Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

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

1. The Committee notes the comments attached to the Government’s report by the Confederation of Finnish Industry and Employers (TT) and the Employers’ Confederation of Service Industries in Finland (Palvelutyönantajat), the Central Organization of Finnish Trade Unions (SAK) and the Service Union United (PAM), a member union of SAK. It notes that all of these organizations have integrated equality workplace development projects in their collective agreements to promote equality of opportunity in employment and occupation. The Committee notes that the State Employer’s Office (VTLM) has issued a recommendation on 19 June 2001 to promote equality between men and women in government agencies, also stating that employers must ensure that employees are not subject to sexual harassment or abuse in the workplace. It also notes VTLM’s statement that, while women constitute only 15.2 per cent of the highest senior officials in central government, they have increased in the ranks of senior officials from 16.5 per cent in 1997 to 31 per cent in 2001.

2. Article 1 of the Convention. Sexual harassment. The Committee notes with interest the adoption on 30 December 2002 of a new Public Employment Services Act (Act No. 1295 of 2002), and in particular section 28, which provides that, once an employer has become aware of harassment or improper treatment, he/she is obliged to prevent any hazard or risk to employees caused by harassment and improper treatment, including sexual harassment, regardless of whether the perpetrator is a representative of the employer, a co-worker or a client. It also notes that, under section 7 of the Act respecting equality between men and women (Act No. 609 of 1986), employers shall as far as possible ensure that employees are not subject to sexual harassment and that employers ignoring this obligation are guilty of gender discrimination.

3. Prohibited grounds of discrimination. The Committee notes with interest the adoption on 20 January 2004 of the Non-Discrimination Act (Act No. 21 of 2004) prohibiting direct and indirect discrimination in employment and occupation in both the private and public sectors. It notes that under section 6(1) of the Act, the prohibited grounds of discrimination are age, ethnic or national origin, nationality, language, religion, belief, opinion, health, disability, sexual orientation or other personal characteristics and that the prohibition of gender discrimination is covered by the provisions of the Act respecting equality between men and women (Act No. 609 of 1986), which is in accordance with Article 1(1)(a) of the Convention. The Committee notes the prohibition of victimization (section 8) and the provision respecting the burden of proof (section 17). The Committee notes that victims of discrimination may be granted compensation not exceeding 15,000 euros (section 9) and that the application of the Act shall be supervised by the occupational safety and health authorities (section 11(1)). The Committee requests the Government to indicate in its next report the activities undertaken by the occupational safety and health authorities, in their capacity as the authorities responsible for the enforcement of the above acts, to promote implementation of the principle of non-discrimination as set out in the Convention.

4. Article 2. Measures to promote gender equality. The Committee notes many measures adopted by the Government to influence the mechanisms behind people’s choice of occupation with a view to encouraging men and women to achieve a more equal distribution in the various occupations. It notes that the assessment of the Equal Labour Market Project in 2000 showed that over 1,300 persons began training that is "non-typical" for their gender. It also notes the statement that subsidized employment and vocational training have had less impact on labour segregation. The Committee notes that further procedures are being developed under the EQUAL and ESR 3 programmes to combat segregation in training and working life through personnel policy and corporate equality plans. The Committee requests the Government to continue providing information in future reports on the findings of these various projects and measures and their impact on reducing sex-based segregation in the labour market.

5. The Committee notes the Government’s statement concerning the equality plans issued under the Act respecting co-determination in enterprises that the Work Research Centre of the University of Tampere has commenced a three-year research and development project entitled "Added value through equality. Equality plans and their practical implementation in the workplace in male-dominated, female-dominated and equally represented sectors". It notes that the project will collect information on the kind and number of equality plans that have been established at workplaces, how these plans have been put into practice and how they have contributed to the promotion of gender equality at the workplace. The Committee notes that the project will be completed in 2005 and requests the Government to provide detailed information with its next report on the findings of this project.

6. Measures to combat racial and ethnic discrimination. With regard to discrimination against the Roma people, the Committee notes the Minority Ombudsperson’s statement that they are in the same position as the indigenous population with regard to the services of the labour administration, since employment office clients are not classified by ethnic background, thus making it difficult to create labour market services specifically targeting these groups. It notes the numerous initiatives taken to enhance the integration of the Roma people, including a study launched by the Ministry of Labour on how Romani employment services could be developed within the labour administration, an information campaign launched in 2001 to raise awareness of discrimination issues and promote equality and plurality in society and the holding of a national conference. It also notes several initiatives relating to vocational training courses for the Roma people. The Committee requests the Government to continue providing information on the measures taken or envisaged to enhance the participation of the Roma people in employment and occupation and the results obtained. It also requests the Government to provide information on the access of the Sami to employment and occupation.

7. The Committee notes that the Ministry of Labour has been training a national expert network intended to promote ethnic equality in working life (the ETNA network), which is currently being reorganized on a regional basis. The Committee requests the Government to continue providing detailed information on the measures taken or envisaged to combat ethnic discrimination in employment and occupation.

8. The Committee also notes the information that the "Mosaiikki" project, funded by the Working Life Development Programme, has been running for four years and involves seven companies employing a total of 14,000 persons, with the aim of expanding the concept of equality so as to embrace an understanding of diversity and promote the incorporation of the management of diversity and corporate equality plans into everyday practice. The Committee requests the Government to provide information with its next report on the findings of this project and any measures taken or envisaged as a result to promote equality of opportunity and treatment in employment and occupation.

9. Part III of the report form. Minority Ombudsperson. The Committee notes that the Minority Ombudsperson began work in January 2002 and that the work carried out can be divided into client guidance, assistance and promotion of good ethnic relations, and general measures related to the status of foreign national and ethnic minorities. It notes the information that, over a three-month period in 2002, around 800 persons contacted the Ombudsperson. The Committee requests the Government to provide information with its next report on the measures taken or envisaged by the Minority Ombudsperson in response to alleged discrimination and to improve the access of ethnic minorities to employment and occupation.

10. Part IV of the report from. Court cases. The Committee notes the Government’s statement that no changes have occurred in the number of cases brought on the basis of the Act respecting equality between men and women (Act No. 609 of 1986). The Committee requests the Government to provide detailed information with its next report on the number of cases concerning equality of opportunity and treatment in employment and occupation and their outcome.