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

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Finland (Ratification: 1970)

The Committee takes note of the information supplied by the Government in its report. It thanks the Government for the explanation given which answers the Committee's previous direct request concerning the non-discriminatory nature of the termination provisions of the State Civil Servants Act, which apply to all civil servants in the event of closure of the government agency employing them.

1. Regarding the strengthening of anti-discrimination provisions by the addition to the Penal Code, through Act No. 578 of 1995, of the offence "discrimination in employment", the Committee notes the information supplied by the Government on the cases brought against discriminating employers and the sanctions imposed. It also notes the launching, in 1996, of a joint Nordic project, within which the authorities in charge of developing the employment services of the labour administrations in the different countries are exchanging experiences in the field of equality connected with labour administration customer services and developing related methods. It requests the Government to continue to provide information on the strengthened enforcement of equality provisions, including, where available, further examples of case-law.

2. Discrimination on the ground of sex. With regard to section 6(a) of the Equality Act which mandates equality planning by employers in both the public and private sector, the Committee requests the Government to provide it with a copy of the conclusions of the study commissioned by the Equality Ombudsman's Office into the promotion of equality planning. Regarding the 1997 study of the Institute of Occupational Health and the Occupational Safety and Health Administration entitled "Increasingly equal work communities" ("Tasa-arvoistuvat työyhteisöt"), the Committee notes that it used data supplied by 425 companies and focused on the launch of the systematic promotion of equality in companies, describing progress achieved so far. It notes that the study showed that only a few companies had yet included the aim of equality promotion in their human resources plan. It also notes the Government's observation that women's employment has not kept pace with the general improvement of the economy partly due to the fact that there has not been a significant increase in jobs in the public sector where the workforce is predominantly female. The Committee therefore requests the Government to provide information on any measures which have been taken or are contemplated to improve job prospects for females, for instance in the area of promoting diversification in education.

3. The Committee notes the approval in February 1997 of the Plan of Action for the Promotion of Gender Equality (1997-99) within which the Government has so far carried out practical measures whereby, according to the Government's report, women entrepreneurs have been supported with special loans. It notes that the proportion of women in programmes promoting employment has increased and now corresponds at least to their proportion of the unemployed; special attention has been paid to the accommodation of career and family; labour legislation has been amended for those in atypical employment relationships; unemployment security has been reformed to provide more incentive to accept short-term employment; and the content and programmes of training in information technology are being altered in order to interest girls also. In addition, the Committee notes that a working group of the Ministry of Labour submitted a report on 31 January 1997, which studied trends in women's unemployment (Labour Administration Publications, No. 168, available in Finnish only) and proposed ways of improving the employment potential of women. The Committee would like to be kept informed on the implementation of the above-mentioned Plan of Action and the measures taken on the basis of the conclusions and findings of the 1997 report.

4. The Committee notes the comments on gender-based wage inequality made by the Central Organization of Finnish Trade Unions (SAK), the Confederation of Unions for Academic Professionals in Finland (AKAVA) and the Finnish Confederation of Salaried Employees (STTK), as well as their general statements on the ways in which structural changes in employment continue to affect women differently than men and on how various forms of atypical work continue to increase in female-dominated sectors. The Committee also notes the Government's reply that increased flexibility in working life may, at its best, secure jobs and improve the level of employment, but that balanced development requires that flexibility includes adequate arrangements for protecting employees' interests and that the security of atypical work has been improved through legislative amendments which strengthen the labour market position of those in such jobs. The Committee, in view of the Government's statement that women are flexible in their employment relationships which are therefore more likely to be atypical than men's, requests the Government to provide a copy of the report, completed on 29 February 1996, on the problems related to atypical employment and how these could be solved, and, where available, information on the impact of the amended legislation. Noting that part-time workers (1-29 hours a week) accounted for 7.1 per cent of wage-earners in 1995 but that 10.8 per cent of female wage-earners and only 4.8 per cent of male wage-earners worked part time, the Committee requests the Government to provide statistical information on part-time workers and indicate any measures which will be taken in this respect, especially within the above-mentioned Plan of Action for the Promotion of Gender Equality.

5. Discrimination on the grounds of race, colour and national extraction. Noting the Council of State decision in principle on measures to be taken to increase tolerance and prevent racism of 17 February 1997, the Committee requests the Government to provide information on any measures taken by virtue of this decision and the results obtained, especially with regard to the special functions of the Ministry of Labour, which is, according to the Government's report, responsible for ensuring that discrimination in employment will be recognized and handled with increasing efficiency. In addition, the Committee would be grateful if the Government would supply information on: (a) the contents and results of "ROMAKO", an EU-funded project, which aims to diversify labour market training for the Roma; and (b) the functioning and findings of the four regional advisory committees for Romany affairs. Finally, noting that, according to the Government's report, in 1996 in eight out of the ten cases brought before the Ombudsman for Aliens, the immigrants involved were not aware of their rights nor of their means of redress, the Committee requests the Government to provide a copy of the report of 4 April 1997 of the working group of the interdepartmental advisory committee on refugee and immigrant affairs, set up to study immigrants' rights. Please also supply information on the development of the system for collecting data on discrimination and on any measures taken or contemplated with regard to informing the population on their rights and means of redress available in cases of discrimination.

6. More generally on the legislative promotion of the principle of the Convention, the Committee notes that the committee appointed by the Council of State to investigate the need for amendments to the Employment Contracts Act (No. 320/1970) terminated its mandate on 31 October 1997. It also notes that, under amendments to the Co-determination in Companies Act, which came into force on 1 January 1997, the measures called for in the Act on Equality Between Men and Women to bring about equality are dealt with under the new Act as part of the co-determination procedures. The Committee asks the Government how the proposals of the above-mentioned committee and the co-determination procedures affect the current legislative framework for the elimination of discrimination in employment and occupation and the promotion of equality.