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

Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Articles 3 and 6 of the Convention. Hazardous work and apprenticeships. The Committee notes the Government’s indication, in its report, that amendments to Government Decree on Work Especially Harmful and Hazardous to Young Workers (475/2006), laying down the conditions under which young workers may be engaged in hazardous work, was amended on 1 October 2021. Among the changes, the Government indicates that the work carried out by a young worker in vocational training under the guidance and supervision of a teacher, as well as the work for which the young worker has completed a vocational qualification or an application qualification unit, shall only be subject to section 5. Section 5 provides that young workers carrying out hazardous work shall: (1) be instructed and familiarized with the work and hazards related to it; (2) be able to follow occupational safety instructions; (3) during the work, special attention must be paid to the guidance and supervision of the young worker; and (4) for the duration of each operation, the young worker must be placed under the guidance and supervision of an experience and qualified person. In this regard, the Committee notes that, while section 5 specifies that adequate specific instructions and supervision need to be in place for young persons to engage in hazardous work in the context of vocational training, it does not explicitly specify a minimum age of 16 years for such work.

In addition, the Committee notes that: (1) section 2(2) of the Government Decree on Work Especially Harmful and Hazardous to Young Workers allows pupils from the seventh grade of compulsory education, regardless of age, to perform hazardous work under a teacher’s guidance and supervision if needed for teaching and if it can be done safely; and (2) section 3 allows young workers, without specifying a minimum age of 16 years, to engage in certain hazardous activities (listed in section 3(1) to (9)) in the course of an apprenticeship, under the continuous supervision of an experienced and skilled person.

In this regard, the Committee recalls that the requirements of Article 3 of the Convention, regarding protection from hazardous work, apply to all children and young persons, including those engaged in vocational training or apprenticeships (see the General Survey of 2012 on the fundamental Conventions, paragraph 385). The Committee therefore requests the Government to provide information on the measures taken or envisaged to ensure that: (i) trainees under the age of 18 years are not engaged in hazardous types of work; and (ii) if trainees do engage in certain types of hazardous work in the course of their apprenticeship or vocational training, that the performance of these hazardous tasks only be authorized under the conditions prescribed by Article 3(3) of the Convention, namely that the trainee be at least 16 years of age and that their health, safety and morals are fully protected and that they receive adequate, specific instruction or training in the relevant branch of activity.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information provided by the Government in its report.

1. Article 2, paragraph 1, of the Convention. In its previous comments, the Committee had drawn the Government’s attention to the fact that section 3 of the Occupational Safety and Health Act (299/1958) excludes from the scope of application certain categories of work like household duties carried out in the home of the employer or work carried out in connection with ships. The Committee had also requested the Government to indicate the measures envisaged or taken to regulate the minimum age for such categories of work and for any other work outside an employment relationship, such as self-employment. The Committee notes with interest that section 3 of the Occupational Safety and Health Act (299/1958) was repealed and that the Young Workers Act (998/1993) presently applies to all work done by persons under 18 years (young workers) in a public or private sector employment relationship. The Committee also notes that under section 23 of the Guardianship Services Act (442/1999), legally incompetent persons (in this case persons under the age of 18) cannot, as a rule, self-administer their property or enter into contracts or other legal transactions. The Committee takes due note of the Government’s statement that these provisions impose considerable limitations on the opportunities for young workers to work outside public or private sector employment relationships, for example as private entrepreneurs, and that in practice, these provisions, together with compulsory education also prevent young people from working as independent entrepreneurs in Finland.

2. Article 3. In its previous comments, the Committee had requested the Government to indicate whether it avails itself of the provision of Article 3(3) of the Convention and to supply further details on the factors for which the Government declares a minimum age for hazardous occupations less than 18 years, or otherwise, to indicate the measures envisaged or taken to raise the minimum age for performing such occupations to 18 years old, according to Article 3(1) of the Convention. The Committee notes the Government’s statement that it has put into effect the stipulations contained in Article 3(1) and (3) of the Convention. Under section 3 of the Ordinance (No. 508 of 1986) respecting the protection of young workers, youngsters under 16 years may not be employed in dangerous jobs. A young person aged 16 years or over can, however, do work referred to in section 3 in a number of specific cases. Under section 4 of the Ordinance (No. 508 of 1986), an employer assigning young persons to such tasks must take protective or other measures to ensure that the young workers concerned are not exposed to any health hazards. The Committee notes with interest that the Ministry of Social Affairs and Health issued the Decree No. (128/2002) containing an extensive list of examples of work to be classified as dangerous for young employees after consultation with employers’ and workers’ organizations.

3. Part V of the report form. The Committee notes the Government’s information regarding statistics on the employment of children and young persons. It asks the Government to continue to supply information on the manner in which the Convention is applied, including, for example, extracts from the reports of inspection services and information on the number and nature of contraventions reported.

4. The Committee notes the Government’s information that a bill has been represented to the Parliament on a new occupational safety and health act and that this act would cover all work done by private and public sector employees, except for ordinary non-vocational activities. It further notes that the scope of the application of the Young Workers Act will be extended and that the Decree on the protection of young workers will be revised. The Committee requests the Government to supply copies of the new legislation once it has been adopted.

5. The Committee notes the comments of the Central Organization of Finnish Trade Unions (SAK) that occupational safety and health provisions covering young persons are still not enforced with sufficient vigour and are not sufficiently comprehensive. The SAK considers that enforcement should be given higher priority because the number of young people working during their studies is increasing. The Committee requests the Government to provide its observations on SAK’s comments.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information supplied by the Government, and requests the Government to supply further information on the following points.

Article 2, paragraph 1, of the Convention. The Committee notes that the Act on Young Workers (998/1993) applies to work performed by a person under the age of 18 years under an employment or service relationship. The Government in its last report declares that the scope of application of the Act on Young Workers corresponds to the scope of application of the Decree on the Protection of Young Workers (508/1986), which in its section 1 states that: "This directive applies to work performed by persons who have not completed their 18th year and to whose work the Act respecting the protection of labour (299/58) applies." Section 3 of Act No. 299/58 excludes from the scope of application:

(1)  work carried out by a person who is living permanently in the same household as his employer and who is related to him (…) unless the employer also normally employs other persons on the same work;

(2)  work carried out by an employee at home or in such circumstances that the employer cannot be expected to supervise the organization of the work;

(3)  household duties carried out in the home of the employer;

(4)  work carried out in connection with ships.

The Committee requests the Government to indicate which measures have been envisaged or taken to regulate the minimum age for such categories of work and for any other work outside an employment relationship, such as self-employment.

Article 3. The Committee notes the list of prohibited occupations in section 2 of Decree No. 508/1986 and the minimum age limit of 18 years to perform such occupations. The Committee also notes the provisions for dangerous work in section 3 of the same Decree which fixes the minimum age for admission to such work at 16 years and the list of dangerous jobs determined, after tripartite consultation, by Decision No. 1432 of the Ministry of Labour of 22 December 1993. The Committee requests the Government whether it avails itself of the provision of Article 3(3) of the Convention, and, in this case, to supply further details on the factors for which the Government declares a minimum age for hazardous occupations less than 18 years, or otherwise, to indicate the measures envisaged or taken to raise the minimum age for performing such occupations to 18 years old, according to Article 3(1) of the Convention.

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

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.

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

With reference to its previous comments, the Committee notes the information supplied by the Government in its report. It also notes with interest that a tripartite committee was set up to examine the provisions concerning labour protection of young employees to the extent to which they refer to the employment of the young who are of compulsory school age, the exceptions in individual cases, the content of light work suitable for the young and the list of dangerous jobs. Noting that the deadline for the tripartite committee is December 1991, the Committee hopes that the Government will be able to provide information on any progress made in this respect.

The Committee notes the observations made by the Central Organisation of Finnish Trade Unions (SAK) stating that provisions concerning guidance given to young workers are not being in practice sufficiently observed as this can be noted in the number of accidents affecting them. The Committee would appreciate receiving the Government comments on this point.

It also requests the Government to supply detailed information on the practical application of the Convention, including in particular the statistics on the inspection made, the violation noted and the sanctions imposed, as called for under point V of the report form.

Observation (CEACR) - adopted 1989, published 76th ILC session (1989)

Further to its previous direct requests, the Committee notes with satisfaction that Decree No. 508 of 27 June 1986 concerning the protection of young workers, which regulates admission to dangerous work, henceforth applies to agriculture, forestry and the transport of logs by water and that it makes the employment of young persons of less than 16 years of age in dangerous work subject to the conditions set out in Article 3, paragraph 3, of the Convention.