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

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the observations of the Central Organization of Finnish Trade Unions (SAK), the Confederation of Unions for Professional and Managerial Staff in Finland (AKAVA) and the Finnish Confederation of Professionals (STTK) (hereafter referred to as “the trade unions”), and of the Federation of Finnish enterprises (SY), attached to the Government’s report.

Legislation. The Committee notes the Government’s indication, in its report, that a study was published in November 2020 as part of the “Aidosti yhdenvertaiset” project, assessing the effects of the 2015 reform of the Non-Discrimination Act, a point that had been raised by the Committee in its previous observation. According to the study, the reform reached many of its objectives, but the main challenge remains the implementation of the law: the Act is not yet known well enough, discrimination remains under-reported and partially unidentified, and there is a lack of resources for officials in charge of its implementation. The study points out that discrimination on different grounds is reported and addressed through different legal channels, which results in differences in legal protection and remedies. In this regard, the Committee notes that the United Nations (UN) Committee on Economic, Social and Cultural Rights and the UN Human Rights Committee called on the Government to amend legislation in order to improve the effectiveness of the legal and institutional framework to combat discrimination (E/C.12/FIN/CO/7, 30 March 2021, para. 15(b) and A/HRC/WG.6/41/FIN/2, 17 August 2022, para. 11(a)). The Committee also notes SY’s call for discriminatory elements related to legislation and labour market structures to be removed. Finally, it notes the Government’s indication that a further partial reform of the Act is underway. The Committee asks the Government to provide information on: (a) the outcome of the reform of the Non-Discrimination Act (1325/2014) and of any other relevant piece of legislation; (b) the application in practice of this Act as well as the Act on Equality between Women and Men (1329/2014), as amended; and (c) any activities aimed at ensuring understanding and compliance with those Acts.

Article 2 of the Convention. Measures to promote gender equality. Education and occupational segregation. With reference to its previous direct request on the subject, the Committee notes that a research project was carried out entitled “Breaking down the barriers: reasons for young people’s educational choices and ways of reducing gender segregation in educational and occupational fields (2017–2019)”. It also notes the Government’s indications, in its reports to the UN Committee on the Elimination of Discrimination against Women (CEDAW) and the UN Human Rights Council, that the segregation of professions by gender remains an issue that limit gender equality in working life (and contributes to maintaining the gender pay gap). The Government also indicated that the Government Action Plan for Gender Equality 2016–2019 envisaged the development of guidance counselling and introduction to working life periods in schools, so that girls and boys become familiar with both female and male dominated sectors, and the training of experts in employment and economic administration to eliminate gendered segregation in the labour market. The core curriculum and equality guides (including the guide “Tasa-arvotyö on taitolaji” on the promotion of gender equality in basic education published by the National Agency for Education) help teaching personnel to encourage and support students in making choices related to working life, subject choices and further education without gender bound roles or expectations. According to the Government, the aim is to make equality plans mandatory at all levels of education, including Early Childhood Education and Care (ECEC), and the long-term objective is to achieve more gender balance in various professions (CEDAW/C/FIN/8, 1 April 2021, paras. 203, 206 and 217-224; and A/HRC/WG.6/41/FIN/1, 5 August 2022, para. 52). In this regard, the Committee notes that the UN Committee on Economic, Social and Cultural Rights expressed its concerns at the gender segregation in the labour market and in educational choices and recommended that the Government: (a) allocate adequate resources for the implementation of the recommendations of the above-mentioned “Breaking down the barriers” research project; (b) implement temporary special measures in order to accelerate representation in educational and occupational fields where either sex is underrepresented; and (c) pursue awareness-raising campaigns challenging stereotypical expectations of gender roles (E/C.12/FIN/CO/7, paras. 18 and 19(a) and (b)). The Committee notes the adoption of the Action Plan for Gender Equality 2020–2023 which provides, inter alia, for the following measures to be taken: enacting mandatory gender equality plans for early childhood education (measure 4.1); promoting gender equality and neutralizing gender segregation in education and in working life (4.3); and adding incentives geared to reducing the gap between women and men training in technology subjects and IT coding (7.9). The Committee asks the Government to provide information on the progress achieved and obstacles encountered in the implementation of the recommendations of the “Breaking down the barriers” research project and the measures foreseen in the Action Plan for Gender Equality 2020-2023 or otherwise. Recalling the 40 per cent target for female representation on boards, mentioned in its previous comments, the Committee asks the Government to provide an update on the progress achieved in this regard.

Access to education and vocational training and access to employment and occupation of the Roma. National Policy on Roma. The Committee notes the Government’s indications, in the reports it submitted to the CEDAW in April 2021 and to the UN Human Rights Council in August 2022, that: (a) the National Roma Policy 2018–2022 mainstreamed actions and measures that created further capacity for improvements in the human rights and socioeconomic status of Roma; (b) the next policy document for 2023-2030 is under preparation; and (c) the Government’s Action programme to combat racism and promote good relations 2021-2023 and the National youth work and youth policy programme 2020-2030 include concrete measures that address discrimination against Roma (CEDAW/C/FIN/8, paras. 46-50; A/HRC/WG.6/41/FIN/1, paras. 32 and 62). In this regard, the UN Committee on the Elimination of Racial Discrimination (CERD), while commending Finland for its well-developed Roma policy programme, expressed concern that the majority of Roma people continue to face discrimination, particularly in terms of access to employment, housing and education (CERD/C/FIN/CO/23, 8 June 2017, para. 12). The Committee requests the Government to provide information on actions taken or envisaged, under the National Roma Policy 2023-2030 or otherwise, to promote access of the Roma to education at all levels and to vocational training and employment and occupation, and the impact and results thereof. The Committee encourages the Government to take action to improve access to legal protection measures for Roma who experience discrimination, specifically raising the awareness of Roma people on this subject.

Access to traditional occupations of the Sámi people. The Committee notes that, in their concluding observations: (a) the CERD indicated that it remained concerned that the rights of the Sámi relating to their traditional lands and endangered traditional livelihood of fishing were not adequately protected; and (b) the UN Committee on Economic, Social and Cultural Rights expressed concern at reports of continued discrimination against the Sámi and at the fact that legislative changes, infrastructure projects and incursions into their lands had eroded their rights to maintain their way of life and traditional livelihoods, including reindeer husbandry and fishing (CERD/C/FIN/CO/23, para. 16, and E/C.12/FIN/CO/7, paras. 14 and 50). In this regard, the Committee notes the Government’s statement, in the report it submitted to the UN Human Rights Council in August 2022, that the preconditions for the ratification of the ILO Indigenous and Tribal Peoples Convention, 1989 (No. 169) “will be assessed [and that] [t]he Sámi Parliament will be engaged in this process, and other Sámi organisations contribute to the work” (A/HRC/WG.6/41/FIN/1, para. 24). The Committee asks the Government to provide information on:

• (i)the practical impact of the legal reforms on the Sámi people’s access to their traditional occupations; and
• (ii)the concrete measures taken to combat discrimination against the Sámi and the progress achieved.

Measures to combat racial and ethnic discrimination. Access to employment and occupation of the immigrant population. The Committee notes that, in their observations, the above-mentioned trade unions (SAK, AKAVA and STTK), referring to a 2021 report of the Occupational Safety and Health Administration, denounce growing discrimination against foreign workers in recent years (from underpayment of wages to trafficking in human being). According to them, inadequacies in remuneration were observed at almost half of all the workplaces inspected in 2021. The Committee also recalls that the UN Committee on Economic, Social and Cultural Rights, the UN Human Rights Committee, the CERD and the CEDAW noted one or several of the following issues: (a) the intensification of hostile sentiments towards persons perceived to be of foreign background and the rise in anti-immigrant discourse amounting to racism and xenophobia among political figures; (b) the fact that persons perceived to have foreign backgrounds continue to suffer from discrimination in the fields of employment, housing and education, that the unemployment rate of women of immigrant backgrounds remains very high and that a larger proportion of them is in part time employment compared to women of Finnish origin; and (c) the violation of provisions on minimum pay in collective agreements, especially for migrant workers, and the lack of legal protection of the labour rights of seasonal workers in the agricultural sector who are often employed without a contract and thus vulnerable to exploitation (CERD/C/FIN/CO/23, paras. 10 and 20; E/C.12/FIN/CO/7, paras 14 and 25; CEDAW/C/FIN/8, para. 31; and CCPR/C/FIN/CO/7, 3 May 2021, para. 15). The Committee notes the Government’s indication that amendments to the Aliens Act, which entered into force on 1 October 2021, aim to facilitate the detection of exploitation at work and prevent exploitation of foreign labour. The Government also underlines the employment issues of immigrant women and states that a project entitled “Manifold More”, funded by the European Social Fund, was carried out from October 2019 to September 2022 with a view to promote diversity in working life and advance career paths of highly educated women with immigrant background. The Committee also notes that the Action Plan for Gender Equality 2020–2023 calls for charting the obstacles that members of various minority groups may encounter in applying for higher education and taking action accordingly (measure 4.6). The Committee asks the Government to provide information on the concrete measures taken and results achieved in combating racial and ethnic discrimination, including exploitation of migrant workers, and in facilitating education and access to employment of workers with foreign backgrounds, including women. Please provide information regarding activities specifically targeted to raise awareness of the right to non-discrimination of migrant workers among social partners and law enforcement officials.

Enforcement. The Committee notes the Government’s indication that the Occupational Safety and Health Authority enforces the prohibition of discrimination at work under the Non-Discrimination Act as well as the information provided concerning the number of inspections carried out. It recalls the conclusions of the above-mentioned “Aidosti yhdenvertaiset” project concerning the lack of resources of officials and its effect on the under-reporting and partial non-identification of discrimination. It further notes the Government’s indication, in the report it submitted to the CEDAW in April 2021, that the revised Non-Discrimination Act makes it easier for authorities to take action on discrimination experienced by women but that the Equality Ombudsman had noted that as express legal provisions concerning multiple and intersecting forms of discrimination and the competence of public officials are lacking, it remained difficult to ensure legal protection to victims, especially in the case of discrimination against women belonging to minority groups. (CEDAW/C/FIN/8, para. 12). The Committee also notes that the UN Committee on Economic, Social and Cultural Rights recommended to: (a) investigate reports of breach of provisions on remuneration in collective agreements and increase labour inspection in sectors of the economy where such violations are likely to occur: (b) improve complaints mechanisms in these sectors to make them easily accessible; (c) assist victims in obtaining redress; and (d) ensure that contravening employers, even when they are based abroad, are subject to sanctions (E/C.12/FIN/CO/7, para. 26). It also notes the above-mentioned trade unions’ observations calling for measures to address business models that rely on discrimination, exploitation and underpayment of employees. They consider that instruments of control and legal redress are insufficient, investigations too long and remedies inadequate. The Committee asks the Government to provide information on measures taken or envisaged to:

• (i)reinforce authorities’ capacity to identify cases of discrimination at work, including multiple and intersecting forms of discrimination;
• (ii)improve complaints mechanisms; and
• (iii)ensure that sanctions imposed are dissuasive and remedies granted adequate. It also asks the Government to continue to provide information on cases of workplace discrimination handled by the competent authorities under the Anti-Discrimination Act and Equality Act.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes the observations by the Confederation of Finnish industries (EK) and the Confederation of Unions for Professionals and Managerial Staff in Finland (AKAVA) attached to the Government’s report.

Article 2 of the Convention. Measures to promote gender equality. Occupational segregation. The Committee recalls that the Gender Equality Programme (2012–15) aims to reduce gender segregation in education, career choices and the labour market. In this context, the Committee notes the study published in 2014 by the Ministry of Employment and the Economy under the VALTAVA development programme, on gender perspectives in the employment office services. The results of the study are intended to be utilised in the development of the Ministry’s employment services. The Committee welcomes the TASURI project which contains statistics on male and female representation in the top management of companies. The qualitative research of the project produces information on top management recruiting from a gender perspective and provides material for practical development work in the future. The Committee notes that the 40 per cent target for female representation on boards will be met by the self-regulation of companies and that the Government will evaluate the progress made and need for future legislative measures in this regard. With regard to education, various perspectives on the promotion of gender equality have been included in several areas of the core curricula of basic education. Furthermore, the Act on the Amendment to the Act on Equality between Women and Men (1329/2014) extended the obligation to draft equality plans in educational institutions to mandatory primary education. The Committee welcomes the proactive measures to combat gender segregation in the labour market and asks the Government, in cooperation with the social partners, to continue reporting on such activities and their impact on occupational gender segregation. Please also provide specific information on the practical use and impact of the study published by the Ministry of Employment and the Economy as well as the TASURI project. The Committee encourages the Government to monitor developments towards the 40 per cent target for female representation on boards and to provide information on the progress made as well as any needs identified for legislative measures.

Measures to combat racial and ethnic discrimination. The Committee notes from the Government’s report that the working group to promote the integration of the Somali community gathered information and identified measures to further Somalis’ integration while also promoting dialogue and engaging Somali communities in integration planning. The Committee notes that the working group’s report was taken into account when the Government adopted its National Integration Programme in 2012. The Ministry of Employment and the Economy implemented, during the “YES-Equality is Priority” project, a Diversity Management programme in which workshops on diversity management were organised for the private sector, a webpage and data bank on the best practices of diversity management were established, and a manual and check list for the development of diversity management in the public sector were published. The Committee asks the Government to continue providing information on measures to combat racial and ethnic discrimination, in cooperation with the social partners, including results achieved. In absence of information regarding activities specifically targeted to raise awareness of the right to non-discrimination of migrant workers among social partners and the law enforcement officials, the Committee once again requests the Government to provide information in this regard.

Access to employment and occupation of the Roma. National Policy on Roma. The Committee welcomes the various actions that have been taken under the National policy on Roma. A media campaign was implemented under the “YES-Equality is Priority” project in 2012 aimed at promoting positive attitudes towards groups at risk of exclusion from the labour market. The TEMPO project with the objective of helping Roma jobseekers find employment in the public labour market, offered jobseekers services including job coaching and career and study guidance. The project produced a model for coaching jobseekers and a model for employers on how to find places for Roma jobseekers. The Committee notes that the National Policy on Roma has raised awareness and improved the coordination of Roma issues nationally, especially in the education sector, but that local-level implementation has met with challenges, particularly in the fields of employment and adult education. According to a report published by the Ombudsman for Minorities in 2014, 54 per cent of Roma who had applied for a job in the past five years felt that they had been discriminated against in recruiting. According to the report, Roma youth resort to existing legal protection measures very little in order to combat discrimination in jobseeking; 87 per cent of Roma who had encountered discrimination in jobseeking did not report it, and not one person reported it to the right authorities. The Committee requests the Government to continue providing information on actions taken under the National Policy on Roma to promote access to employment and occupation of the Roma and the impact and results thereof. The Committee requests the Government to provide information on how the challenges to local-level implementation of measures under the National Policy on Roma are being addressed. The Committee encourages the Government to take action to improve access to legal protection measures for Roma who experience discrimination, specifically raising the awareness of Roma people on this subject.

Access to education and vocational training. The Committee notes from the Government’s report that while there have been improvements in Roma participation in preschool education and an increasing number of Roma students are doing well in primary education, one out of five Roma students continue to have significant problems in their school attendance. Becoming independent and starting a family from a young age, which is aggravated by a lack of information and support, Roma students are discouraged from pursuing further studies. While approximately half of Roma students move on to vocational studies after primary education, very few go on to general upper secondary schools. Employment and Economic Development Offices are a service available to Roma jobseekers to help facilitate their entrance into the labour market through directing jobseekers to workshops or trainings. The Committee asks the Government to continue to provide statistical information, disaggregated by sex, on the access of the Roma to education at all levels, as well as to vocational training. In particular the Committee requests specific information on how Roma children are supported in transitioning phases of education.

Access to traditional occupations of the Sámi people. The Committee recalls that most Sámi vocational education is offered by the Sámi Education Institute, which is directly funded by the state budget. The Committee notes that the Institute cooperates closely with livelihood trades and businesses in the Sami area through arranging work practices and apprenticeships, which advances the hiring of capable professionals while also developing business in the area. With respect to structural assistance for livelihoods in reindeer husbandry and nature-based resources, the Committee notes that reindeer herders can now get a substitute to fill in for them in reindeer herding while they are incapable of working. This system came into effect on 1 January 2015. Furthermore, the Mining Act (621/2011) and Water Act (587/2011), which entered into force in 2011, include a restriction on granting exploration permits in Sami areas. The restriction entails that a permit must not be granted if it substantially undermines the Sámi people’s opportunities to utilise their rights as indigenous people to maintain and develop their culture and practice their traditional livelihoods. The Acts also include provisions that reinforce the Sámi Parliament’s right to participate in and influence the permit process for mining and water projects. The Sámi Parliament has been granted an independent right to appeal to the administrative courts regarding permits granted based on the acts. The Committee asks the Government to provide information on vocational training of the Sámi offered by other educational providers as well as the coverage of and participation in such education in the Sámi region. The Committee further asks the Government to provide information on the practical impact of the legal reforms on the Sámi people’s access to their traditional occupations.

Access to employment and occupation of the immigrant population. The Committee notes the Government’s indication that promoting access to employment to all foreigners residing in the country remains high on the Government’s agenda, and that a pilot project to test new and more effective ways to promote the employment of foreigners is being planned. Integration measures are continuing such as providing foreigners with integration, vocational and other training as necessary. Procedures for assessing the skills and qualifications of foreign jobseekers are being developed. The Committee notes that the Act on the Amendment of the Vocational Education and Training Act (246/2015) implements education guarantee measures aimed to ensure everyone completing primary education is provided with a place in upper secondary schools, vocational education, apprenticeship training, youth workshops, rehabilitation programmes or other such means. The Act also introduces preparatory training for vocational education as well as for work and independent living. The Committee also notes that one of the specific focus areas of the National Integration Programme (2012–15) is promoting the employment of migrant workers. The Committee asks the Government to provide information, including results and any follow-up activities, on the pilot project on the promotion of employment of foreigners and on procedures for assessing the qualifications of foreign jobseekers. Please also provide information on the impact of the education guarantee measures and preparatory trainings on migrant workers’ access to employment and occupation. The Committee also asks the Government to provide information on any measures taken and the impact thereof to promote the employment of migrant workers, including female workers, under the National Integration Programme.

Enforcement. The Committee notes that the capacity of Occupational Safety and Health Authorities to enforce non-discrimination provisions has been reinforced after amendments were made to the Act on the Occupational Safety and Health Enforcement and Cooperation on Occupational Safety and Health at Workplaces (1330/2014), which came into effect 1 January 2015. Occupational Safety and Health inspectors can now issue employers an improvement notice in the case of non-compliance with the Anti-Discrimination Act. Neglecting a notice may lead to the issuing of a legally binding decision to the employer, enforceable with a fine. In 2014, the Occupational Safety and Health Authorities of the Regional State Administrative Agency for Southern Finland (OSHSF) received 226 reports regarding discrimination at work. Out of these, there were 78 cases in which the authorities suspected discrimination and invoked enforcement measures. Over one third of these cases resulted in the authorities issuing written advice to the employer concerning compliance with non-discrimination provisions because an assumption of discrimination had not been invalidated or justified. The Government reports that the number of contacts concerning experiences of discrimination has increased steadily in recent years. The most common reported form of discrimination (approximately 52 per cent of the reports) was termination of the employment relationship based on a discriminatory ground, and the second most common form was discrimination experienced during employment (41 per cent). The most common ground for discrimination was state of health, and other common grounds included gender, ethnic origin, age, trade union activity or other professional activity. The Committee also notes that the occurrence of discrimination is linked to negative treatment towards an employee after demanding rights at work either while serving as an occupational safety and health representative or when they contacted enforcement authorities. The Committee notes that in 2014, inspectors of the OSHSF who are specialised in foreign employees conducted approximately 500 occupational safety and health inspections. The Ombudsperson for Minorities (now the Ombudsperson for Non-Discrimination) cooperated with the ministry of Social Affairs and Health in the drafting of the Guidelines for Monitoring Discrimination at Work for Occupational Safety and Health Authorities. The Non-Discrimination Ombudsman cooperates with the employment division of the Statutory Advisory Committee on Occupational Safety and Health and discusses and exchanges information on enforcement-related legal issues. Regarding enforcement of the Equality Act, the Committee refers to its comments under the Equal Remuneration Convention, 1951 (No. 100). The Committee asks the Government to continue to provide information on cases of workplace discrimination handled by the competent authorities under the Anti-Discrimination Act and Equality Act. Specifically, the Committee requests information on the results of the inspections carried out by the inspectors specialized in foreign employees. Please also provide information regarding obstacles faced by workers in accessing remedies to violations of their labour rights concerning non-discrimination in employment and occupation.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Legislative developments. The Committee notes with interest the Non-Discrimination Act (1325/2014), which replaces the previous Non-Discrimination Act (21/2004), and the Act (1329/2014) amending the Act on Equality between Women and Men (609/1989). Under the new Non-Discrimination Act (1325/2014), the scope of the prohibition of discrimination has been expanded and now includes the additional grounds of political activity, trade union activity and family status. Furthermore, the duty of the authorities to develop and implement an equality plan now extends to all grounds of discrimination and applies to educational institutions as well as employers that regularly have 30 or more employees. The Act on Equality between Women and Men (609/1986), which prohibits discrimination between women and men, has been amended to include the prohibition of discrimination based on gender identity and gender expression. The Government indicates that these additional grounds secure the protection of trans and intersex persons against discrimination in line with the Constitution. Furthermore, the Ombudsman for Minorities is now the Ombudsman for Non-Discrimination, with more extensive powers and the competence to deal with all grounds of discrimination prohibited by the Non-Discrimination Act (1325/2014). The National Discrimination Tribunal and the National Equality Tribunal have been merged into a single National Non-Discrimination and Equality Tribunal. The Ministry of Justice, the Ministry of Employment and the Economy and the Ministry of Social Affairs and Health organized training on the changes brought about by the new Non-Discrimination Act (1325/2014) and the Act amending the Act on Equality between Women and Men (1329/2014), which involved almost 500 labour market operators and experts from companies and labour market organizations, among others. The Committee asks the Government to provide information on the application in practice of the Non-Discrimination Act (1325/2014) and the Act amending the Act on Equality between Women and Men (1329/2014) and any follow-up activities aimed at ensuring understanding and compliance with the Acts.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes the observations by the Central Organization of Finnish Trade Unions (SAK), the Confederation of Unions for Professionals and Managerial Staff in Finland (AKAVA), and the Finnish Confederation of Salaried Employees (STTK), attached to the Government’s report.

Article 1(1)(b) of the Convention. Additional grounds of discrimination. The Committee notes the Government’s indication that the Finnish Equality Committee submitted its report to the Ministry of Justice in December 2009, in which it proposed a comprehensive reform of the Anti-Discrimination Act (21/2004). The reform included amending the scope of additional grounds of discrimination such as political activism, labour union activism, family relations, state of health and disability, and extending the duties of the Ombudsperson for Minorities to include the supervision of all types of discrimination referred to in the Anti-Discrimination Act. The Committee asks the Government to provide information on any progress made concerning the reform of the Anti Discrimination Act, especially with respect to additional grounds of discrimination.

Article 2. Measures to promote gender equality. Occupational segregation. The Committee notes the Government’s indication that it approved the resolution for the Gender Equality Programme in June 2012, which is based on the Government’s first report on gender equality. The aim of the Gender Equality Programme is to alleviate gender segregation in education, career choices and the labour market: active measures are being launched to reduce key gender differences by 2020 by half, with respect to participation in training and results of education at all stages. The ministries’ joint monitoring group has compiled the final report on the implementation of the Gender Equality Plan 2008–11. The Committee recalls the persistent occupational gender segregation in Finland, and the importance of ensuring equality in the area of education. The Committee notes the Government’s indication in this regard that in 2009–10, the education project “Steps for reducing segregation” was completed jointly by the Finnish National Board of Education and the Ombudsperson for Equality to guarantee that Finnish educational institutions had formulated an equality plan covering their operations. It also notes the Government’s indication that the TASUKO (equality and gender awareness in teacher education) project, funded by the Ministry of Education and Culture in 2008–10, was aimed at raising awareness of gender equality in every Finnish university providing teachers’ training. The Committee asks the Government to indicate the concrete action taken under the gender equality policy outlined in the Government’s first report on gender equality 2011, as well as to provide detailed information on the results achieved in the implementation of the Gender Equality Plan 2008–11 with a view to addressing occupational gender segregation. It also asks the Government to provide information on the impact of the education project “Steps for reducing segregation”, and the TASUKO project and any follow-up thereto. Please also provide a copy of the interim report on gender equality policy due in 2016.

Measures to combat racial and ethnic discrimination. The Committee notes the Government’s indication that the extent of discrimination experienced by Somali-language speakers is particularly alarming. According to the European Union Minorities and Discrimination Survey, almost one half of the Somali-language population in the country faced discrimination in 2008. It also notes the Government’s indication that an expert working group was appointed by the Government to promote the integration of the Somali community, and a report of the working group will be issued in December 2012. The Committee further notes that the activities implemented under the national awareness-raising campaign “YES – Equality is priority” included the development of tools for tackling discrimination at the workplace, including the production of materials, organization of training and dissemination of information. In May 2012, under this project, a report “Discrimination in the Finnish Labour Market” was published, which contains data on complaints of labour discrimination, as well as information on a field experiment on discrimination in recruitment. In particular, it was found that Russian-named jobseekers had more difficulties in obtaining an invitation to a job interview. The Committee notes that SAK, AKAVA and STTK draw attention to alleged pay discrimination against migrant workers, and to the fact that only a few cases of discrimination against migrant workers are being reported due to lack of awareness of their rights. The Committee asks the Government to continue to provide detailed information on measures taken, and results achieved, to combat racial and ethnic discrimination in employment and occupation, including against migrant workers, and to provide information on any positive measures that have been taken following training provided under the campaign “YES - Equality is priority”. It also asks the Government to provide information on any activities that are specifically targeted to raise awareness of the rights of migrant workers among the social partners and the law enforcement officials. Please provide a copy of the report of the expert working group on promoting the integration of the Somali community and information on any follow-up thereto.

Access to traditional occupations of the Sámi people. The Committee recalls its previous comments regarding land rights in the Sámi homeland, and the need to ensure the Sámi people’s access to their traditional occupations. The Committee notes the Government’s indication that according to section 4 of the Educational and Cultural Funding Act (1705/2009), municipalities and other education providers operating within the Sámi homeland are granted annual state subsidies to cover the cost of arranging education for the Sámi people. In March 2011, the Parliament of Finland approved the Government’s proposal to amend the Act on structural assistance for reindeer husbandry and nature-based sources of livelihood, aimed at deregulating certain terms for receiving structural assistance from the Government. It also notes the Government’s indication that each year, approximately 140 students attend basic vocational education courses offered by the Sámi Education Institute, which receives direct funding from the state budget. From June 2009 to May 2011, the project on diverse learning environments in the reindeer farming business, financed by the Centre for Economic Development, Transport and Environment of Lapland was attended by 950 participants. The Government further indicates that the labour market training relates to traditional Sámi handcraft skills, construction industry, rural tourism and boat building, and that the views of the Educational Committee of the Sámi Parliament are taken into account in national-level decision-making concerning the development and resource allocation for the education of the Sámi people. The Committee asks the Government to continue to provide information on vocational training for the Sámi people and how it has facilitated the exercise of their traditional occupations. It also asks the Government to indicate to what extent consideration is given to the land-based Sámi people’s livelihood and way of life in establishing and implementing the various projects, as well as the specific measures taken, in cooperation with the Sámi Parliament, to ensure access of the Sámi people to their traditional occupations, and the results achieved.

Access to employment and occupation of other ethnic minorities. The Committee notes the Government’s indication that in July 2009, a Russian-language information service began operating on the National Helpline, which provides information on employment services, as well as workers’ residential permit and visa matters. It also notes the Government’s indication that the new Act on the Promotion of Integration (1386/2010), which entered into force on 1 September 2011, aimed at enhancing and expediting integration and access to employment for immigrants, and basic materials in this regard are translated into several languages including Russian and Somali. Starting from January 2012, the Ministry of Employment and Economy assumed responsibilities in implementing the immigration policy prepared by the Ministry of Interior, in order to promote finding employment in an open labour market for immigrants. The Government adopted its first National Integration Programme pursuant to Act No. 1386/2010 on 7 June 2012. In addition, the AFRO II project aims at improving the under-representation of specific target groups, which includes Russian-speaking and Somali-speaking people, in public sector employment. The Committee asks the Government to continue to provide information on the measures taken to promote access to employment and occupation of Russian-speaking and Somali communities, and to indicate the specific results achieved.

Enforcement. The Committee notes the Government’s indication that in 2011, 182 cases filed before the Office of the Ombudsperson for Equality concerned discrimination, most of which concerned employment, in particular recruitment, pay, and discrimination based on pregnancy and parenthood. It also notes that district courts processed a total of 100 cases based on the Equality Act, most of which concerned discrimination in employment. Administrative courts processed 144 cases related to equality, the majority of which concerned employment or recruitment. The Committee further notes that, in 2010, 152 cases concerning workplace discrimination were reported to the occupational safety and health area of the Regional State Administrative Agency of South Finland, which replaced the occupational safety and health inspectorates; for the district of Uusimaa, the number reported was 157 in 2009. In 2010 the occupational safety and health authorities reported 42 cases and made statements in 75 cases concerning discrimination to the police. The Committee also notes the Government’s indication that the occupational safety and health authorities organize regular meetings with the Ombudsperson on Minorities and the Ombudsperson on Equality, concerning the interpretation of legislation. The Committee notes the observations of the SAK, AKAVA and STTK regarding the differences in the average amounts of compensation ordered by the courts for violations under the Equality Act and under the Anti-Discrimination Act. SAK, AKAVA and STTK also draw attention to the inadequate supervision of compliance with the terms of employment in industries in which migrant workers, including children, are predominantly employed, leading to pay discrimination. The Committee asks the Government to provide information on cases of workplace discrimination, including against migrant workers, handled by the occupational safety and health authorities, the police, the courts and other competent bodies under the Equality Act and the Anti-Discrimination Act, with specific indications regarding their nature and outcome, including compensation paid to individual employees. Please also indicate the specific outcome of the regular meetings among the occupational safety and health authorities, the Ombudsperson on Minorities and the Ombudsperson on Equality.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Access to employment and occupation of the Roma. The Committee notes with interest the National Policy on Roma, finalized in 2009, which contains six key objectives including the following: (i) enhancing education for Roma children and youth; (ii) enhancing education of adults and promoting their access to the labour market; and (iii) promoting equal treatment and preventing discrimination. Measures to be taken under the Policy include determining the educational needs for the allocation and development of vocational education and training for the Roma, enhancing the integration of Roma into the labour market through more efficient public employment services and multi-professional cooperation, raising the awareness of the Roma population of their right to non-discrimination, starting a national media campaign aimed at the elimination of prejudices, and ensuring the inclusion of the Roma issues in equality planning. A group for implementing and monitoring the measures under the Policy was also appointed in March 2012. The Committee also notes that the three-year TEMPO project started in 2008, which provides support for employment Offices and the employment process for Roma and immigrants, including counselling services for poorly educated long-term unemployed persons in gaining access to education, vocational training or the labour market. The Government has also appointed a working group in 2010 to prepare a Roma strategy which should have an impact internationally through enhancing policy coordination on Roma both at the national level and the level of the European Union. The Committee welcomes such initiatives and asks the Government to provide information on follow-up actions being taken, in cooperation with the social partners, to the National Policy on Roma, and results achieved. Please also provide further specific information on the access of the Roma to education at all levels, as well as to employment and particular occupations.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the Government’s report and the comments of the Central Organization of Finnish Trade Unions (SAK) included therein.

Article 1 of the Convention. Legislative developments. The Committee notes the amendments to the Equality Act (Act on Equality between Women and Men (609/1986)) providing definitions of sexual harassment and harassment and amending the rules on compensation, and to section 7 of the Anti-Discrimination Act (21/2004) concerning inherent job requirements. It also notes that the Equality Committee working on the reform of the equality and non-discrimination legislation was due to complete its work in October 2009. The Committee requests the Government to ensure that the new legislation will cover all the grounds listed in Article 1(1)(a) of the Convention, notably race, sex, colour, religion, national extraction, political opinion and social origin, as well as the other additional grounds already listed in the Act, and to provide information on any progress made.

Discrimination on the ground of pregnancy. With respect to discrimination based on pregnancy in the context of fixed-term employment relationships, the Committee notes the Government’s explanations regarding the provisions in the Employment Contracts Act (55/2001) and the Equality Act protecting pregnant employees and employees on parental leave against termination of employment, and in particular the provisions in the Equality Act prohibiting the non-renewal of fixed-term employment contracts on the basis of pregnancy or the limitation of the duration of such contracts until the beginning of a maternity, paternity or parental leave period. It also notes the Government’s indication that the Ministry of Labour’s tripartite working group, after having reviewed the parental leave regulations in 2005, found that the current legislation was sufficiently clear. Rather than amending the legislation, the tripartite Committee recommended that the contents of the regulations in the Equality Act be explained in training and communications regarding recruitment and employment conditions. The Committee further notes the cases involving discrimination in termination of employment on the basis of pregnancy under the Equality Act dealt with by the courts. The Committee asks the Government to provide information on the specific measures taken to ensure that the relevant provisions in the Equality Act and Employment Contracts Act protecting against discrimination on the ground of pregnancy and against employees taking parental leave, including in the context of fixed-term employment relationships, are effectively enforced, and sufficiently known and understood by workers and employers, and their organizations. Please continue to provide information on relevant cases brought to the attention of the courts and other competent bodies under the Equality Act, regarding violations of the legislative provisions protecting against discrimination on the basis of pregnancy in the context of fixed-term employment relationships.

Article 2. Measures to promote gender equality – gender equality plans. The Committee notes that a report was to be submitted to Parliament in 2009 on the functionality of the Equality Act, in particular on equality planning, and that surveys conducted for this purpose in 2008 and 2009 indicated that equality plans remained modest in many workplaces (63 per cent of all workplaces obliged to prepare a plan). Also, most plans were adopted in the government and municipal sectors. The greatest impact of the equality plans was felt with respect to reconciliation of work and family life and by achievements in decreasing sexual harassment and discrimination. However, in many cases the staff participation requirements in the preparation of the plans had not been implemented. The Committee further notes that the SAK is dissatisfied with the progress made in equality planning as only 58 per cent of the workplaces with over 30 employees had prepared an equality plan. According to the SAK, most discrimination was detected in the private services sector and corrective measures have only been taken in one third of the cases where discrimination was found. The Committee further notes that some steps have been taken to disseminate information on and provide support to equality planning in the workplace. The Committee asks the Government to provide information on the findings of the report on the functionality of the Equality Act, and any follow-up action given in this regard. Please also indicate any impact achieved of the activities aimed at disseminating information and support to equality planning in the workplace, especially in the private sector, on the number of equality plans adopted and pursued and measures taken to ensure greater participation of workers and trade unions in equality planning. Please indicate the number of enterprises fined or otherwise penalized for non-compliance with the requirement to prepare and submit an equality plan, and any corrective action taken in this regard.

Occupational segregation. The Committee notes that one of the measures taken to address occupational gender segregation was through a project launched in 2008 aimed at enhancing gender awareness in teacher training. The Committee also notes that a new action plan for gender equality was adopted for 2008–11 focusing on gender mainstreaming, reducing gender pay differentials, promoting women’s careers, increasing gender awareness in schools and reducing gender segregation, reconciliation of work and family life, reducing violence against women and reinforcing gender equality at work. An interim report on the implementation of the plan for gender equality was to be submitted in 2009. The Committee asks the Government to provide information on the impact of the project launched in 2008 on gender awareness in teacher training, and to provide information on the implementation of the Gender Equality Plan
2008–11. Noting that the first report on gender equality of the Ministry of Social Affairs and Health assessing gender equality policy over the past ten years was approved in October 2010 and submitted to Parliament, the Committee asks the Government to provide a copy of the report and a summary of its findings, recommendations, as well as follow-up action taken.

Measures to combat racial and ethnic discrimination. The Committee notes the activities under the national awareness raising campaign “YES – Equality is priority” focusing on new forms of positive action to be developed and tested in the area of employment and entrepreneurship. Activities implemented during 2008–09 consisted of training of local employment and enterprise offices personnel to address equality, non-discrimination and diversity issues, including ethnic origin, and of training of shop stewards and trustees, teachers of educational institutions of trade unions and people in charge of equality in trade unions. A guidebook for trade unions has been prepared and other materials for employers and employees and work communities will be developed. The Committee asks the Government to continue to provide detailed information on measures taken to combat racial and ethnic discrimination in employment and occupation, and information on any positive action that has been taken following training provided under the campaign “YES – Equality is priority”.

Access to traditional occupations of the Sami people. The Committee recalls its previous comments regarding the legal uncertainty surrounding the question of land rights in the Sami homeland, and the need to ensure the Sami’s access to their traditional occupations, particularly in light of section 2 of the Non-Discrimination Act referring to conditions for access to self-employment or means of livelihood. The Committee notes the information on the labour market training opportunities provided by the Employment and Economic Development Centre for Lapland and the Employment and Economic Development Offices during the period 2007–09 aimed at supporting the practice and continuity of the Sami culture and/ or Sami sources of livelihood in particular, as well as the difficulties encountered to provide such labour market training in Sami regions. It further notes that the Lapland Vocational College is implementing a project until 31 December 2011 on diverse learning environments in the reindeer farming business, targeting 2,175 reindeer farming entrepreneurs. The Committee asks the Government to provide information on the number of Sami people having participated in the various vocational training opportunities offered and the manner in which such training has facilitated the exercise of their traditional occupations. It reiterates its requests to the Government to indicate the specific measures taken, in cooperation with the Sami Parliament, to ensure access of the Sami people to their traditional occupations, and the results achieved.

Access to employment and occupation of the Roma and other ethnic minorities. The Committee notes that Finland is preparing its first national policy on Roma striving to promote equality and non-discrimination of the Roma population based on the report of 2009 of the Ministry of Social Affairs and Health, entitled “The proposal of the Working Group for a National Policy on Roma. Working Group report”. It also notes that the study “Long way for the Roma to the labour market” (2008) found that the Roma face many and varied barriers to employment, especially due to low levels of education and a general lack of vocational training and work experience. The lack of suitable jobs, the special cultural features of the Roma, their own attitudes as well as deep-rooted prejudices and the negative views other people have of them, are further barriers to employment. The Committee asks the Government to provide a copy of Finland’s first national policy on Roma, once finalized, and information on any follow-up action being taken. Please also provide further specific information on the impact of any of the measures already taken, including under the Equal Community Initiative Programme, on access of the Roma to employment and particular occupations. The Committee reiterates its request for information on the measures taken to promote access to employment and occupation of Russian-speaking and Somali communities.

Enforcement. The Committee notes the cases dealt with by the courts regarding non-application of the Equality Act, and the non-application of the section on discrimination at work in the Penal Code. It also notes that 120 cases concerning workplace discrimination were reported to the local occupational safety and health inspectorates in 2008 and that most contacts concerning workplace discrimination relate to health, gender and nationality. In 2008 the occupational safety and health authorities reported 51 cases and made statements in 55 cases concerning discrimination to the police. Consideration was given to pressing charges in 42 cases of discrimination, and charges were pressed in 19 cases. The Committee requests the Government to continue to provide information on cases of workplace discrimination handled by the occupational safety and health authorities, the police, the courts and other competent bodies under the Equality Act and the Non-Discrimination Act, with specific indications regarding their nature and outcome. Please also provide information on how the occupational safety and health authorities cooperate with the Ombudsman on Minorities and the Ombudsman on Equality to enforce the legislation on equality and non-discrimination.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the Government’s report and the comments of the Central Organization of Finnish Trade Unions (SAK), the Finish Confederation of Salaried Employees (STTK) and the Commission for Local Authority Employers (KT), included therein. The Committee welcomes the continuing commitment and activities of the Finnish social partners to promote equality and non-discrimination in employment and occupation.

Article 1 of the Convention. Legislation. The Committee notes that in January 2007 the Ministry of Justice started preparations for a reform of the anti-discrimination legislation with a view to covering the prohibited grounds of discrimination in a clearer manner. The Committee recalls that section 6 of the Non-Discrimination Act currently provides that “nobody may be discriminated against on the basis of age, ethnic or national origin, nationality, language, religion, belief, opinion, health, disability, sexual orientation or other personal characteristics”, while discrimination based on gender is covered by the provisions of the Act on Equality between Women and Men. The Committee requests the Government to ensure that in the planned revision of the non‑discrimination legislation all grounds listed in Article 1(1)(a) of the Convention are covered by the legislation. Please indicate the measures taken in this regard.

Discrimination on the ground of pregnancy. The Committee notes that according to the SAK, ending temporary employment relationships because of pregnancy has become more common. It also notes that the Ombudsperson for Equality has submitted a proposal to the Ministry of Labour for an amendment of the Employment Contracts Act to prohibit explicitly non-renewal of fixed-term employment relationships and the limitation of their duration due to pregnancy or the taking of family leave (CEDAW/C/FIN/Q/6, 16 January 2008, paragraph 16). The Committee requests the Government to supply full information on the measures taken to address discrimination based on pregnancy in the context of fixed-term employment relationships, including information on the follow-up to the legislative amendment suggested by the Ombudsperson for Equality.

Article 2. Measures to promote gender equality. Recalling that section 6(a) of the Act on Equality between Men and Women provides for the adoption of gender equality plans by enterprises employing more than 30 employees, the Committee notes the Government’s indication that equality plans are being drawn up in increasing numbers and that this has led many workplaces to address equality issues more openly and objectively. According to a survey undertaken by the SAK, only 53 per cent of workplaces have actually adopted a gender equality plan in conformity with the legislation. The STTK stated that the law does not provide for a sufficient level of prescriptions concerning the content of equality plans and urged employers to better involve personnel in equality planning. The Committee requests the Government to continue to provide detailed information on the adoption and implementation of gender equality plans at the enterprise level, both in the private and public sectors, including on any measures taken to ensure greater involvement of workers and trade unions in the equality planning. The Committee also requests the Government to indicate the measures taken to provide information and training on gender equality planning and the activities carried out by the Office of the Ombudsperson for Equality and the Equality Board to monitor and ensure compliance with section 6(a) of the Act. In this regard, please indicate the number of enterprises formally requested by the Ombudsperson to prepare and submit an equality plan and the number of enterprises fined for non-compliance.

The Committee notes that the Ministry of Social Affairs and Health prepared a report entitled “Men and Equality Policy” with a view to securing a greater involvement of men in the promotion and realization of gender equality. The Government indicates that this aim is to be achieved by means of special measures, e.g. action specifically targeting men. The Committee requests the Government to provide more detailed information on the measures taken or envisaged to achieve greater involvement of men in the promotion of gender equality. The Government is also asked to continue to provide information on the measures taken to address gender-based labour market segregation. The Committee also reiterates its request for information on the final report on the implementation of the Action Plan for Gender Equality 2004–07.

With regard to collective bargaining, the Committee notes from the STTK’s comments that the social partners’ round table on equality recommended the continuation of gender impact assessments of collective bargaining agreements. It was also agreed to examine whether gender-based names and job descriptions of professions are still used. It was further decided that the social partners send equality plans and examples of good practices to the Finnish Centre for Occupational Safety for inclusion in their database. The Committee would appreciate receiving information on the measures taken and results achieved in following up on the round table’s recommendations, including more detailed information on the implementation of gender impact assessments of collective bargaining agreements.

Measures to combat racial and ethnic discrimination. The Committee notes that the Ministry of Labour issued guidelines for the promotion of diversity and non-discrimination in labour administration. The Government also indicates that training offered to immigrants has been expanded. A number of anti‑discrimination projects under the European EQUAL initiative target immigrants, ethnic minorities, asylum seekers and special groups of women, e.g. women from rural areas. A number of awareness-raising and information campaigns were implemented, inter alia, to sensitize work communities and employers. The Committee also notes that a report on good practices to promote diversity in employment was drafted by the Working Group on Employment of the Advisory Board for Ethnic Relations. The Committee requests the Government to continue to provide detailed information on the measures taken to combat racial and ethnic discrimination in employment and statistical information on the labour market situation of groups suffering from racial and ethnic discrimination. Please also provide information on the content of the report on good practices to promote diversity in employment prepared by the Working Group of the Advisory Board for Ethnic Relations.

Access to traditional occupations of the Sami people. The Committee notes from the Government’s report that the Finnish labour administration, in cooperation with the Sami Parliament, has launched a study on Sami businesses and means of livelihood. In this context, the Committee notes that the Committee on Economic, Social and Cultural Rights has recently expressed concern over the legal uncertainty surrounding the question of ownership and use of land in the Sami Homeland, which affects the right of the Sami to maintain and develop their traditional culture and way of life, in particular reindeer herding (E/C.12/FIN/CO/5, 16 January 2008, paragraph 11). The Committee stresses the need, under the Convention, to take appropriate measures to promote and ensure equality of opportunity and treatment of indigenous peoples in employment and occupation, including facilitating the exercise of their traditional occupations. The Committee requests the Government to indicate the measures taken or envisaged, in cooperation with the Sami Parliament, to ensure Sami’s access to their traditional occupations, particularly in the light of section 2 of the Non-Discrimination Act (21/2004) referring to conditions for access to self-employment or means of livelihood.

Access to employment of the Roma and other ethnic minorities. The Committee notes the number of initiatives taken under the Equal Community Initiative Programme with a view to promoting access to employment and occupation of the Roma. It also notes that a Roma contact point has been established in all regional and local employment units and that the results of research on the situation of the Roma in the labour market commissioned by the Ministry of Labour were to be released in 2007. The Committee requests the Government to continue to provide information on the initiatives taken to promote access to occupation and employment of the Roma people and their impact. It also requests the Government to supply information on the findings of the research concerning the situation of the Roma in the labour market commissioned by the Ministry of Labour. Please also provide information on the measures taken or envisaged to promote the access to employment and occupation of Russian-speaking and Somali communities.

Parts III and IV of the report form.  Enforcement. The Committee notes that the Government provides no precise data on the number of cases dealt with by occupational safety and health inspectorates under the Non-Discrimination Act. However, the Government indicates that most of these cases concerned harassment and improper treatment. SAK stated that the occupational safety and health inspectorates have three inspectors to monitor compliance with the Non-Discrimination Act and that additional resources are required to ensure proper monitoring. The Committee requests the Government to provide full information on the complaints brought before the occupational safety and health authorities and the decisions they have taken in this regard. Please also comment on the issue of adequate resource allocations to the authorities charged with monitoring anti-discrimination and equality legislation.

Noting that the Government’s report contains information on one court decision concerning workplace discrimination, the Committee requests the Government to make every effort to provide full information on the number, nature and outcome of any cases involving discrimination in employment and occupation dealt with by the courts or any other competent bodies under the Act on Equality between Men and Women and the Non-Discrimination Act.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s report and the comments of the Confederation of Finnish Industries (EK), the Central Organization of Finnish Trade Unions (SAK), the Finnish Confederation of Salaried Employees (STTK) and the Confederation of Unions for Academic Professionals in Finland (AKAVA), included therein.

1. Legislative developments. The Committee notes the adoption of the Act on equality between women and men (232/2005) which amends and replaces previous gender equality legislation. The Committee notes that the Act, inter alia, introduces definitions of direct and indirect discrimination based on sex, and defines and prohibits sexual harassment. The Committee notes the Government’s indication that the provisions concerning equality plans have been made more specific and that fines can now be imposed on employers for not establishing such a plan. The Committee notes further that both the Ombudsperson for Equality and the Equality Committee are entitled to obtain from other authorities any information necessary for their supervisory work. Noting these developments with interest, the Committee asks the Government to provide with its next report information on the implementation and enforcement of the new Equality Act, including the progress made with regard to the adoption and implementation of equality plans.

2. The Committee notes the judgement of the European Court of Justice of 24 February 2005 in case C-327/04, declaring that by failing to adopt, regarding the province of Åland, the laws, regulations and administrative provisions necessary to comply with Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin, Finland had failed to fulfil its obligations under the Directive. The Committee requests the Government to provide information with its next report on the measures taken to implement the principle of equal treatment between persons irrespective of racial or ethnic origin in the said province.

3. Measures to promote gender equality. The Committee notes the adoption of the Government’s Action Plan for Gender Equality 2004-07 which includes specific objectives for improving gender equality and eliminating gender discrimination in employment and occupation. The Action Plan envisages, inter alia, measures to support the reconciliation of working and family life. Family leave legislation is to be developed and a more equal division of such leave between both parents will be encouraged. Moreover, the Committee notes that a report will be prepared on the topic “men and equality”, which will examine the role of men in the context of equality policies. The Action Plan also addresses the problems faced by immigrant women. Legislation and practices concerning their integration will be developed, providing immigrant women with the opportunity to participate in training and services. The Committee notes with interest the Government’s commitment to allocate additional resources to equality issues and that different ministries will be intensifying their cooperation regarding gender mainstreaming, with an equality liaison officer to be appointed in each ministry. Noting that the final implementation report of the Action Plan will be published in spring 2007, the Committee looks forward to receiving information on the measures taken under the Action Plan and the results achieved.

4. The Committee further notes from the comments provided by SAK, STTK and AKAVA, that the evaluation of gender impact was discussed during the 2003‑04 collective bargaining round, and it was decided that progress in this regard would be monitored by the “round table of equality” forum of the social partners. Moreover, in the most recent collective negotiations, it was agreed that the parties would examine working time models used at the workplace aiming to improve the possibilities of caring for children, which would promote the employees’ possibilities of influencing the timing and management of their own working hours. The Committee welcomes these initiatives and would appreciate receiving any further information on their implementation and results.

5. Measures to combat racial and ethnic discrimination. The Committee notes from the Government’s report that the Ministry of Labour has issued general recommendations on the content of the equality plans, including regarding discrimination on the basis of ethnic origin. These plans are to be adopted by central and local government authorities under the 2004 Non-Discrimination Act. It also notes the various initiatives and measures taken by the Government and social partners to promote awareness and knowledge of the Non-Discrimination Act and promoting workplace diversity. The Government is requested to continue to provide information on the measures taken to combat racial and ethnic discrimination in employment and occupation.

6. Access to employment of the Roma and the Sami. The Committee notes the information provided on the situation of Roma and Sami people in employment and occupation. It notes that after an analysis of the number, age and educational background of registered Roma jobseekers in 2003, the Ministry of Labour took various initiatives and urged employment offices and employment and economic development centres to take a number of measures. These measures include appointing equality officers and representatives to the regional advisory committees on the Roma people and collaborating with Roma representatives. There is also an initiative to appoint persons speaking the Sami language in the regional administration. The Committee further notes that the Ministry of Labour intends to prepare relevant guides and manuals to facilitate access of Roma and Sami people to labour market services, as well as to raise awareness of employers. The Committee requests the Government to continue to provide information on the measures taken with regard to promoting access to occupation and employment of the Roma and Sami people.

7. Enforcement. With regard to the activities of the occupational safety and health authorities having responsibility for the enforcement of the Non‑Discrimination Act of 2004 with respect to employment and occupation, the Committee notes the Government’s indication that individuals may lodge applications with the authorities. The authorities may issue guidelines and advice to the parties, and, where appropriate, report to the prosecutor any case concerning discrimination at work. The Committee asks the Government to indicate whether any complaints have been lodged with the occupational safety and health authorities and how they have been decided, as well as whether the authorities have reported any cases to the prosecutor’s office.

8. The Committee further notes from the Government’s report that the Ombudsperson for Minorities is mandated to deal with ethnic discrimination in areas other than employment. However, the Committee understands that the Office of the Ombudsperson is forwarding work-related applications received by it to the competent authorities. It requests the Government to indicate whether any complaints concerning discrimination at work have been received by the Ombudsperson and the manner in which the Ombudsperson has cooperated with the competent authorities to resolve them.

9. Finally, the Committee requests the Government to provide information on the number, nature and outcome of any cases involving workplace discrimination dealt with by the courts under the reformed Equality Act, the Non‑Discrimination Act or other relevant legislation.

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

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.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the detailed information contained in the Government’s report.

1. The Committee notes the Government’s statement that the Ministry of Social Affairs and Health reorganized the management and administration of equality matters as of 1 May 2001, and that the two competent authority units are the Equality Ombudsperson’s Office and the Gender Equality Unit. It notes that the Equality Ombudsperson is responsible for supervising the implementation of the Act respecting equality between men and women (Act No. 609 of 1986) (the Equality Act), promoting gender equality, providing information about the law and its application and monitoring the achievement of equality. The Committee notes that the Gender Equality Unit carries out preparatory work and develops the Government’s equality policy in cooperation with other ministries, works on mainstreaming gender equality and matters related to European Union laws on equality and equality policy, and international affairs. The Committee asks the Government to continue to provide information with its next report on the activities carried out by these two institutions to implement the principle of equality in employment and occupation, including copies of any relevant publications and surveys.

2. The Committee notes the publications "Finland’s National Action Plan for Employment" of 2000 and 2001, which set out the Government’s strategy to reduce gender differences in the labour market. It notes that the Finnish labour market is still divided into men’s and women’s occupations and that only 16 per cent of the workforce is employed in "equal" occupations where the gender distribution is within 40-60 per cent. The Committee notes that the Government aims continuously to influence the mechanisms behind people’s choices of occupation to encourage men and women towards a more equal distribution in the various occupations. It also notes the launching of the four-year project, "An equal labour market" in 2000, which seeks to identify the key factors in unravelling gender differentiation in the professional fields studied. The Committee also notes the Tietonaisia Campaign, launched in 1999, which attempts to raise the interest of young women and girls at upper secondary and comprehensive levels in seeking training in the information technology (IT) sector. It notes the Government’s statement that feedback indicates that, even though it is a long-term project, it has been able to detect a clear increase in recent years in the proportion of young women seeking to enter the IT sector. The Committee also notes the TiNA project launched by the Helsinki University of Technology to encourage women’s participation in technical disciplines. The Committee asks the Government to continue providing information on the measures adopted to encourage women and men to take up non-traditional training and to enter non-traditional occupations, including information regarding the results achieved in this regard.

3. The Committee notes from the report that, with the mainstreaming of equality, new measures in 2001 include: an equality barometer to monitor equality trends; the compilation of data on the use by workers of care leave; and greater encouragement to fathers to make use of their parental leave. The Committee asks the Government to continue providing information with its next report on the findings and measures taken as a consequence of these various projects and their impact on the promotion of gender equality in the labour market.

4. The Committee notes that Chapter 4 of the Employment Contracts Act (Act No. 55 of 2001) contains more flexible provisions on family leave to encourage fathers to make greater use of their parental leave. It also notes that Chapter 2, sections 5 and 6, of the Employment Contracts Act states that an employer who needs more workers for work which is suitable for workers who are already working part time, shall propose such work to the part-time workers. The Committee asks the Government to please indicate with its next report on the practical application of these provisions and their impact on gender equality in employment.

5. The Committee notes the adoption on 9 April 1999 of the Act promoting the integration of immigrants and the reception of asylum seekers (Act No. 493 of 1999), which entered into force on 1 May 1999. It notes the purpose of the Act is to promote the integration, equality and freedom of choice of immigrants through action to promote the learning of the basic knowledge and capabilities that are needed in society (Chapter 1, section 1). The Committee notes that, under the Ordinance promoting the integration of immigrants and the reception of asylum seekers (Ordinance No. 511 of 1999), equality programmes have to be negotiated with communes. It notes that these measures must include the opportunity to learn Finnish or Swedish, which will improve their opportunities to join the labour market (section 2). In this respect, the Committee notes the Government’s statement that the unemployment rate among immigrants, as estimated by the Ministry of Labour in 2000, has fallen to 31.7 per cent, compared with 37.5 per cent in 1999 and 38.3 per cent in 1998 and that it has fallen among all immigrant groups as a result of the adoption of the abovementioned Act. The Committee requests the Government to continue providing statistical information on unemployment rates among immigrants, segregated by sex, as well as information on other measures taken and studies carried out to improve the integration of immigrants in employment and occupation.

6. The Committee notes the Ministry of Labour’s first survey on ethnic discrimination, entitled: "The recruitment of ethnic minorities and their experiences in working life" (Labour Policy Studies, No. 218 of 2000), a copy of which was provided by the Government. It notes that the survey covers immigrants and Roma, and is based on interviews in which half of the Roma and 20 per cent of the immigrants reported that they had suffered unequal treatment by their employers. The Committee therefore reiterates its request to the Government to provide detailed information with its next report on the efforts that are being made to inform the Roma and immigrants of their rights and the means of redress available in cases of discrimination in employment and occupation. 

7. The Committee notes the detailed action plan entitled: "Towards ethnic equality and diversity", published by the Ministry of Labour in 2001, which emphasizes the role of employers and employees, NGOs, religious communities and the media. It notes with interest that one of the results of this action plan was the adoption on 13 July 2001 of the Act on the Minorities Ombudsperson (Act No. 660 of 2001), which entered into force on 1 September 2001, replacing the Aliens Ombudsperson Act (Act No. 446 of 1991). It notes that the Minorities Ombudsperson is attached to the Ministry of Labour and that its functions are to: promote good ethnic relations in society; monitor and improve the situation and rights of foreign persons; take initiatives to resolve undue discrimination and bad conditions found by the Ombudsperson; and to carry out the duties under the Act respecting foreign persons (No. 378 of 1991). The Committee requests the Government to provide detailed information with its next report on the activities of the Minorities Ombudsperson and other measures adopted as a result of the above action plan.

8. The Committee notes the Government’s statement, that during the period 1996 to 2000, a total of 478 Roma (including 272 women) participated in vocational training under the Romako project. It notes the Government’s statement that the National Board of Education and the labour administration were negotiating the courses to be provided in 2001. The Committee requests the Government to continue providing information with its next report on the vocational training courses carried out for Roma persons, the number of participants and the number of women participating in the courses.

9. The Committee notes that in accordance with Article 1, paragraph 2, of the Convention, activities related to religious practices are outside the scope of the Equality Act. It notes the Government’s statement that the Supreme Court Judgement of 1 January 2001 found that the Equality Act is applicable for the selection of a female curate. The Court stated that the limitation in the Act must be interpreted in the way that best promotes gender equality in working life. The Committee notes the Supreme Court’s statement that, when a parish acts in the position of an employer and selects its curate, there is no legal ground to argue that this process is an activity related to the practice of religion. The Committee also notes the Court of Appeal’s ruling of 18 March 1999 in which an employer was required to pay compensation to a woman worker who had suffered sexual harassment. The Committee requests the Government to continue providing information on the case law concerning equal opportunities in employment and occupation.

10. The Committee recalls its previous request for information concerning the amendments to the Act respecting co-determination in enterprises with regard to the equality issues to be included in personnel and training plans, which would result in equality issues being addressed more frequently by enterprises. The Committee requests the Government once again to provide information with its next report on the practical results of such equality plans.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

1. The Committee notes the detailed information contained in the Government’s report. It notes the comments attached to the report by the Commission for Local Authority Employers (KT) and the Confederation of Unions of Academic Professionals in Finland (AKAVA). It also notes the information attached to the report by the Confederation of Finnish Industry, the Employers’ Confederation of Service Industries in Finland, and the Central Organization of Finnish Trade Unions on their activities undertaken to promote equality in the areas of collective bargaining and enterprise management. The Committee will consider the issues concerning equal pay and the equality allowance under Convention No. 100.

2. The Committee notes the adoption on 11 June 1999 of a new Constitution, which entered into force on 1 March 2000. It notes that article 6(2) provides that "no one shall, without an acceptable reason, be treated differently from other persons on the grounds of sex, age, origin, language, religion, conviction, opinion, health, disability or any other reason that concerns his or her person", which is in accordance with Article 1 of the Convention. It notes that article 6(4) states that "equality of the sexes shall be promoted in societal activity and working life, especially in the determination of pay and the other terms of employment, as provided in more detail by an Act". The Committee also notes the adoption on 2 February 2001 of a new Employment Contracts Act (Act No. 55 of 2001), which entered into force on 1 June 2001, replacing Act No. 320 of 1970. It notes that Chapter 2, section 2, provides that "an employer may not without reasonable grounds treat a worker differently due to age, state of health, national or ethnic origin, sexual orientation, language, religion, opinion, family relations, trade union activities, political activities or any other comparable condition". It further notes the Act respecting equality between men and women (Act No. 609 of 1986) was amended on 24 January 2001 to strengthen provisions prohibiting discrimination based on sex. The Committee asks the Government to provide information on the application and enforcement of the newly adopted provisions on the elimination of discrimination in practice.

3. Further to its previous comments, the Committee notes the repeated concern expressed by the AKAVA that sex discrimination in fixed-term employment relationships is still a serious problem and that such jobs are most commonly to be found in the public sector, among young, highly educated women. AKAVA states that 85 per cent of its women members below 30 years of age working for the Government are in fixed-term employment relationships. It also states that the salaries of fixed-term employees are on average much lower than those of permanent employees, and that women’s careers suffer from this. AKAVA states that it seems that fixed-term jobs are used deliberately to circumvent job security and to keep down the costs employers have to bear due to family leave.

4. The Committee notes the comments by the Commission for KT, in which it states that the claim made by AKAVA - that employers do not want to take on women of childbearing age - requires confirmation through much more detailed analyses. It considers that fixed-term jobs among women specifically derive from the fact that people are needed to replace workers who are on maternity, parental and care leave. KT states that in fields of employment in which men predominate, leave other than parental leave is taken very much less than in fields of employment in which women predominate and thus there are nowhere near as many replacements needed in the former as in the latter. Noting the various measures taken by the Government to study, analyse and address inequalities in the labour market, the Committee would be grateful if the Government would address the issues raised above concerning discrimination in employment against women of childbearing age and provide information with its next report.

5. Further to previous comments the Committee thanks the Government for the information provided on the procedures and enforcement actions to protect workers against retaliation for making complaints of discrimination. Please continue to provide practical information on the application of the prohibition of retaliation.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

1.  The Committee notes from the report that, to date, no decisions have been handed down from the higher courts interpreting the new provisions on occupational discrimination added to the Penal Code through Act No. 578 of 1995. The Committee notes the information supplied by the Government regarding the decision of the Labour Court of 14 April 1998 holding that the clauses governing pay supplements for experience in the general municipal employment agreement for 1995-96 contravened the pay provisions of the Act on Equality between Women and Men, 1986, because the clauses did not allow maternity or parental leave to be counted as service time entitling employees to an experience supplement. The Government also indicates that the Supreme Court has issued court decisions predicated on sections 7 and 8 of the Equality Act as well as on section 17(3) of the Employment Contracts Act. The Committee would appreciate receiving summaries of the decisions rendered and expresses the hope that the Government will continue to provide information on developments in case law pertaining to equality in future reports.

2.  The Government indicates that gender inequalities persist in Finland, particularly with regard to employment opportunities, the nature of employment relationships and pay. In the area of balancing work and family responsibilities, the Government states that, while more than half of all fathers take paternity leave, it is mostly mothers who take family leave. In this regard, the Committee notes the amendment of the Employment Contracts Act by Act No. 357/1998, which contains flexible provisions on family leave designed to encourage more fathers to take advantage of the leave available and thereby decrease potential indirect discrimination against women with small children.

3.  The Committee notes the follow-up report on the Plan of Action for the Promotion of Gender Equality supplied by the Government. It notes from the follow-up report that a study will be conducted to assess the social impact of the Equality Act, particularly in working life and social decisions. It also notes the proposal in the follow-up report for a programme to reduce gender bias in education and training through the principle of mainstreaming. The Committee requests the Government to continue to keep it informed of programmes implemented pursuant to the Plan of Action as well as on the results achieved by those programmes. Further to the Committee’s prior comments, it notes the implementation of proposals made by the working group on women’s employment. The Government indicates that the 1997 economic and incomes settlement includes measures to improve gender equality, which are being advanced by the working group. The Committee requests the Government to keep it informed of developments in this regard.

4.  The Committee notes the statistical data supplied by the Government on the distribution of men and women in atypical and part-time employment. It requests the Government to indicate the measures taken to ensure that women’s concentration in atypical and part-time employment does not result in women being disproportionately under-remunerated in their employment.

5.  The Committee notes from the report that the tripartite committee appointed by the Council of State to examine amendments to the Employment Contracts Act was given an extension of time until 31 October 1999 to finish its work, which included preparing the amendments to the Act concerning family leaves that were adopted by Act No. 357/1998. The Committee further notes that, pursuant to the Act on codetermination in companies, equality is one of the issues to be addressed in personnel and training plans, which results in equality issues being addressed more frequently by enterprises. Noting the Government’s statement that it is too early to evaluate the concrete results of equality planning on workers and enterprises, the Committee would be grateful if the Government would continue to keep it informed of developments in this regard. The Committee notes the Government’s statement that the Government’s equality programme for 1997-99 has achieved a number of positive results. Ongoing projects in the programme include evaluation of the impact of the Equality Act, mainstreaming of equality in government and improved support for equality objectives in the national employment programme and the EU Structural Fund programmes. The Committee would appreciate continuing to receive information on the projects being implemented under the Government’s equality programme and the concrete results achieved.

6.  Discrimination on the basis of race, colour and national extraction.  The Committee notes from the report that the Romako project aims to create equal opportunities for Roma in working life by, inter alia, conducting individual assessments of participants to determine their needs in respect of training and employment. The Government states that Finnish Roma training levels have risen due to adult labour market training as well as to the Romako project. Please provide information on the number of Finnish Roma participating in vocational training programmes offered by the Government or through the Romako project. The Government indicates that the 1996 project on regional advisory boards has brought positive results, and states that a two-year pilot project was initiated to improve the participation of the Roma in the regional administration, establishing new regional advisory boards on Roma affairs, which launched development projects based on local needs. The Committee notes from the report that these boards have addressed, inter alia, education, housing, employment, day care, health care service and cultural issues relevant to the Roma. It notes that proposals have been made to establish the boards as permanent bodies and to dedicate sufficient economic resources to their work. The Committee requests the Government to keep it informed of measures taken in this regard and to continue to provide information on the activities of the boards.

7.  The Committee notes that the report contains no reply to the Committee’s previous comments requesting information on the development of the system for collecting data on discrimination and on any measures taken or contemplated with regard to informing the Roma of their rights and the means of redress available to them in cases of discrimination. The Committee therefore repeats its request for information in this regard, as well as its request for a copy of the 1997 report of the working group of the interdepartmental advisory committee on refugee and immigrants’ affairs set up to study immigrants’ rights.

8.  The Committee notes from the report that the average unemployment rate for immigrants to Finland is approximately 40 per cent, with rates considerably higher for those persons entering the country as refugees or on humanitarian grounds. The Government attributes this in part to the immigrants’ insufficient command of the Finnish languages, as well as to prejudice and ethnic discrimination. The Committee notes with interest the measures taken by the Government after 31 May 1997 to prevent ethnic discrimination in employment and to promote employment opportunities for immigrants and ethnic minorities in Finland. In this regard, the Committee notes the adoption of the Act on Basic Education (628/1998), which extends the provisions on compulsory education to foreign citizens and is designed to promote entry of young immigrants into vocational training and prevent their exclusion from the Finnish labour market. The Committee notes that responsibility for refugee and immigrant affairs, as well as the Office of the Ombudsman for Aliens, was moved from the Ministry of Social Affairs and Health to the labour administration. In this context, the Committee notes the Ministry of Labour’s proposal that the powers of the Ombudsman for Aliens be increased and that the post be changed to that of a Discrimination Ombudsman. Please indicate the measures taken to implement this proposal, as well as information on the activities of the Ombudsman. The Committee notes the establishment by the Ministry of Labour of a management group composed of representatives of the ministries responsible for the monitoring system for racism and ethnic discrimination as well as the first survey conducted in Finland of ethnic occupational discrimination, with the ultimate goal of putting a full national monitoring system in place during 2000. The Committee requests the Government to keep it informed of developments in this regard, as well as to supply a copy of the results of the survey, once it is completed.

9.  Article 2 of the Convention.  The Central Organization of Finnish Trade Unions (SAK) refers to Article 2 of the Convention in the context of the hotel and catering sector, stating that agencies supplying workers in that sector have refused to apply the generally binding collective agreements applied by the client businesses to their workers, even when the business employee and the worker supplied by the agency have the same job description. The SAK states that it is contrary to the principle of equal opportunity and treatment if different terms and conditions of employment are applied to two employees doing the same work solely because one is employed through an agency and the other by the business using the agency’s services. The Committee understands the concerns of the SAK, but must recall that the scope of the Convention is limited to discrimination based on the grounds set forth in Article 1 of the Convention.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the Government’s report, as well as the comments attached to the report of the Chemical Workers’ Union, a member of the Central Organization of Finnish Trade Unions (SAK), and the Confederation of Unions for Academic Professionals in Finland (AKAVA).

1.  With respect to the employment of women, AKAVA indicates that highly trained young women are primarily employed in fixed-term employment relationships. AKAVA points out that 74 per cent of all male members of AKAVA under 30 have permanent full-time jobs, compared to 36 per cent of female AKAVA members under 30. Of all women below 30 with full-time jobs, 53 per cent are employed on a fixed-term basis. AKAVA indicates that this situation suggests that employers are less inclined to hire young women of childbearing age than young men of the same age.

2.  The Committee notes the Government’s indication that women’s achievement of equal levels of education has not been sufficient to guarantee them equal pay or equal careers in comparison with men. The Government states that gender inequalities persist, primarily with regard to employment opportunities, the nature of employment relationships, and pay. The Committee also notes from the Government’s report on the application of the Workers with Family Responsibilities Convention, 1981 (No. 156), that gender-based occupational segregation is more pronounced in Finland than in many other countries in the European Union and that, during 1999, the labour administration will be working on a plan to achieve greater gender desegregation in the Finnish labour market. The report states that the TE (employment and economic development) Centres’ Labour Market Departments are formulating a plan for integrating the desegregation policy into the daily work of employment offices and the services they offer, particularly with regard to training. The Committee also notes that the strategic project, "An equal labour market (2000-2003)", will be launched within the framework of Finland’s National Action Plan for Employment and that a project to increase the number of girls and women studying mathematics, physics, chemistry and other technical disciplines has been initiated. It notes the campaign "Information Women", launched in 1999, to increase the proportion of women in the information industry. The Committee notes these measures undertaken by the Finnish Government to address the issues mentioned and promote equal access in employment and occupation. It hopes that the Government will continue to provide information on such measures in future reports, including information regarding the results achieved in this regard.

3.  The Chemical Workers’ Union states that it is difficult for employees to initiate complaints under the Act on equality between women and men (the Equality Act) due to fears of retaliation. The Committee requests the Government to supply information regarding the number of cases brought before the Equality Ombudsman, the types of cases presented, and the outcomes. Please also indicate any measures taken to protect - from retaliation - persons bringing or involved in equality complaints.

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

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.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

1. The Committee notes the information contained in the Government's report on measures taken to promote equality in employment in both the public and the private sectors. It notes with interest the launching, at the suggestion of the Equality Ombudsman's Office, of an equality consultancy training programme aimed at educating consultants in the drafting of equality plans in the public and the private sectors and requests the Government to keep it informed of the results obtained.

2. The Committee also notes that in reply to its request for information on the measures being taken to promote equality in employment in the private sector, the Government refers to its bill placed before the Parliament in 1994, to amend the Equality Act in several respects in order to require various additional measures from employers in both the public and private sectors. It requests the Government to indicate in its next report whether these amendments have been adopted.

3. The Committee also notes the information contained in the report on the findings and the research done by the Institute of Occupational Health, indicating that although sex-based barriers in some professions have disappeared, in others the rising educational standards of women have not had any immediate effect on women's career prospects. Due to hierarchical structures, the number of women working with top management remains low, while the number of women working with middle management is increasing. The Committee also notes the comments of the Confederation of Unions for Academic Professionals in Finland (AKAVA), indicating that men with university degrees are employed by the private sector, to a greater extent than women with degrees. The Committee requests the Government to continue to provide information on its research, and on further measures to correct these problems.

4. The Committee notes the findings of the Study on Sexual Harassment, published in 1993, to which it had referred previously. It also notes that the draft legislative amendments to the Equality Act take these findings into account in an effort to strengthen measures against sexual harassment.

5. The Committee notes the comments of the Central Organization of Finnish Trade Unions (SAK), pointing out that the percentage of women part-time workers among its members has risen considerably during the 1990s and that the majority of these women workers work on this basis against their will. The Committee requests the Government to indicate any measures taken to enable women working part time to obtain full-time employment.

6. The Committee notes with interest the participation of Finland in various anti-racism campaigns on the national and regional levels, and measures taken to eliminate discrimination against the Romany population. The Committee also notes the information supplied by the Government on the plan for action currently being drafted by the Ministry of Justice, taking into consideration the 1990 report of the working group on discrimination based on national extraction, recommending an update of the legislation and the administrative procedures in this field. The Committee requests the Government to provide information in its next report on any movement towards implementing these recommendations.

7. The Committee also notes with interest the information on the ongoing debate towards reforming the Criminal Code, so as to make it a criminal offence under the Criminal Code for an employer to discriminate against an applicant or worker because of his or her race, national or ethnic origin, colour of skin, language, gender, age, family situation, sexual proclivity or state of health, or religion, political opinion, political or professional activities. The Committee requests the Government to keep it informed of the further developments in this respect.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

1. The Committee notes with interest the addition to the Penal Code through Act No. 578 of 1 September 1995 of the offence "discrimination in employment", defined as the placing of anyone in a disadvantaged position in job advertising, hiring or employment due to that person's race, national or ethnic origin, colour of skin, language, sex, age, family situation, sexual orientation or health status, religion, social opinion, political or union activities or any comparable circumstances. The Committee also notes that another offence, "discrimination", covers similar acts in the exercise of trade, public services or other official functions where they cannot be regarded as discrimination in employment. Noting that the relocation of these provisions to the Penal Code from the Contracts of Employment Act, the widening of their scope and the increase of the maximum prison sentence to six months are aimed at strengthening their preventive effect and the seriousness with which such offences are viewed, the Committee requests the Government to provide any available information on the effect of the new provisions, including, where available, examples of case law.

2. Discrimination on the grounds of sex. The Committee notes with interest the amendments to the 1986 Equality Act, made by Act No. 206 of 17 February 1995, which require, in section 6, employers to promote equality between the sexes by encouraging job applications from both sexes; promoting even numbers of men and women for different tasks and creating equal possibilities to advance; adapting working conditions to suit both men and women and facilitating the combining of work and family responsibilities for both sexes; and ensuring, to the extent possible, that employees are not subjected to sexual harassment. The Committee also notes that section 20 is amended so that the central employers' and workers' organizations (in addition to the Equality Ombudsman) may bring alleged discriminatory practices, especially in advertising vacant posts, before the Equality Board. Noting the Government's expectation that the amendments will contribute to greater equality on the Finnish labour market, the Committee asks to be kept informed of the practical impact of the amended Act.

3. In response to the Committee's earlier comments regarding women's career prospects, the Government draws attention to the requirement in section 6a of the amended Equality Act for employers in workplaces which regularly employ more than 30 people to include active measures to hasten the achievement of equality between men and women in their yearly personnel and training plans or in the workers' protection plans. Noting from the Government's report that the number of women in higher positions remains low despite a higher level of qualifications among women under 50 years of age as compared to men of that age, the Committee requests the Government to provide information on the monitoring of employers' efforts to comply with this provision (e.g. in their equity plans) and, in future reports, on any evaluation of the extent to which this requirement has contributed to establishing equality between men and women as regards hiring and promotion.

4. Noting from the Government's report that 30 people from the public and private sectors are involved in the equality consultancy training programme aimed at educating consultants in the drafting of plans for equality between men and women, the Committee requests the Government to keep it informed of the results obtained.

5. The Committee notes the Government's observation that great changes in the Finnish labour market during the 1990s have resulted in an increase in the number of "atypical" employment relationships, one of which is part-time work. In reply to the Committee's comments on women engaged in part-time work, the Government points out that although this number rose from 10.4 per cent in 1989 to 11.2 per cent in 1994, the rate of men engaged in part-time work rose from 4.1 per cent to 6.1 per cent during the same period. The Committee notes from the information submitted by the Confederation of Unions for Academic Professionals (AKAVA) that while 33 per cent of men under age 30 with a university degree are employed on temporary and fixed-term contracts, the corresponding figure for women is 53 per cent. The Committee further notes the comments of the Central Organization of Finnish Trade Unions (SAK) that the unemployment figure for women exceeded that of men in the summer of 1995 for the first time in several decades. In their comments, AKAVA and SAK share the concern that the economic recession and cuts in public expenditure have had a greater negative effect on women's employment opportunities than on those of men. The Committee asks the Government to indicate any measures taken to ensure that the increase in "atypical" employment relationships, many of which carry negative consequences as regards income and job-security, does not unfairly disadvantage women on the labour market. Noting the Government's programme prepared in spring 1995 to develop equality between the sexes in working life over 4 years (1996-99), the Committee asks the Government to inform it of any measures taken or under consideration (e.g. in the Ministry of Labour's labour market policy objectives using the European Social Fund) to strengthen its labour market policies in the field of equality of opportunity for women in all sectors of the economy.

6. The Committee notes the comments made by SAK in relation to section 27(4) of the State Civil Servants Act, 1994, according to which a civil servant who is pregnant, on parental leave or on care leave may be given notice if the agency concerned closes down. The Committee draws the Government's attention to the fact that such a practice, which is more likely to affect women and, in the case of pregnancy, affects only women, may lead to discrimination against women. It requests the Government to inform it of any measures taken to prevent such a development based on this provision.

7. Discrimination on the grounds of race, colour and national extraction. The Committee notes the Government's reference to its report submitted to the Committee on the Elimination of All Forms of Racial Discrimination, where it stated that discrimination against Rom in Finland is relatively common, and that Rom generally are thought to have difficulties finding jobs, partly as a result of their educational level being lower than average. Noting that the plan of action of the Ministry of Justice based on the findings of the working group on discrimination on the grounds of national extraction, which recommended an update of the legislation and administrative procedures in this field, is still pending, the Committee asks the Government to keep it informed of any developments in this regard.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

With reference to its previous direct requests, the Committee notes with interest the various measures outlined in the Government's report to eliminate discrimination in employment on the ground of sex: legislative initiatives to extend parental leave; the Decree on the Equality Plan for the Public Administration of 1 January 1991; the Council of State decision in principle of 7 March 1991 to promote equality between the sexes and the principle of equal pay; the Employment Contracts Amendment Act No. 595 of 27 March 1991 adding specific protection against termination of employment on the ground of pregnancy; and amendment to the Equality Act of 1 August 1992 broadening the grounds of prohibited sexual discrimination.

1. The Committee notes with interest the Ministry of Finance's statistics showing the number of government staff equality plans in force or being drawn up, the description of the Labour Administration's equality plan (setting targets, reporting, publicising of its aims and results through a bulletin and the creation of equality working groups in labour districts), and the adoption by the Ministry of Education in 1991 of an equality plan for training.

The Committee notes, however, the comments of the Central Organization of Trade Unions (SAK) and the Confederation of Salaried Employees of Finland (TVK), pointing respectively to the lack of equality plans in the private sector and of adequate sanctions and group legal action under the Equality Act of 1987, and to the 20 to 25 per cent wage differential between male and female remuneration as the greatest practical obstacle to equality in employment. On this point the Finnish Employers' Confederation (STK) and the Employers' Confederation of Service Industries (LTK) observe that a 1990 study of pay inequalities in industry shows that the difference can be largely ascribed to the fact that men and women have different professions and do different jobs.

The Committee would accordingly request the Government to indicate in its next report what measures have been taken or envisaged: (a) to promote the national policy of non-discrimination in employment in the private sector, with the cooperation of employers' and workers' organizations and other appropriate bodies; and (b) to improve the enforcement of the Equality Act of 1987 through adequate sanctions and means of recourse. The Committee will deal with the question of inequalities in pay in the framework of Convention No. 100, which Finland has ratified.

2. The Committee recalls that the study of sexual harassment in the workplace was to have been completed in late 1992 and that the Government referred to the study as an example of the effort being made to improve working conditions for women. The Committee requests the Government to provide information concerning the study's findings and on any measures taken as a result of the study.

3. The Committee notes that the Working Group set up to investigate the forms of discrimination based on national extraction submitted its report, entitled "Multicultural Finland" in November 1990 to the Ministry of Justice, which recommended, inter alia, the establishment as soon as possible of a broad-based preparatory body entrusted with updating the legislation and administrative procedures needed in this field. Observing that plans for further action are under way, the Committee requests the Government to continue to supply infomation on the measures taken to implement these recommendations.

4. The Committee notes with interest the various legislative measures which have been taken to improve maternity, paternity and parental leave and the protection of maternity and parenthood. It will deal with those matters in due course in the framework of Convention No. 156, also ratified by Finland.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the information provided in the report of the Government in reply to its previous observation, concerning the burden of proof in discrimination cases, the elaboration of equality plans, the introduction of a special equity allowance for sectors with a high predominance of females and the establishment of a working group to study classification systems. It also notes the information provided in the report concerning the implementation of the Government's equality programme 1980-85 and the Government's statement that many of the objectives of the programme were achieved.

1. The Committee notes with interest the following legislative amendments referred to by the Government in its report:

- an amendment to the Contracts of Employment Act (in 1990), to improve the position of part-time workers who are predominantly women;

- the amendments to the pension legislation (Acts Nos. 100-105 of 1990) to grant widowers the same rights granted to a widow's pension as widows;

- the adoption of the Aland Equality Act of 1989, which contains similar provisions as the State of Finland Equality Act.

2. The Committee notes from the Government's report that only a few plans have been drawn up under paragraph 4 of section 9 of the 1986 Equality Act, as they are not obligatory. It thus welcomes the following initiatives to develop or implement such plans:

- The issuance by the Ministry of Finance on 29 January 1990 of a recommendation on promoting equality in state offices and agencies. According to the Government's report, the recommendation requires state agencies and offices to draw up itemised plans to promote equality which should include a number of objectives such as increasing job mobility, promoting women's careers and introducing job proficiency tests. The Committee requests the Government to provide information on the formulation of such plans and their impact in the workplace.

- The proposal by the State Equality Working Group that the Council of State should decide on the authorities' equality plans. The Committee requests the Government to keep it informed of the status of this proposal and the contents of the equality plan adopted.

- The implementation of the labour administration's equity plan for 1990-92. The Committee requests the Government to provide information on the evaluation of the plan, if any is done, and on the results of the plan in terms of fulfilling its aim of promoting equality and improving women's position in working life.

3. With respect to its previous direct request concerning the investigations carried out by the Equality Ombudsperson's Office, the Committee notes with interest the publication "Same job, same pay" which the Government indicates has been used as a basis in equal pay cases. The Committee also notes that the study on sexual harassment in the workplace should be completed in 1992; it requests the Government to provide information on the results of the study in its next report.

4. The Committee notes the information provided by the Government concerning publications of the advisory board on state personnel policy and asks the Government to continue to provide information on publications and policies issued which are relevant to the Convention.

5. The Committee notes the amendment to the Contracts of Employment Act (No. 284 of 1988) which added provisions of temporary and partial care leave to the maternity, paternity and parental leave. It also notes from the statistics supplied by the Government that in 1989 while 36 per cent of fathers took paternity leave, only 3.9 per cent of fathers took parental leave. The Committee requests the Government to indicate the measures contemplated or taken to encourage fathers to take parental leave.

6. In its previous direct request, the Committee had noted the presence of Sami and Romany (gypsy) populations in the country and requested information on measures taken for the promotion of equality for ethnic groups. The Committee notes with interest that the Ministry of Justice has set up a working group to investigate the forms of discrimination in ethnic groups and to determine the need, if any, of related legislation. The Committee requests the Government to provide information on the findings of the working group and any proposals or recommendations it makes.

7. The Committee notes from the Government's report submitted to the 37th Session of the UN Committee on the Elimination of Racial Discrimination (CERD/C/185/Add.1, 1989) that a task force for the Penal Code Reform has prepared a proposal for a new penal provision on discrimination which would enlarge the scope of criminal discrimination. The Committee requests the Government to provide information on the status of the proposal, and to supply a copy of any text adopted.

8. The Committee notes the information provided by the Central Organisation of Finnish Trade Unions (SAK) that according to the 1989 study of equality in working life conducted by employee organisations, the most important equality issues were pay differentials between men and women, division of labour according to sex, women's low representation in preparatory work, decision-making and unequal use of rights pertaining to family policy. In its opinion, the adoption of the Equality Act has not improved the situation in these respects.

The Committee also notes the statement by the Confederation of Salaried Employees in Finland (TVK) that a lack of systematic planning of equality in working life makes it difficult to achieve the objectives of the Convention.

The Committee asks the Government to continue to supply information in its reports on measures taken to give effect to the Convention. It further requests the Government to indicate the manner in which the workers' and employers' organisations and other relevant bodies participate in the implementation of the national policy to promote equality of opportunity and treatment in employment and occupation.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes the information provided in the Government's report.

1. In its previous comments, the Committee asked the Government to provide information on measures taken or contemplated to apply certain sections of Act No. 609 of 1986 respecting equality between women and men. The Committee notes with interest the following information communicated in the Government's report:

(a) With respect to section 4 of the above-mentioned Act concerning measures taken to change circumstances that prevent the achievement of equality and to increase the presence of women in government bodies:

- the Ministry of Finance, in a memorandum of 17 June 1987, interpreted section 4(2) of the Act in such a way that at least two persons of each sex shall be included in committees or other bodies of this kind with more than three members;

- an investigation ordered by the Equality Ombudsperson showed that, in February 1987, 21.9 per cent of the committees still had no female member;

- Act No. 406/88 amended section 4 of the Act so that it is now applied to all bodies within municipal administrations, except for the councils elected by general elections;

- the Central Office of the Association of Finnish Cities issued a circular on 13 June 1988 recommending that at least two representatives of each sex be elected into municipal bodies from now on.

(b) With respect to section 5 concerning training and education in furtherance of equal opportunity:

- the legislation on education which includes obligations that education on equality should be included in the teaching programme and material in schools;

- the Council of State, upon a recommendation in the 1986 report of the Working Group on Equality of the Ministry of Education, has decided that there will be an investigation into the establishment of college-level vocational education in fields dominated by women, as there currently are no such programmes;

- the Ministry of Labour is taking part in the Nordic project BRYT/AVAA (1985-89) aimed at developing and testing methods for diminishing the division of work based on sex by encouraging girls to expand their occupational choice and to support them therein.

(c) With respect to section 6 concerning efforts made by employers to promote equality:

- the Association of Finnish Cities, after receiving instructions from the Equality Ombudsperson, communicated a circular to municipalities on 2 May 1988 concerning the drawing up of equality plans in cities and certain individual municipalities are preparing plans on their own initiative;

- with respect to private employers, the Equality Ombudsperson has contacted only one employer with a view toward drawing up a plan.

(d) With respect to actions under section 8 and complaints made under sections 11 to 15 on discriminatory advertisements, and fines imposed in this respect:

- nine actions for compensation are pending in the courts of first instance; 30 appeals concerning the appointment of municipal officials are pending at the boards of appeal; and eight cases concerning annulment of appointment to office on the grounds that the appointment has violated the Equality Act, are pending in the Supreme Administrative Court;

- several dozen cases of discriminatory job advertising have been taken up and all resolved without making charges against the employer or the publisher of the advertisements concerned.

(e) With respect to situations which are deemed not to be discrimination under section 9:

- only men who have done their military service are eligible for military duties; compulsory military service does not apply to women, nor is it possible for women to volunteer for such service. Offices within the defence administration have been changed to civilian offices, for which women are entitled to apply;

- associations which expressly limit admission to men or women (action deemed not to be discriminatory under section 9(3)) have not been investigated in detail.

2. The Committee again requests the Government to indicate the nature of any plans which may have been adopted under paragraph 4 of section 9 of the 1986 Equality Act, and any practical results achieved under these plans.

3. The Committee notes with interest the information provided by the Government with respect to the action of the Equality Ombudsperson and Equality Board to supervise compliance with the 1986 Equality Act. It notes that investigations on sexual harassment at the workplace and on equal pay, to be carried out by the Council for Equality and the Office of the Equality Ombudsperson, were to start towards the end of 1988. Please indicate the findings of the investigations. It also requests the Government to indicate in its next report the findings of the report submitted by the Ministry of Social Affairs and Health to Parliament on 9 December 1987 concerning the implementation of the government equality programme in 1980-85 and subsequent major measures for the promotion of equality, as well as of any subsequent similar reports.

4. The Committee notes the Government's statement that no regulations on the more detailed application of the 1986 Equality Act have been adopted under section 24 of the Act. The Committee asks the Government to provide in future reports a copy of any such regulations which may be adopted.

5. The Committee notes the information provided by the Government on section 17 of the Act on Civil Servants concerning unfounded discriminatory treatment. It notes particularly that the Government has not been informed of any cases in which sections 13 and 17 of the Civil Servants' Act, concerning impartiality in appointment to office and in treatment, have been violated. The Committee asks the Government to keep it apprised in future reports of developments in the practical application of these protections for civil servants.

6. With respect to the inclusion, at various levels, within government personnel policy programmes of non-discrimination provisions, the Committee notes the information provided in the Government's report. The Committee requests the Government to provide with its next report a list of titles published in the series of the advisory board on state personnel policy.

7. The Committee notes the conclusion reached by the State Employers' Office that expenses arising from leaves of absence owing to pregnancy and childbirth have not increased since 1985. The Committee asks the Government to continue to provide information in its future reports on developments with respect to maternity, paternity, parental and home-care leave.

8. The Committee notes the Government's statement that it has nothing to report concerning ethnic groups related to the promotion of equality in working life. The Committee recalls in this connection that in its previous observation (1987), it noted a comment by the Central Organisation of Finnish Trade Unions (SAK) to the effect that most of the anti-discrimination measures taken by the Government related only to discrimination on the basix of sex. It refers further to the Government's report in 1987 on the International Convention on the Elimination of All Forms of Racial Discrimination (UN doc. CERD/C/159/Add.1 of 19 January 1988), noting the presence of Sami and Romany (gypsy) populations in the country, problems encountered by them and measures taken for their benefit. The Committee requests the Government to provide in future reports information concerning any problems encountered by these groups in relation to employment, and any measures taken or envisaged to promote and ensure equality of opportunity and treatment in employment and occupation as it relates to ethnic minorities, and in particular in the field of vocational education and training.

9. The Committee notes with interest the following legislative amendments referred to by the Government in its report:

- an amendment to the Unemployment Security Act (No. 226 of 1987), to improve unemployment security of part-time employees, of whom a majority are women;

- under section 7(3) of the new Employment Act (No. 13 of 1987) manpower services should be arranged in such a way that they promote the implementation of equality between the sexes in the labour market;

- under amendments to the Employment Contracts Act (No. 935 of 1987) and the Merchant Shipping Act (No. 936 of 1987) discrimination in recruitment on grounds other than sex is prohibited and penal sanctions are made more severe. These amendments came into force on 1 March 1988;

- the Act on the Equality Ombudsperson and the Equality Board was amended by Act No. 1039 of 1987, due to the enactment of the Civil Servants Act and resulting administrative changes;

- the Act (No. 284 of 1988) to amend the Employment Contracts Act added provisions concerning temporary and partial child-care leave;

- an Act (No. 406 of 1988) to amend sections 4 and 25 of the Act on Equality between Women and Men permits pension plans which were effective prior to 1 January 1987 to provide that the terms of pension security may differ according to the employee's sex, irrespective of the date of the beginning of the employee's employment relationship. Section 4 of the Equality Act was amended as concerns the composition of municipal bodies, mentioned above.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes the comments made by various employers' and workers' organisations which were forwarded with the Government's report.

The Committee notes the wish stressed by the Finnish Employers' Confederation (STK) and the Employers' Confederation of Service Industries (IKK) to respect tripartite co-operation in the future also in the field of discrimination. These organisations also note that discriminatory action by employees is still excluded from punishment in Finnish legislation.

The Committee notes that the Central Organisation of Finnish Trade Unions (SAK) has stated that in discrimination cases, employers should have the burden of proving that their action was based on a factor other than sex. SAK also considers the clear division between women's and men's occupations prevailing in the labour market to be a problem. In its opinion, training paid for by the employers seems to focus on men.

The Committee notes the statement of the Confederation of Salaried Employees (TVK) that Finnish legislation probably corresponds to the provisions of the Convention but that in practice equality between the sexes is not implemented, as shown by the fact that wages of women are still only 75 per cent those of men. The TVK says that investigation of wage discrimination based on sex has not been carried out, making it difficult to remedy this de facto discrimination.

The Committee notes these comments and asks the Government to continue to furnish information in its reports on measures taken to give effect to the Convention. Additional points have been raised in a request addressed directly to the Government.