in relation to thefts. According to a recent consumer survey by the Finnish Commerce Federation, Finns have witnessed disruptive behaviour from other customers in customer service situations more frequently than before. According to the 2017 survey, 36 per cent of Finns had witnessed disruptive and inappropriate behaviour from other customers in various customer service situations, and in the 2022 survey results the figure had increased to 44 per cent. Disruptive behaviour has become more common in shops, in particular, where almost every fourth customer, 23 per cent, have witnessed such behaviour, while the corresponding figure was 15 per cent five years ago.
In a 2023 survey for service sector employees, 70 per cent of the respondents had experienced harassment or other inappropriate behaviour from customers in their work during the past year. According to the statistics compiled by the police, there has also been a significant increase in the number of cases of opposition to the person maintaining order in recent years.
Not everyone can or remembers to behave themselves – a new law is needed to help the employer
It should be self-evident that sexual harassment, other threatening behaviour or verbal insults have no place at anyone’s workplace. However, not all customers respect the integrity of other people, even though many ways of fostering safety in retail stores have been tried in stores.
Since threats, harassment and direct violence towards employees and other customers are very widespread in the service sector, there is a need to make a change. A company restraining order is needed. This will enable the employer to take better care of the safety of the employees compared to the current situation.
At present, an employer cannot initiate a restraining order process to protect its employees, even though ensuring safety at work is a statutory obligation of the employer. Society needs to make it clear that improper behaviour at someone else’s workplace can have serious consequences. Harassment, threats and violence in the workplace are also likely to cause a wider internal feeling of insecurity in society.
Report: A company restraining order is also possible in Finland
A company restraining order would give the employer the option of applying for a customer to be prohibited from entering the premises of a business if their conduct is threatening and jeopardises the safety of employees and/or customers. However, no one would be left without food or other daily consumer goods, for example, because retail services are accessible and can be arranged under all conditions these days, as the coronavirus period has shown in practice.
Even from a broad fundamental rights perspective, there are no obstacles to the use of a company restraining order in Finland. This was the conclusion of leading legal specialists in their Liikelähestymiskielto report. It is therefore possible to make a largely similar law, which has been in force in Sweden for more than three years. A law that has also worked in practice.
In addition to the constitutional conditions and several fundamental rights aspects, key elements of the possible law at article level were also examined in the Liikelähestymiskielto report. Therefore, the basis for the legislative work has already been laid.
Companies and employees need more robust resources as soon as possible to stay safe.
We urge decision-makers to take action without delay to impose the company restraint order.
The petition to the government, parliament and ministries of Finland is submitted by:
Kari Luoto, Managing Director, Finnish Commerce Federation
Jyri Häkämies, Director General, Confederation of Finnish Industries (EK)
Tuomas Aarto, Managing Director, Service Sector Employers Palta
Annika Rönni-Sällinen, President, Service Union United PAM
Jarkko Eloranta, President, the Central Organisation of Finnish Trade Unions (SAK)
Mikael Pentikäinen, Chief Executive Officer, Suomen Yrittäjät
Juho Romakkaniemi, CEO, Finland Chamber of Commerce
Ilkka Nieminen, Managing Director, Finnish Grocery Trade Association (PTY)
Ulla Pöllänen, Managing Director, Federation of Finnish Special Commodity Trade (ETU)
Jari Salonen, Managing Director, Liikennepalvelukauppiaat ry
Arno Ahosniemi, CEO, Finance Finland
See also:
At the end of the There are no constitutional obstacles to the use of a company restraining order press release, you can learn more about the Liikelähestymiskielto report.