Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Private Employment Agencies Convention, 1997 (No. 181) - Finland (Ratification: 1999)

The Committee notes the observations made by the Confederation of Finnish Industries (EK) and the Confederation of Unions for Professional and Managerial Staff in Finland (AKAVA) communicated with the Government’s report.

Articles 11 and 12 of the Convention. Rights of workers employed by a private employment agency. Allocation of responsibilities between private employment agencies and user enterprises. In reply to the Committee’s previous comments, the Government indicates in its report that workers employed by private employment agencies are protected in case of insolvency of their employer in the same manner as other employees, and they are also treated equally in terms of statutory social security benefits. Private employment agencies have the same responsibilities as other employers in terms of contributing to pay security and paying social security benefits, as well as a responsibility to provide workers with accident insurance in case of occupational diseases and accidents. The Committee requests the Government to continue to provide practical information on the application of these provisions of the Convention.

Article 13. Cooperation between the public employment service and private employment agencies. In its observations, the EK indicates that it is most satisfied with the fact that the Government was invited to produce a report on how cooperation between public and private employment services has been promoted and regularly reviewed. The AKAVA indicates that the competences of private employment services are to be utilized more with respect to employment, and perhaps in closer cooperation with the public authority. The AKAVA takes a positive view of the strengthened role of private services in employment services. The Government indicates in this regard that, according to the Act on Public Employment and Business Service, the Ministry of Employment and the Economy (MEE) has the right to receive information from private employment agencies. The MEE did not separately collect such information during the reporting period, but rather received information through partnership cooperation. The cooperation strengthens the functioning of the labour market and promotes the availability of labour for employers and swift employment for jobseekers. The Government indicates that cooperation between public and private employment services is being increased in line with MEE policies. The Committee notes that the MEE and Private Employment Agencies Association (HPL) signed a cooperation agreement on 26 February 2015, aiming at improving the effectiveness of employment services and finding more jobseekers jobs through temporary agency work. As private employment services develop as an industry, the MEE will re-evaluate the cooperation opportunities, roles and tasks between public and private employment services. The Committee requests the Government to continue to provide information on the manner in which efficient cooperation between the public employment service and private employment agencies is promoted and reviewed periodically.

Application of the Convention in practice. The Government indicates that, between 1 January 2010 and 28 April 2015, the Occupational Safety and Health Authorities conducted 467 inspections in enterprises under categories 781 (private employment services), 782 (temporary agency work) and 783 (other human resource services). The Committee notes that, as a result of the inspections, 1,123 guidelines and 115 improvement notices for action were issued. The Committee requests the Government to continue to provide information relevant to the practical effect given to the Convention, including extracts from reports of the inspection services and information on the number of workers covered by the Convention.