Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

Termination of Employment Convention, 1982 (No. 158) - Finland (Ratification: 1992)

The Committee takes note with interest of the Government's first report on the application of the Convention. It also notes the comments made by the Central Organization of Finnish Trade Unions (SAK) and the Confederation of the Unions for Academic Professionals in Finland (AKAVA) communicated with the Government's report. The Committee would be grateful if, in its next report, the Government would provide additional information on the following points:

Article 1 of the Convention and point I of the report form. The Committee notes the statements made by the SAK and the AKAVA concerning the insufficiency of protection of municipal officeholders against unjustified dismissals. It would be grateful if the Government would supply, with its next report, copies of municipal regulations and official model approved by the Executive Board of the Commission for Local Authority Employers in 1992, to which the Government refers in its report, as well as the texts of the relevant collective agreements, in order to enable the Committee to assess the implementation of the Convention in regard to this category of employed persons, which, according to the report, is not excluded from the application of the Convention.

Article 4. The Committee notes that section 47 of the State Civil Servants Act 755/86 lays down a list of categories of civil servants whose employment may be terminated on certain additional grounds. It would be grateful if the Government would describe in more detail these additional grounds for termination of employment and supply texts of the relevant collective agreements and the relevant decisions of the bodies of appeal, if available.

Article 9, paragraph 3. Please indicate whether bodies of appeal are empowered to determine whether the termination of employment was indeed for reasons based on the operational requirements of the undertaking, establishment or service. Please also indicate the extent to which these bodies are empowered to decide whether these reasons are sufficient to justify the termination.

Article 13, paragraph 1(b). Please indicate by what method of implementation referred to in Article 1 it is ensured that the representatives of the civil servants concerned are given an opportunity of consultation on measures to be taken to avert or to minimize the terminations and measures to mitigate the adverse effect of any terminations on the employees concerned such as finding alternative employment.

Point V of the report form. Please provide general information on the manner in which the Convention is applied in practice, including for example available statistics on the activities of the bodies of appeal (such as the number of appeals against unjustified termination, the outcome of such appeals, the nature of the remedy awarded and the average time taken for an appeal to be decided) and on the number of terminations for economic or similar reasons. Please indicate any practical difficulties encountered in the implementation of the Convention.