Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Finland (Ratification: 1951)

The Committee notes the comments by the Central Organization of Finnish Trade Unions (SAK), transmitted by the Government in its report for Convention No. 87, to the effect that the new Act on a Register for Merchant Ships in Foreign Trade restricts organization and collective bargaining rights. The Committee notes that the Act provides, among other things, that foreign employee associations may conclude collective agreements to work aboard vessels entered in the merchant ship register, and that such agreements may require that disputes be referred to a court of law in the country of the foreign association. SAK asserts that these provisions restrict the rights of workers to unionize and engage in voluntary collective bargaining in violation of Articles 2, 3, 8 and 10 of Convention No. 87 and of Article 4 of Convention No. 98. SAK indicates that prior to the new Act, collective agreements concerning staff aboard vessels operating under the Finnish flag were always concluded only between Finnish labour market partners.

The Committee notes that the new Act opens competition for contracts to all unions, including foreign unions; there is no evidence that the law favours one union over another or that, other than through greater market competition, the Act disfavours the Finnish unions. Neither Convention No. 87 nor Convention No. 98 can be construed to limit employers' bargaining rights to domestic unions. Indeed, such limited recognition might itself violate the Conventions. As to the new legal provisions for resolving contractual disagreements with foreign associations, the Committee asks the Government to include in its next report details about whether, prior to this Act, Finnish law provided employers or foreign associations the option of court jurisdiction in the association's home country and to provide a description of the prior Finnish jurisdictional framework and whether under the new Act the right to go the Finnish courts is still retained.