Demande directe (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

Finlande

Convention (n° 81) sur l'inspection du travail, 1947 (Ratification: 1950)
Convention (n° 129) sur l'inspection du travail (agriculture), 1969 (Ratification: 1974)
Convention (n° 150) sur l'administration du travail, 1978 (Ratification: 1980)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on labour inspection and administration, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection), 129 (labour inspection in agriculture) and 150 (labour administration) together.

The Committee notes the observations of the Central Organization of Finnish Trade Unions (SAK), the joint observations of the SAK, of the Finnish Confederation of Professionals (STTK), and of the Confederation of Unions for Professional and Managerial Staff in Finland (AKAVA), the observations of the Confederation of Finnish Industries (EK) and the observations of the Federation of Finnish Enterprises (SY) on the application of Convention No. 81, communicated with the Government’s reports. The Committee also notes the observations of the SAK on the application of Convention No. 150, communicated with the Government’s report.

A.Labour inspection

Articles 3, 4, 5(a), 6, 7, 10, 11, 16, 20 and 21 of Convention No. 81 and Articles 6, 7, 8, 12, 14, 15, 21, 26 and 27 of Convention No. 129. Impact of the reform of the administration services on the organization and effective functioning of the labour inspection services. The Committee notes the 2020 Annual Report of the Occupational Safety and Health (OSH) Administration in Finland (Annual Labour Inspection Report), indicating that the Ministry of Social Affairs and Health is responsible for steering the OSH Divisions of the Regional State Administrative Agencies (labour inspectorate), and that their activities are based on a four-year framework plan. The 2020 Annual Labour Inspection Report also indicates that the labour inspectorate is moving from sector-based inspection activities towards phenomenon-based enforcement, and is currently focusing on issues related to working conditions, fragmented working life and workload. In response to the Committee’s previous comments, the Government indicates in its report that, in order to facilitate the effective use of resources, a division was established to deal with all of the administrative tasks of the labour inspectorate. The Government further indicates that the Ministry of Finance launched a project in the period 2015–19, for the development of customer-centred activities at the Regional State Administrative Agencies, with the objective of increasing self-service and the use of electronic services. The Committee requests the Government to provide information on the impact of this project on the functioning of the labour inspection system, and to continue to provide information on any reforms affecting the organization of the labour inspectorate and its operations.

In addition, the Committee previously requested information on any follow-up to the report on the evaluation of the Finnish system of labour inspection by the Senior Labour Inspectors Committee (the SLIC Report), and the introduction of the supervisory software data system, “VERA”. The Committee notes the indication of the Government that the VERA system is now in full use and a key tool for targeting and monitoring enforcement activities in the field of OSH. The Government states that the system has increased the effectiveness and the quality of the labour inspectorate’s activities, and that statistical data on the targeting of inspections and the orders issued to employers are now more detailed than before. The Committee takes note of this information, which addresses its previous request.

Articles 3(1)(b), 5(a), 9 and 14 of Convention No. 81 and Articles 6(1)(b), 11, 12 and 19 of Convention No. 129. Notification of occupational accidents and diseases. Cooperation between labour inspection services and other public or private services exercising similar functions. Following its previous comments, the Committee notes the indication of the Government that, while employers must notify insurance companies of occupational accidents that are neither fatal nor serious, but which have led to sick leave, it is not necessary to provide notice of such accidents to the labour inspectorate. The Government indicates that statistics on occupational accidents are nevertheless quite comprehensive, given that they are produced from insurance activities, and include all accidents for which insurance institutions paid compensation. According to the observations of the SAK, however, there is minimal reporting by physicians of occupational diseases and work-related illnesses to the labour inspectorate, and, consequently, there are few inspections related to cases of occupational disease. The SAK, the STTK and AKAVA, in their observations, further indicate that, according to a study by the Finnish Institute of Occupational Health, a diagnosed occupational disease seldom leads to changes in working conditions or work practices. In this respect, the Committee notes the indication of the Government regarding the measures taken to ensure cooperation with occupational health services, including training occupational healthcare physicians and nurses by representatives of the labour inspectorate. The Committee requests the Government to continue to provide information on the measures taken to ensure that the labour inspectorate is notified of cases of occupational disease, and information regarding the impact of such measures on the labour inspectorate’s efforts to conduct inspections related to occupational disease and to recommend changes in work practices in order to reduce incidents of occupational disease.

Articles 5 and 18 of Convention No. 81 and Articles 12, 13 and 24 of Convention No. 129. Cooperation between labour inspection services and public institutions engaged in similar activities. Collaboration with social partners. Effective enforcement. The Committee notes that, according to the 2020 Annual Labour Inspection Report, tripartite cooperation related to OSH enforcement is carried out with employers’ and workers’ organizations in regional OSH committees and the National Advisory Committee. Nevertheless, the Committee notes the observations of the SAK, that there needs to be greater cooperation between the labour inspectorate and trade unions, and that such cooperation had begun to decrease even before the COVID-19 pandemic. The Committee also notes the concerns of the SAK regarding police and prosecution proceedings that do not progress with sufficient dispatch, leading toa danger of exceeding limitation periods. The trade unions and employers’ organizations, in their observations, also express divergent views as regards the effectiveness of penalties for OSH violations, with the SAK, STTK and AKAVA considering that such penalties are too low, while the SY and EK consider that certain corporate fines are very large and that a guidance-based approach to inspections is more effective. The Committee requests the Government to indicate the measures taken or envisaged to improve the cooperation arrangements with authorities in charge of prosecutions, to ensure that adequate penalties for violations are effectively enforced. The Committee also requests the Government to indicate the measures taken to assess the adequacy of the penalties for OSH violations over time and to provide further information on measures taken to ensure collaboration between the labour inspectorate and the social partners.

Articles 10, 15(c) and 16 of Convention No. 81 and Articles 14, 20(c) and 21 of Convention No. 129. Coverage of workplaces by labour inspection. Confidentiality of complaints. Following its previous comments, the Committee notes the statistics provided by the Government, which show that the number of inspection visits has increased from 25,991 in 2016 to 26,239 in 2018, before falling to 14,596 in 2020 and increasing again to 20,268 in 2021. According to the 2020 Annual Labour Inspection Report, the number of in-person visits to workplaces has also fallen from 25,084 visits in 2017 to 9,176 in 2020. In this respect, the 2020 Annual Labour Inspection Report indicates that, due to the COVID-19 pandemic, a substantial share of OSH inspections in 2020 were carried out virtually by means of remote inspections, but that investigations of occupational accidents, or other inspections requiring more extensive workplace observation, were carried out on-site. The Committee notes the observations of the SAK stressing that, while diverse and appropriate monitoring measures leading to effective and comprehensive enforcement are welcome, sufficiently frequent on-site inspections are also important. The SAK, STTK and AKAVA also reiterate, in their observations, that less than 10 per cent of all workplaces in Finland are being inspected, and express concerns regarding whether enforcement is carried out in a harmonious and equal manner throughout the country. The Committee notes the Government’s indication that the number of labour inspectors has increased from 400 in 2018 to 414 in 2021, and that, according to the observations of the EK, the labour inspection system is of high quality, comprehensive and equipped with sufficient resources. The Committee nevertheless observes that, according to the data of Statistics Finland, there were 368,622 enterprises in Finland in 2020. With respect to the coverage of labour inspection visits, the Committee requests the Government to provide further information on the measures taken to ensure that the number and frequency of labour inspections is sufficient to ensure the effective discharge of inspection duties and compliance with the respective legal provisions in all workplaces. In particular, the Committee requests the Government to provide statistics on the number of inspections carried out, disaggregated between regular and unannounced inspection visits, remote inspections and in-person visits, as well as planned inspections and inspections undertaken as a result of a complaint.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Annual report on the activities of the labour inspection services. Following its previous comment, the Committee notes with interest that the 2020 Annual Labour Inspection Report contains statistics specific to the agricultural sector, regarding inspection visits, violations and penalties imposed, and occupational accidents and diseases. The Committee also observes that, while statistics of workplaces liable to inspection and the number of workers employed therein appear to be available on the website of Statistics Finland, they are not included in the annual labour inspection reports. The Committee requests the Government to continue to transmit copies of the annual labour inspection reports to the ILO, ensuring that they contain statistics of workplaces liable to inspection and the number of workers employed therein, in accordance with Articles 20 and 21(c) of Convention No. 81 and Articles 26 and 27(c) of Convention No. 129.

Issues specifically concerning labour inspection in agriculture

Article 6(1)(a)–(b) of Convention No. 129. Enforcement and preventive activities in the area of OSH in agriculture. Following its previous comment, the Committee notes the information provided by the Government regarding labour inspection visits and other activities undertaken in the agricultural sector in the period 2018–21 by the labour inspectorate. According to the Government, 457 of such inspection visits concerned the employment of migrant workers. The Committee notes with interest the Government’s indication that, in order to provide information in languages other than Finnish, the website of the labour inspectorate was translated into Swedish and English, while the guide entitled “As a Foreign Employee in Finland” was translated into fifteen languages. In this regard, the Committee also notes the observations of the SAK under Convention No. 184, taking the view that migrant seasonal workers are a particularly vulnerable group of workers and that resources for inspection in agriculture are inadequate for enforcement. Noting the indication of the Government that the labour inspectorate has moved from a sector-based approach to a phenomenon-based approach for inspection, the Committee requests the Government to continue to provide information on the labour inspection activities undertaken in this sector, including inspection visits conducted and measures taken as a result thereof. The Committee also requests the Government to provide further information on how it ensures that labour inspectors supply technical information and advice to employers and workers concerning the most effective means of complying with the legal provisions, especially as regards migrant seasonal workers.

Article 9 of Convention No. 129. Qualification and training of labour inspectors in agriculture. Following its previous comment, the Committee notes the information provided by the Government regarding a training course which opened for all inspectors since May 2018, on the safety of machinery in agriculture, and a two-day training event conducted in March 2016 for inspectors engaged in the primary sector, which covered different OSH topics. The Committee requests the Government to provide further information on training provided to labour inspectors in areas relevant to agriculture, including the number of labour inspectors who completed such training.

B.Labour administration

Articles 1 and 4 of Convention No. 150. Effective operation of a system of labour administration. The Committee notes the indication in the report of the Government that the Ministry of Economic Affairs and Employment is now headed by two ministers, and has four departments responsible for its main tasks, and three separate units. The Government also indicates that the main responsibility for the preparation of policy and legislation related to labour migration and policy coordination was transferred from the Ministry of the Interior to the Ministry of Economic Affairs and Employment as of 1 January 2020. The Committee notes that, according to the Annual Labour Inspection Reports, the Ministry of Social Affairs and Health retains responsibilities in the field of labour, including on labour inspection and OSH. In the absence of information on this issue, the Committee once again requests the Government to indicate how coordination is ensured between the Ministry of Economic Affairs and Employment and the Ministry of Social Affairs and Health, to guarantee the effective operation of the labour administration system.

Article 9. Delegation of labour administration activities to regional or local agencies. Following its previous comment, the Committee notes the information provided by the Government regarding reforms to strengthen the role of local governments in the organization of employment services. In this regard, the Government indicates that pilots will run from 1 March 2021 to 31 December 2024, in which certain tasks of Regional Employment and Economic Development Offices (TE Offices) will be transferred to local governments. In addition, the Government also refers to a reform for 2024 involving the permanent transfer of public employment and economic development services to municipalities. The Committee requests the Government to continue to provide information on the outcomes of these reforms. The Committee also requests the Government to indicate how the Ministry of Economic Affairs and Employment will have the means to ascertain whether local governments and municipalities operate in accordance with national laws and regulations and adhere to the objectives assigned to them.

Article 10(2). Resources of the labour administration system. The Committee notes that in its observations, the SAK expresses concerns regarding the level of resources in municipalities seeking to manage employment services in major urban areas on a trial basis. The SAK indicates that, according to reports, the working conditions of the staff were perceived as highly stressful, placing extreme demands on their ability to manage the workload. The Committee requests the Government to indicate the measures taken to ensure that the staff of the labour administration system have the material means and financial resources necessary for the effective performance of their duties.