Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Finland (Ratification: 1950)

The Committee notes the information provided in the Government’s report, including the summary of the comments made by the Central Organization of Finnish Trade Unions (SAK), the State Employers’ Office (VTML) and the Commission for Local Authority Employers (KT).

The Committee takes note of the comments made by SAK to the effect that state civil servants or local government officials not exercising authority in the name of the State do not have the right to organize a protest strike against the Government’s economic and social policies due to restrictions concerning sympathy action. The Committee notes in this respect that, according to the Government, although civil servants have the right to undertake industrial action under the Collective Agreements for State Civil Servants Act No. 644/1970, duties related to the execution of public authority or the management of public responsibilities can involve certain limitations in this respect. Moreover, the Committee takes note of the comments made by VTML to the effect that no changes have been made or planned with regard to the limitation of the right to industrial action of state civil servants. The Committee requests the Government to indicate the particular categories of state employees concerned by these restrictions to industrial action.

With regard to local government officials, the Committee notes from the Government’s report, that certain statutory restrictions which currently apply to the right to strike of these officials will be overcome in practice as most municipal employees will eventually have a regular employment relationship which will enable them to undertake sympathy action, pursuant to changes implemented by local authorities, in order to reduce the number of personnel in permanent civil service relationships. The Committee also takes note of the comments made by KT according to which, pursuant to the amendment of the Local Government Act by the Civil Servants Act, municipalities and joint municipal boards are required to terminate posts in which no public authority is exercised and limit the exercise of public authority to holders of municipal office; thus, the status of employees who do not exercise public authority will be converted from a service to an employment relationship, affording them the right to undertake industrial action without restriction. The Committee takes note of this information and requests the Government to keep it informed of developments in the implementation of the Civil Servants Act by local authorities.