Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

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

1. The Committee notes the information in the Government's report and the observations of the Central Organization of Finnish Trade Unions (SAK) and the Confederation of Unions for Academic Professionals (AKAVA) transmitted by the Government in its report. It also notes the Finnish Local Government Act of 1996.

The AKAVA made comments according to which since 1993 it has been possible to make local agreements deviating from the nationwide collective agreements; this situation would have resulted in arrangements implying notices and lay-offs for those not covered by the agreements. The Committee notes that the Government explains that overall, local collective agreements have been used for the purpose of avoiding redundancies and lay-offs and that the authorities are unaware of any instance where local agreements have resulted in redundancies in breach of the Convention. The Committee understands that the Government will continue to monitor the situation.

In its previous observation, the Committee had mentioned the indication by SAK that, under section 35 of the Municipality Act, the right to political involvement of persons participating in trade union activities was restricted. The Committee notes the text of the provision as well as the explanations by the Government that: (1) the disqualification for the election to a municipal board applies only to the chairman of the local employees' organization and the persons negotiating collective agreements with the local authority; (2) these provisions are designed to prevent a conflict of interest.

2. The Committee would appreciate it if the Government could send its comments on the observations by SAK and AKAVA according to which: (a) no collective agreement applies to senior salaried staff in the service sector; (b) this staff should be mentioned in the Collective Agreements Act for collective bargaining purposes.