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

Minimum Age Convention, 1973 (No. 138) - Finland (Ratification: 1976)

The Committee notes the information supplied by the Government, in particular, the adoption of the Act on the Protection of Young Workers (No. 998 of 19 November 1993) which has since been amended several times, including by Act No. 408 of 14 June 1996. It requests the Government to supply further information on the following points.

Article 2, paragraph 1, of the Convention. The Committee notes the Government's indication in its report that the Act on the Protection of Young Workers applies to agriculture, fishing and domestic work, thus, the minimum age for employment in these sectors is the same as in the other sectors. However, it also notes the Government's indications concerning this Act in its first report submitted in 1994 to the United Nations Committee on the Rights of the Child (CRC/C/8/Add. 22, paragraph 567): that only provisions on safety and health are applied to work with or for family members living in the same household with him or her, and to agriculture and forestry; that domestic work is regulated by the special provisions; and that work done at home or under circumstances which the employer is unable to control is excluded from the scope of the Act. The Committee asks the Government to clarify the scope of the provisions concerning the minimum age for employment of this Act, and to indicate the measures taken to ensure the application of the Convention in the sectors and categories of work, if any, to which the Act does not apply.

With regard to the minimum age for work outside an employment relationship, the Committee recalls the Government's earlier statements made under the former Act on the Protection of Young Workers (669/67) that, even if the Act applies only to work carried out by a person under an employment or service relationship, the requirements of the Convention are fully ensured in practice since the qualification for carrying out self-employment work is high, a person under age is not allowed to do so, and in practice, a person who is subject to compulsory education is not allowed to do any work. Noting that the new Act does not have any provisions concerning work outside an employment contract, it again hopes that the Government will bear this point in mind and will consider on a suitable occasion a further revision of legislation.

Article 3, paragraphs 1 and 2. The Committee notes that section 1(1) of the Decree on the Protection of Young Workers (508/86) defines its scope of application as "work to which the Act on Labour Protection (299/58) applies". This Act does not exclude any sectors except for work at sea. However, the Act on the Protection of Young Workers on which the Decree is based appears to have some exceptions as indicated under Article 2, paragraph 1 above. Therefore, the scope of the Decree is not clear. The Committee requests the Government to supply information on the definitions of dangerous work prohibited to those younger than 18 years old regarding any sector or categories excluded from the scope of the Decree.

The Committee also requests the Government to supply further information on the exemption made under section 6 of the said Decree.

The Committee notes that working conditions for young workers who have reached the age of 15 and are not subject to compulsory education are set as follows: working hours are the same as the regular working hours of adults, namely, eight hours a day or 40 hours a week, overtime work is allowed but night work is prohibited between 10 p.m. and 6 a.m. Recalling Paragraph 12 of Recommendation No. 146, the Committee considers that these conditions may not be sufficient to protect them with a view to fullest physical and mental development. It notes the Government's statement made at the United Nations Committee on the Rights of the Child that legislation to regulate working conditions of young workers was under review (CRC/C/SR. 283, paragraph 3). The Committee requests the Government to supply information on any development in the regulation of the hours of work of young persons under 18 years of age with particular reference to any tripartite consultation on the subject.

Point V of the report form. The Committee notes the data from the Labour Force Survey supplied by the Government, showing that 5,200 persons aged 15, 8,000 aged 16 and 9,900 aged 17 were employed in 1995. It also notes the Government's statement made during the discussion of its report at the United Nations Committee on the Rights of the Child, that a small number of people between the ages of 15 and 17 are part of the labour force (CRC/C/SR. 283, paragraph 3).

The Committee notes the observations made by the Central Organisation of Finnish Trade Unions (SAK) stating that supervision of occupational safety regulations pertaining to young workers has not been either adequate or extensive enough. The Committee notes in this regard the Government's response to its comment made in 1992, including the figure of 6,405 industrial accidents occurring to the age group of 15-24. It asks the Government to supply further information regarding the occupational safety of young workers, for instance, any data on the number of accidents by hours worked classified by age group. The Committee also asks the Government to refer to the application in practice of the new legislation noted above.

The Committee requests the Government to continue to supply information on the application in practice of the Convention, including for instance statistical data, extracts from official reports and information on the number and nature of contraventions reported. It asks the Government to include information also on the compulsory education system such as the enrollment rate of compulsory education and further analysis on the types of work and working condition of young workers.