Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on equality, the Committee considers it appropriate to examine the Conventions Nos 100 (equal remuneration), 111 (discrimination in employment and occupation) and 156 (workers with family responsibilities) together.

The Committee notes the observations of the Central Organisation of Finnish Trade Unions (SAK), the Confederation of Unions for Professional and Managerial Staff in Finland (Akava) and the Finnish Confederation of Professionals (STTK), and of the Federation of Finnish enterprises (SY) and the Confederation of Finnish Industries (EK), communicated with the Government’s report.

Part I. Conventions Nos 100 and 111

Convention No. 111 – National policy to promote equality of opportunity and treatment in respect of employment and occupation

Articles 1(1)(a), 2 and 3(b). Legislation. Prohibited grounds of discrimination. The Committee notes with interest the Government’s adoption of the Act on Legal Recognition of Gender (on the basis of Government Proposal 189/2022) on 3 April 2023, which separated legal recognition from medical examinations and abolished the previous infertility requirement, as well as the development of an Action Plan for Gender Equality 2024–27, which foresees a system-wide development programme to support and monitor equality and non-discrimination plans across the education system. The Committee asks the Government to continue providing information on the practical application of the Act on Legal Recognition of Gender (Government Proposal 189/2022), as well as on results achieved under the Government Action Plan for Gender Equality 2024–27.

Article 2. Measures to promote gender equality. Education and occupational segregation. The Committee notes the Government’s indication that, in line with the European Union Women on Boards Directive (2022/2381)’s goal of least 40 per cent of the under-represented sex on boards by 30 June 2026, women accounted in 2024 for 42 per cent of board members and 39 per cent of senior management in state-owned companies. The Committee also notes with interest the Government’s indication that gender equality planning obligations now apply to all educational institutions and Early Childhood Education and Care centres (ECEC), with unit-specific obligations for the latter since June 2023, and that equality plans must be updated regularly. It notes the joint project “Dismantling segregation – tools for a more equal working life” (2021–23), which developed practical tools and regional cooperation networks to reduce gender-based segregation. The Committee further notes the United Nations Committee on the Elimination of Discrimination against Women (CEDAW)’s concerns regarding persistent gender segregation in education and the labour market, including women’s concentration in traditionally “female” sectors, under-representation in non-traditional fields and senior academic posts, and the persistent gender pay gap of about 16 per cent, which adversely affects women’s pension entitlements. (CEDAW/C/FIN/CO/8, 31 October 2022, paras 29 and 31). The Committee asks the Government to continue to provide information on the measures undertaken and envisaged to combat education and occupational segregation and the results achieved, including through the implementation of the Action Plan for Gender Equality 2024–2027.

Access to education and vocational training and access to employment and occupation of the Roma. National Policy on Roma. The Committee welcomes the 2023 adoption of the National Roma Policy (ROMPO 3, 2023–30) and its 2023–26 implementation plan, whose key objective is to promote Roma inclusion, participation and equality, and to combat discrimination by addressing anti-gypsyism. The Committee also notes that the European Commission against Racism and Intolerance (ECRI), in its sixth monitoring cycle report on Finland adopted on 1 July 2025, highlights that unemployment among Roma remains critically high, at an estimated 30 per cent, and despite rising educational levels, Roma continue to face persistent barriers to entering the labour market, including discrimination in labour market access. The Committee asks the Government to provide information on: (i) the implementation of the National Roma Policy 2023–30; and (ii) concrete measures taken to address Roma educational and occupational segregation and discrimination in employment and occupation, and their impact.

Access to traditional occupations of the Sámi people. The Committee notes the 10 October 2024 decision of the United Nations Committee on Economic, Social and Cultural Rights (CESCR) on three communications from members of the Kova-Labba Siida Sámi herding community concerning mining on their traditional territory without impact assessments or effective participation. It notes that the CESCR found this failure violated their territorial and resource rights, amounted to intersectional discrimination and undermined their traditional occupations and means of subsistence. The Committee requests the Government to indicate measures to combat discrimination against Sámi in education, employment and occupation, and results achieved.

Measures to combat racial and ethnic discrimination. Access to employment and occupation of the immigrant population. The Committee notes the Government’s statistics indicating sustained supervisory activity on discrimination at work in 2021–23, with hundreds of contacts and enforcement requests and around 1,800 inspections in 2023–24 concerning discrimination in the use of foreign labour and the monitoring of job advertisements. It notes that discrimination based on origin, language or nationality is most frequently detected in recruitment and in posting undertakings, and that irregularities are common in employers’ equality-promotion obligations. The Committee further notes trade union concerns about continuing exploitation of foreign workers in low-paid, labour-intensive sectors and about enforcement challenges, including investigating underpayment, limited resources and tools, and the use of disguised entrepreneurship as a vector of exploitation. Furthermore, the Committee notes that, according to the European Union Agency for Fundamental Rights’ report Being Black in the EU (October 2023), respondents of African descent in Finland reported the highest rate of racist harassment among the 13 EU Member States surveyed. It also notes a 2025 study by the Ministry of Economic Affairs and Employment on the impact of foreign background on job-seeking, which identified clear ethnic discrimination against applicants with Iraqi, Somali and Russian backgrounds. The Committee asks the Government to indicate measures taken or envisaged to: (i) combat racial and ethnic discrimination and the exploitation of migrant workers; (ii) improve access to education and employment for persons with a foreign background; and (iii) raise awareness and strengthen training on non-discrimination and labour exploitation.

Convention No. 100 – Principle of equal remuneration for men and women for work of equal value

Articles 1 and 2. Equality plans and equal pay surveys. The Committee notes with interest the Government’s indication that the findings of the 2020 Study on Workplace Gender Equality Plans and Pay Surveys informed the Equal Pay Programme for 2024–37 and its Action Plan, which seek to improve the prevalence, coverage and quality of equality plans and pay surveys, including through step-by-step guidance and training. It further notes that, a Working Group preparing the transposition of the European Union Pay Transparency Directive (2023/970) has proposed amendments to the Equality Act introducing: (1) a statutory obligation on employers with at least 100 employees to report gender pay gaps and carry out joint pay assessments with personnel representatives; and (2) a general requirement that all employers have a pay system ensuring equal pay for equal work and work of equal value, with these amendments expected to be submitted to Parliament in autumn 2025. At the same time, the Committee notes trade union concerns about persistent non-compliance with the Equality Act, particularly in the private sector, where pay surveys remain infrequent and of poor quality, personnel are not properly informed, staff representatives are not involved as required, and measures under the Equal Pay Programme are neither adequately monitored nor yet having significant impact; they recall the 2021–22 Work of Equal Value project’s recommendation that workplaces strengthen equality plans and related pay surveys. The Committee requests the Government to provide an update on the adoption and entry into force of the proposed amendments and to indicate measures taken or envisaged to address the concerns raised by the trade unions.

Article 2(2)(c). Collective agreements. The Committee notes the Government’s indication that no specific measures have been adopted to promote the inclusion in collective agreements of provisions on equal remuneration for men and women for work of equal value, or to remove discriminatory clauses. It notes reliance on the general prohibition of gender-based pay discrimination in the Equality Act, on encouraging social partners to address the issue in bargaining, and on the Equal Pay Programme 2024–27, which invites private sector unions to participate in equal-pay measures. The Committee further notes that gender-impact assessments suggest direct discrimination in collective agreements is rare, but that indirect discrimination and non-equal remuneration for work of equal value are likely embedded in pay systems, as reflected in the social partners’ 2021 recommendation. It also notes trade union calls for stronger efforts to engage the parties to collective agreements in the Equal Pay Programme. The Committee asks the Government to report on collective agreements, if any, which include provisions on equal remuneration for men and women for work of equal value or where discriminatory clauses have been removed.

Article 3. Objective job evaluation. The Committee notes the Government’s information that, there is no national job evaluation system. It indicates that various models are used in collective agreements and that analytical systems are considered most suitable for identifying work of equal value, while title- or duty-based systems are least suitable. It further notes that, in the context of implementing the EU Pay Transparency Directive, the Working Group has proposed measures to provide employers with analytical, gender-neutral job-evaluation tools and that a related study is planned. The Committee asks the Government to: (i) report on progress in implementing the Directive; and (ii) indicate the status, results and impact of the planned study on gender-neutral job evaluations.

Part II. Convention No. 156

Articles 1(3) and 4. Other members of the family. Leave entitlement. The Committee notes the 2022 family leave reform and, in particular, the introduction in section 7(b) of the Employment Contracts Act (32/2022) of non-remunerated “family carers’ leave”, entitling workers to up to five days per year to care for a loved one other than a dependent child, in line with the EU Work–Life Balance Directive (2019/1158). The Committee notes the absence of information on any court or tribunal decisions interpreting section 7(a), including the justifications accepted for refusing requests for temporary absence for compelling family reasons and the circumstances constituting a “justifiable reason” to require an earlier return to work. It also notes the lack of information on measures to collect sex-disaggregated statistics on requests for and granting of leave to care for persons other than dependent children. The Committee asks the Government to: (i) provide information on relevant case law and clarify how “justifiable reason” is understood in law and practice; and (ii) indicate if any measures have been taken or envisaged to collect and analyse sex-disaggregated data on the use of leave under sections 7(a) and 7(b).

Article 4(b). Equality of opportunity and treatment in conditions of employment and social security. The Committee notes the Government’s information that the Working Group on Family Leaves and Gender Equality in Working Life proposed, inter alia, a comprehensive study on developing allowance systems and more equally distributing employers’ family-leave costs, alongside a review of the Equality Act. It also notes that, following the Action Plan for Gender Equality 2016–19, a family-leave compensation of €2,500 per case was introduced for employers of women, covering some 17,500–21,600 employees annually between 2018 and 2024, with outlays of €44–54 million (paid to 4,040 employers in 2024). The Committee further notes the Government’s statement that compensation has been concentrated on highly educated women aged 30–39 in administrative, clerical, managerial and professional occupations, with lower coverage in other service and sales occupations, and that in monetary terms payments have focused on larger municipal and private employers in health and social services and wholesale and retail trade, while expenditure remains clearly below the originally estimated €75 million. The Committee asks the Government to continue to provide information on measures to compensate employers for costs incurred, including under the Action Plan for Gender Equality 2024–27, and on steps taken to ensure that these costs do not perpetuate occupational segregation, as well as on the results achieved.

Flexible work arrangements. The Committee notes the Government’s information on flexible care allowance (for children under 3), partial care allowance (for children in the first and second years of school), part-time parental leave and the new unpaid family carers’ leave of up to five days per year. It notes evaluation findings of modest overall employment effects, stronger increases in part-time work among low-educated, low-income and single mothers, as well as an increase in fathers’ share of compensated parental-allowance days to 20.9 per cent in 2024, while overall use of part-time parental leave remains very low (3 per cent of parents) and national monitoring indicates that new flexibility options are still underused. The Committee also notes Trade Unions’ concerns that statutory limits on splitting leave may restrict take-up, including by fathers. It further notes the concern of the CEDAW that transition to telework risks further reinforcing occupational segregation. (CEDAW/C/FIN/CO/8, para. 31). The Committee asks the Government to continue to provide information on how these flexible work arrangements, including any telework or remote work options, contribute to the reconciliation of work and family responsibilities for women and men, together with available sex-disaggregated statistics on applications, approvals and refusals and any measures taken to promote their use among under-represented groups.

Conventions Nos   100, 111, 156 – Application in practice

Enforcement. The Committee notes with interest the Government’s description of the enforcement framework (Ombudsman for Equality, Non-Discrimination Ombudsman, National Non-Discrimination and Equality Tribunal and OSH authorities) and recent reforms, including the statutory pay-survey obligation, transposition of the EU Pay Transparency Directive, the 1 June 2023 amendments to the Non-Discrimination Act expanding the Non-Discrimination Ombudsman’s competence in working life, the clarification of OSH enforcement powers and 2023 OSH Act amendments, as well as the 2024 ratification of Convention No. 190 and the 2025 amendment to the Act on the Mediation of Labour Disputes. The Committee notes the absence of statistics on complaints, investigations and decisions concerning equal remuneration, and of detailed measures to strengthen labour-inspection monitoring of sex-based pay discrimination. The Committee further notes trade union observations that effective measures and systematic monitoring remain lacking, that sanctions for pay discrimination and non-compliance with the Equality Act and future pay-transparency framework are not sufficiently dissuasive, and that lengthy, complex procedures and limited resources for the Ombudsman for Equality hinder effective protection. Recalling the need for effective sanctions, remedies and institutional capacity, the Committee asks the Government to provide information on: (i) the adoption and content of the proposed Equality Act amendments on enforcement, sanctions and pay-transparency breaches; (ii) how recent reforms (including the Non-Discrimination Act, and OSH amendments have reinforced labour-inspection monitoring; and (iii) available data (by ground of discrimination, sex and sector), on complaints, investigations, decisions, sanctions and remedies concerning equal remuneration for work of equal value and discrimination in employment.

Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on equality, the Committee considers it appropriate to examine Conventions Nos 100 (equal remuneration) and 156 (workers with family responsibilities), together.

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) (hereinafter referred to as “the trade unions”), and the Confederation of Finnish Industries (EK) and the Federation of Finnish Enterprises (SY), attached to the Government’s report.

Convention No. 100 – Principle of equal remuneration for men and women for work of equal value  

Articles 1 to 3. Gender pay gap. Scope of comparison. The Committee notes the Government’s and social partner’s acknowledgement that the gender pay gap remains significant and has narrowed only slowly, with women’s average monthly earnings at 83.7 per cent of men’s in 2023(around 16 per cent), higher than the European Union and Nordic averages, and persisting in both the private and public sectors. It notes that while job-evaluation systems are widely used in the public sector and in some collective agreements, the Government indicates that most pay systems and tools still have limited capacity to assess work of equal value. The Committee also notes the report that the “Dismantling Segregation Project”, under the Government’s Equal Pay Programme (2020–23), developed good workplace practices and a regional cooperation network to reduce gender segregation. 

The Committee notes the concerns of trade unions that the recent “statutory export-driven model” and the 2025 amendments to the Act on Mediation in Labour Disputes (1962), which prevent settlement proposals from exceeding the general level of pay adjustments, may constrain wage increases needed to close gaps in female-dominated, often public sector, occupations. They also consider that wage transparency remains insufficient and assess the Equal Pay Programme’s impact as modest, weakened by changes in collective bargaining structures, limited participation by key employers’ associations, weak sanctions, scarce resources for the Ombudsman for Equality and a narrow, unclear understanding of “work of equal value”. The Committee also notes that the Confederation of Finnish Industries (EK) views the gender pay gap as distinct from equal pay and questions the value of pay transparency, emphasizing instead measures to make sectors more attractive, strengthen women’s labour market position and promote more equal sharing of family leave and childcare. The Federation of Finnish Enterprises (SY) also considers existing legislation sufficient, stresses that wages are determined in collective agreements reflecting sectoral conditions and benefits, underlines the difficulty of defining “work of equal value” and opposes legislative interference in the social partners’ freedom to set the value of work. 

Furthermore, the Committee notes that a tripartite working group is preparing amendments to the Equality Act (1986) to transpose the European Union’s Pay Transparency Directive (2023/970), with a proposal to be submitted to Parliament in autumn 2025 and entry into force envisaged for May 2026. The proposed amendments would strengthen pay transparency by introducing legal definitions and criteria for “equal work” and “work of equal value”, enhancing workers’ rights to pay information, improving transparency of pay ranges in recruitment, imposing reporting and joint pay assessment obligations on larger employers and requiring all employers to have pay systems that ensure equal pay for equal work and work of equal value. It also notes the continuation of the tripartite Equal Pay Programme for 2024–27 and related research and tools to improve equality plans and pay surveys. The Committee also welcomes the continuation of the tripartite Equal Pay Programme for 2024–27, the completion of research and development projects on labour market segregation, and workplace equality plans and pay surveys. The Committee asks the Government, in consultation with the most representative workers’ and employers’ organizations and the Ombudsman for Equality, to ensure that the forthcoming legal definition and criteria on work of equal value permit a wide scope of comparison between jobs performed by women and men and are effectively applied, including across the public sector occupational groups. It also encourages the Government to conduct a gender-impact assessment of the “statutory export-driven model” and the 2025 amendments to the Act on Mediation in Labour Disputes and provide information on any mitigating measures taken; and (ii) provide updated available statistical data on the gender pay gap. 

Convention No. 156 – Workers with family responsibilities  

Article 3. Discrimination against men and women workers based on family responsibilities. Recalling that section 8(1) of the Non-Discrimination Act (1325/2014) includes “family status” among prohibited grounds, the Committee notes information from the Government and trade unions that discrimination linked to pregnancy and family leave remains common, underreported, affects in particular fixed-term and part-time workers, and increasingly concerns fathers following the 2022 reform. It welcomes the Working Group on Family Leaves and Gender Equality (Dec 2023–Feb 2025), mandated to support implementation of the Government Programme on Family Leaves and prevent such discrimination, and notes its commissioned legal study, comparative study on parenthood costs, stakeholder consultation and expert inputs. On this basis, the Committee notes proposals to refine the Equality Act, extend limitation periods, strengthen protection for temporary agency workers, ensure collective agreements contain no discriminatory terms, increase resources for the Ombudsman for Equality and joint information efforts, and review allowance systems to distribute family-leave costs more evenly. The Committee asks the Government to provide available examples of court or tribunal decisions applying section 8(1) of the Non-Discrimination Act (1325/2014) in employment and occupation, indicating outcomes, remedies and sanctions, and to report on the status and implementation of the Working Group’s proposals, including guidance to employers and workers and impact monitoring.

Articles 3 and 4(b). National policy and leave entitlements. The Committee notes that the reformed parental-allowance system under the Health Insurance Act entered into force in August 2022, introducing a pregnancy allowance and two equal parental quotas of 160 days with flexible use between parents, and requires employers to give written reasons when refusing part-time parental leave. It further notes the creation of up to five days of unpaid family carers’ leave per year, the increase of the annual holiday accrual cap during parental leave from 156 to 160 days and reimbursement to employers for holiday costs accrued during pregnancy and parental leave. The Committee notes that fathers’ share of parental-allowance days rose from 11.1 per cent in 2021 to about 20.9 per cent in 2024, but that only 4 per cent of parents split days equally and 3 per cent used parental leave part-time. It also notes trade union concerns that the Employment Contracts Act limit of four leave periods per year of at least 12 working days reduces flexibility, that discrimination linked to pregnancy and family leave persists, and that the child home-care allowance continues to prolong women’s absence from paid work. The Committee further notes that, in its 2022 concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) highlighted persistent discrimination against women based on pregnancy and maternity and the low share of men taking parental leave, and recommended that the Government implement measures to promote equal sharing of domestic responsibilities and encourage men to use their full parental leave entitlements. (CEDAW/C/FIN/CO/8, paras 31 and 32). In this regard, the Committee asks the Government to take steps to assess the practical effects of the Employment Contracts Act limits on splitting leave period for employees and results achieved. 

Articles 7 and 8. Return to work and protection from dismissal. The Committee notes with concern, on the basis of the 2024 Pregnancy discrimination in Finland: Results of the population survey 2024 and trade union observations submitted in 2025, that 44 per cent of pregnant persons between 2012 and 2023 experienced some negative workplace consequence due to pregnancy, 26 per cent at least one form of pregnancy discrimination, 26 per cent fear or concern about its impact on their position and 16 per cent other negative treatment related to pregnancy or parental leave. It further notes that the risk of discrimination is highest in fixed-term employment (44 per cent), followed by zero-hour contracts (40 per cent), compared with 18 per cent in permanent employment, and that the most common forms are the non-renewal or non-confirmation of fixed-term contracts (7 per cent) and slowed or halted career progression (6 per cent). It also notes the concerns of the United Nations Economic Commission for Europe and the information submitted by the trade unions in 2025 that pregnancy discrimination occurs across sectors and occupations, is particularly common among highly educated and fixed-term employees, is significantly higher among sexual and gender minorities and, in the context of the 2022 family leave reform, increasingly affects fathers as more fathers take parental leave. The Committee once again requests the Government to implement awareness-raising measures for employers, workers and the public on the challenges faced by workers with family responsibilities and urges it to adopt measures expressly prohibiting the non-renewal or limitation of fixed-term contracts solely on the basis of family responsibilities, and to report on results achieved.

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

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 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) (thereafter referred to as “the trade unions”), and of the Federation of Finnish enterprises (SY), the Confederation of Finnish Industries (EK) and the Local Government and County Employers (KT), attached to the Government’s report.

Articles 1 and 2 of the Convention. Equality plans and equal pay surveys. According to the Equality Act, if the number of staff in the service of the employer is regularly 30 or more, the employer is to draw up an equality plan at least once every two years. The equality plan pays attention particularly to wages and other terms of employment, determines the equality promoting measures at the workplace and includes a pay survey (in 2021, there were 7,000–8,000 employers and 3,000 educational institutions under the obligation to draw up a gender equality plan). The Committee notes the Government’s indication in its report to the United Nations (UN) Committee on the Elimination of Discrimination against Women (CEDAW) that inspections carried out by the Ombudsman for Equality reveal that there is still a need for improvement in the quality of pay surveys and in gender equality planning in its entirety (CEDAW/C/FIN/8, 1 April 2021, para. 229). It further notes from the Government’s report that, according to a survey undertaken by Statistics Finland in 2020 focusing on the prevalence and quality of employers’ gender equality plans and pay surveys, the majority of organizations draw up such plans and surveys but that there is considerable variation in their scope and quality: improvements are needed in relation to cooperation with staff, pay comparisons (too limited in scope), processing of pay data and concrete measures included in plans. The Committee asks the Government to provide information on the measures taken or envisaged:

• (i)to support employers in improving the quality of their gender equality plans and pay surveys (including their scope of comparison); and
• (ii)to monitor and provide results on their impact on the gender pay gap in the workplace.

Article 2(2)(c). Collective agreements. The Committee wishes to recall the important role that collective agreements can play in the fight for pay equity. Therefore, the Committee requests the Government to indicate any steps taken, in cooperation with the social partners, to:

• (i)promote the inclusion of provisions implementing the principle of equal remuneration for men and women for work of equal value in local or industry-level collective agreements;
• (ii)remove any provisions which, directly or indirectly, results in discrimination; and
• (iii)evaluate the results achieved.

Article 3. Objective job evaluation. In view of the strong gender-segregation of the labour market in Finland (see the Committee’s comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111)) and the very slow pace of the decrease in the gender pay gap, the Committee wishes to recall that whatever methods are used for the objective evaluation of jobs, particular care must be taken to ensure that they are free from gender bias. It is important to ensure that the selection of factors for comparison, the weighting of such factors and the actual comparison carried out are not discriminatory, either directly or indirectly (see 2012 General Survey on the fundamental Conventions, paragraph 701). The Committee asks the Government to provide information on the measures taken to ensure that job evaluations carried out to determine rates of pay, in the public and private sectors, are objective and free of any gender bias.

Enforcement. The Committee 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 (CEDAW/C/FIN/8, para. 12). It also notes the conclusions of a study published in November 2020 as part of the “Aidosti yhdenvertaiset” project assessing the effects of the 2015 reform of the Non-Discrimination Act, which underlined the lack of resources of officials and its effect on the under-reporting and partial non-identification of discrimination. It further 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, 30 March 2021, para. 26). The Committee requests the Government to provide information on:

• (i)the number, nature and outcome of cases concerning equal remuneration for men and women for work of equal value dealt with by the competent administrative authorities and the courts; and
• (ii)the measures taken or envisaged to reinforce labour inspections monitoring systems, especially with a view to detect violations of the principle of the Convention.

Observation (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) (hereinafter referred to as “the trade unions”), and of the Federation of Finnish Enterprises (SY), the Confederation of Finnish Industries (EK) and the Local Government and County Employers (KT), attached to the Government’s report.

Articles 1–3 of the Convention. Gender pay gap. Scope of comparison. The Committee notes the Government’s acknowledgement, in its report, that the gender pay gap has decreased very slowly, from 17.2 per cent in 2010, to 16.8 per cent in 2015 to 15.8 per cent in 2020. The Government explains that equal pay is promoted through legislation, the tripartite Equal Pay Programme (2020–23) and government research and development projects. It recognizes that previous Equal Pay Programmes (2007–10, 2010–15 and 2016–19) have not been very successful in reaching their main goal. The current Programme (2020–23) promotes gender impact assessments of collective agreements and pay systems that support equal pay and pay awareness, supports the reconciliation of work and family life and dismantles the gendered segregation of the labour market. The Committee notes that, on 1 September 2022, the Ministry of Social Affairs and Health launched an overall assessment of the equal pay measures introduced, including the tripartite Equal Pay Programme 2020–23. It also notes the Government’s statement that one solution it is currently exploring is pay transparency. A tripartite working group, appointed under the auspices of the Ministry of Social Affairs and Health, prepared amendments to the Act on Equality between Women and Men in order to increase pay transparency in all sectors, the objective being to prevent gender-based pay discrimination and to promote equal pay. The Government indicates that, unfortunately, this process was interrupted due to diverging views on the proposal among government parties. It refers to ongoing initiatives on pay transparency at the European Union level. It also points out that the most challenging obstacle in combating the gender pay gap is the gender segregation of the labour market: in 2019, the proportion of workers in “even occupations” (meaning occupations with 40 to 59 per cent male or female wage earners) was only 10.1 per cent (it was 13.1 per cent in 2010). It cites two projects on the subject: (i) “Dismantling segregation – Tools for a more equal working life (2021–2023)”, in the context of which a policy brief and toolbox for decision-makers on the more permanent methods of dismantling occupational segregation will be prepared; and (ii) “Working careers and occupational segregation behind the gender pay gap (2022–2024)”, a research project which aims to map differences in careers and career paths and their effect on pay differences, with a view to laying the foundation for developing careers and occupational structures on a more equal basis. The Committee notes the Government’s indication that there is considerable variation in the scope and quality of equality plans and pay surveys carried out in the public and private sectors. In most cases, comparisons are made between employees doing the same work. Comparisons between employees covered by different collective agreements are rare. The Committee also notes the Government’s indication that an extensive research and development project, entitled “Work of Equal Value 2021–2022” is being carried out, which examines “how the assessment of demands of the work should be standardized between the different sectors and occupations”, so as to better recognize the demands of female-dominated sectors and occupations, with a view to developing payroll systems that could better support equal pay for work of equal value.

The Committee notes that, in their observations, the social partners all agree that gender segregation of the Finnish labour market is a serious issue and mention the unequal uptake of family leave as a reason for the gender pay gap. The trade unions deeply regret the suspension of the process towards amending the Act on Equality between Women and Men and consider that increasing wage transparency and improving access to pay information in cases of suspected discrimination would help to ensure pay equity. SY considers that the main reasons for the gender wage gap are the fact that women and men work in different industries and that the annual working hours of men are higher than those of women; and it is of the view that the gap can only be reduced by influencing educational choices and attitudes. EK considers that pay discrimination is not a significant problem in Finland and that the principle of “equal pay (equal pay for equal work)” is well implemented. According to EK, the issue of the pay gap is different from the principle of equal pay or pay discrimination and increasing pay transparency or pay openness would have no effect on promoting equal pay; it is rather necessary “to increase the attractiveness of different sectors and improve the position of women in the labour market, [and to ensure] a more even distribution of family leave and adequate day care services for children”.

The Committee notes that, in its concluding observations, the United Nations Committee on Economic, Social and Cultural Rights noted that the implementation of the Equal Pay Programme without binding measures would not significantly accelerate the reduction of the gender wage gap. It recommended that the Government establish time-bound targets for closing the gender pay gap and legislate on remuneration transparency, with a view to making it easier to challenge unequal pay (E/C.12/FIN/CO/7, 30 March 2021, paragraphs 20–21). The Committee also notes that according to the national Action Plan for Gender Equality 2020–23: (i) the gender pay gap will be narrowed during that period by increasing pay transparency through legislation, by Government-led research and development projects and by joint efforts undertaken by the Government and the labour market organizations; and (b) Finland is in favour of promoting equal pay by increasing pay transparency through EU legislation and considers it important to clarify the concept of “equal pay for work of equal value”.

Regarding the gender segregation of the labour market, the Committee refers to its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). As for the gender pay gap and the scope of comparison taken into account, the Committee notes that the principle of equal remuneration for work of equal value seems to be understood and applied in a very narrow way in the labour market in Finland. It wishes to reiterate that comparing the relative value of jobs in occupations which may involve different types of skills, responsibilities, efforts or working conditions, but which are nevertheless of equal value overall, is essential in order to eliminate pay discrimination resulting from the failure to recognize the value of work performed by women and men free from gender bias (see the 2012 General Survey on the fundamental Conventions, paragraph 675). In order to address gender pay discrimination in a gender-segregated labour market where women and men are concentrated in different trades, industries and sectors, the reach of comparison between jobs performed by women and men should be as wide as possible, extending beyond occupational categories, collective agreements and enterprises. The Committee encourages the Government to take steps towards clarifying the meaning of “equal remuneration for work of equal value” and ensuring that a wide scope of comparison is being applied in all activities which affect the application of the principle of equal remuneration for men and women for work of equal value, including equal pay surveys. It also asks the Government to provide information on whether and how it assesses the “equal value” of public employment jobs. The Committee requests the Government to continue providing information on the evolution of the gender pay gap and any measures aimed at its reduction, especially how the issue of occupational gender segregation is being addressed. It also asks the Government to provide information on the results of the overall assessment of the equal pay measures launched by the Ministry of Social Affairs and Health on 1 September 2022, as well as on the concrete outputs produced by the following projects: “Work of Equal Value 2021–2022”, “Dismantling segregation – Tools for a more equal working life (2021–2023)”, and “Working careers and occupational segregation behind the gender pay gap (2022–2024)”.

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

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the observations of the Central Organisation of Finnish Trade Unions (SAK), the Confederation of Unions for Professional and Managerial Staff in Finland (AKAVA), the Finnish Confederation of Professionals (STTK), and the Confederation of Finnish Industries (EK), integrated into the Government’s report.

Articles 1(3) and 4 of the Convention. Other members of the family. Leave entitlement. The Committee notes the Government’s indication that section 7(a) of chapter 4 of the Employment Contracts Act, which enables a person to be absent from work in order to take care of a close relative, can be used to take care of, inter alia, a sibling, cousin, domestic partner or a friend. It is based on an agreement between the employer and the worker regarding the length of absence and any other relevant arrangement. The employer must work actively, notably by assessing the various options, to allow the employee’s temporary leave and present justifications if the leave cannot be granted. Return to work before the end of the agreed period of absence must normally be agreed between the employer and the employee but, if not, the employee may discontinue the leave, for “a justifiable reason”, by informing the employer one month before the date of return to work. The Government indicates that the detailed statistics requested by the Committee are not available. The Committee requests the Government to provide information on any relevant court decisions concerning the type of justification that may have been given by employers to refuse leave under chapter 4, section 7(a), of the Employment Contracts Act, as well as information on what can be considered a “justifiable reason” for returning to work before the end of the agreed period of absence. It also requests the Government to indicate any measures taken or envisaged in order to collect statistical information on the number of men and women who have requested leave and who have been granted such leave in order to take care of persons other than dependent children.

Social Security. In reply to the Committee’s request for information on proposals made by the parental leave working group, the Government details the measures envisaged by the working group but indicates that none of these proposals were implemented. It adds, however, that the Action Plan for Gender Equality 2016–19 proposes to promote equal treatment and employment of women by equalizing the costs of family leave to employers with a one-time payment of €2,500. The Committee asks the Government to continue to provide information on any measures taken to compensate employers for costs incurred, including in the framework of the Action Plan for Gender Equality, as well as any measures taken to implement proposals made by the parental leave working group in this regard.

Flexible work arrangements. The Committee notes the Government’s indication that partial childcare leave – a system whereby, through an agreement between the employer and the worker, one can shorten daily or weekly working times – facilitates integrating family and working life. It further notes that the worker must have been employed by the same employer for a total period of at least six months during the last twelve months in order to be entitled to such leave, which can be taken until the end of the second year during which the child attends basic education (or longer in certain specific cases). Both parents, or persons having the care and custody of the child, are entitled to the partial childcare leave but not simultaneously. The Committee notes that a working group was appointed to assess how the gradual return to work of individuals receiving the child home care allowance could be promoted by combining early childhood education and care services and financial support. Based on the report of the working group, the partial childcare allowance was replaced, as from 1 January 2014, by a new flexible childcare allowance which increased the amount received by parents who work part-time and have children under the age of three. The objective was to increase the attractiveness of part-time work in relation to compensation for child home care. The Government indicates that, in practice, mothers take partial childcare leave in 80 per cent of cases after having been on parental leave and then child home care allowance and that they are the primary users of this type of leave (94 per cent) whereas remote work – another way of harmonizing work with family responsibilities, also based on an agreement between the employer and the worker – is more common for men than for women. The Committee notes the Government’s indication that the use of remote work has increased from almost zero to around a fifth of all wage earners between 1990 and 2013. It also notes the Government’s statement that the legislation and collective agreements ensure that employers can put in place various flexible working time arrangements which facilitate the integration of working and family life. The Committee asks the Government to continue to provide information on the impact of these arrangements on the possibility for workers to reconcile work and family responsibilities, including statistical information on the number of men and women using these arrangements.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the observations of the Central Organisation of Finnish Trade Unions (SAK), the Confederation of Unions for Professional and Managerial Staff in Finland (AKAVA), the Finnish Confederation of Professionals (STTK) and the Confederation of Finnish Industries (EK), integrated into the Government’s report. With regard to EK’s comments, whereby the Convention does not require equal distribution of family leave between men and women nor flexible working time solutions or work arrangements, the Committee emphasizes that the Convention aims to create effective equality of opportunity and treatment for men and women workers with family responsibilities and that the Committee examines the implementation of the provisions of the Convention both in law and in practice. In doing so, the Committee assesses to which extent the measures adopted are efficient in guaranteeing that persons with family responsibilities who are engaged or wish to engage in employment are able to exercise their right to do so without being subject to discrimination and, to the extent possible, without conflict between their employment and family responsibilities.

Legislative developments. Prohibition of discrimination on the basis of family responsibilities. The Committee recalls its latest comment under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), in which it noted the entry into force of a new Non-Discrimination Act (1325/2014) on 1 January 2015. The Committee notes with interest that, in this new Act, the scope of the prohibition of discrimination has been expanded and now includes, inter alia, the ground of “family status” (section 8(1)). The Committee requests the Government to provide information on the application of section 8(1) of the Non-Discrimination Act (1325/2014) in practice, including any judicial decision taken or any discrimination case filed with the Ombudsperson.

Articles 3 and 4(b) of the Convention. National policy and leave entitlements. The Committee notes the Government’s indication that legislative amendments concerning paternity leave, which entered into force on 21 December 2012, extended the length of such leave to nine weeks and the period during which the leave can be taken to two years after childbirth or placement in the case of adoption. The Government further indicates that, according to the National Social Insurance Institution, there was an increase of 11 per cent in the number of fathers receiving the parental allowance between 2014 and 2015 but that mothers are still the primary users of parental leave despite an increase in the use of the overall permitted parental leave by fathers which increased from 8.3 to 9.7 per cent in 2015 (it was 7.1 per cent in 2010). It adds that, as from 13 December 2013, a new flexible care allowance can be paid to parents who participate in the care of a child under 3 years of age and work no more than 30 hours per week on average. As of 18 March 2016, mothers no longer earn leave days for the whole period of parental leave but only for six months during this period. The Government explains that this is to promote a better distribution of parental leave between mothers and fathers by encouraging fathers to take part of the parental leave more frequently, allowing the mothers to go back to work earlier. In their comments, SAK, AKAVA and STTK regret, however, that the Government has decreased the income-based parental allowance and limited the accrual of annual leave during parental leave. They consider that these and other measures will, in practice, affect the status of women in the labour market as women still take 90 per cent of all the family leave allowance. The Committee notes that, in the country report the Government produced in May 2014 on the implementation of the Beijing Platform for Action (1995) and the Outcome of the twenty-third special session of the United Nations General Assembly (2000), it indicated that, since January 2014, care subsidy was paid also to parents working part time with the objective to encourage women with small children to return to work earlier and to urge both parents to share the child care. The Government indicated that one of the most difficult issues was to enhance the equal sharing of family leave between mothers and fathers. In this regard, the Committee notes that, in its final observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) regretted that the percentage of men who take parental leave remained low and that family leave available to men and single parents remained considerably low. It recommended that the Government, inter alia, “continue efforts to ensure the reconciliation of family and professional responsibilities and promote the equal sharing of domestic and family tasks between women and men, including by developing incentives to encourage more men to avail themselves of parental leave” (CEDAW/C/FIN/CO/7, 10 March 2014, paragraphs 26 and 27(d)). The Committee further notes that the Government Action Plan for Gender Equality 2016–19 sets long-term and mid-term objectives and envisages a set of measures to be taken such as: (i) a lump-sum of €2,500 for employers to compensate costs incurred due to family leave; (ii) introducing more flexibility in the starting date of the maternity allowance period; (iii) fostering family-friendly practices in the workplace; and (iv) improving the possibilities for workers to take care of their relatives. The Committee asks the Government to continue to provide information on any legislative amendments or other measures with regard to the parental leave system (including on the implementation of the Government Action Plan for Gender Equality 2016-19) as well as statistical information relating to the use of parental leave by men and women. To ensure improved application of the Convention, the Committee requests the Government to provide more detailed information on the impact of the measures taken, in particular the decrease in the income-based parental allowance and limitation the accrual of annual leave during parental leave to which SAK, AKAVA and STTK refer, and their effect on the situation of women and the frequency of leave taken by men.

Articles 7 and 8. Return to work, following family leave and protection from dismissal. In reply to the Committee’s request to provide information on the practical application and effects of the provisions concerned with the ability of workers returning from family leave to remain integrated in the labour force, the Government cites the Employment Contracts Act (55/2001), Chapter 4, section 9, according to which, at the end of a family leave, employees are entitled to return to their former duties. If this is not possible, employees shall be offered equivalent work in accordance with their employment contract; and if this is not possible either, other work in accordance with their employment contract. The Government adds that if it is not possible to offer an employee who returns from family leave any work that corresponds to the employment contract, the general provisions of the Act on terminating employment contracts and lay-offs, as well as the provisions on the related training and relocation obligations, are utilized when assessing the employer’s right to terminate or lay off the employee. It also refers to Chapter 7, section 9, of the Act which, not only, expressly prohibits termination of an employment contract on the ground of pregnancy or use of family leave but also reverses the burden of proof which is placed on the employer in case of dismissal. The Committee further notes that, in the previously mentioned country report of May 2014, the Government indicated that, according to studies, women faced discrimination at the workplace on grounds of pregnancy and family responsibilities. In this regard, the Committee recalls that, in its final observations, the CEDAW reiterated its concern regarding the illegal dismissal of women owing to pregnancy, childbirth and maternity leave and recommended that the Government “amend legislation to specifically prohibit employers from not renewing fixed-term employment contracts based on family leave and from limiting their duration on that basis” (CEDAW/C/FIN/CO/7, 10 March 2014, paragraphs 26 and 27(c)). The Committee notes the information provided by the Government concerning court decisions relevant to the principles covered in the Convention. The Committee requests the Government to provide information on any measures taken: (i) to examine the relevance of implementing awareness-raising measures to engender broader understanding by employers, workers and the general public, of the problems encountered by male and female workers with family responsibilities; and (ii) to prohibit the non-renewal or limitation of the duration of fixed-term contracts based on the mere basis of family responsibilities of the worker. It asks the Government to continue providing information on any relevant court decisions.

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

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

The Committee notes the observations made by the Central Organisation of Finnish Trade Unions (SAK), the Confederation of Unions for Professionals and Managerial Staff in Finland (AKAVA), the Finnish Confederation of Finnish Industries (EK) attached to the Government’s report.

Article 3 of the Convention. Objective job evaluation. In its previous comments, the Committee noted that according to the research project “Equal Pay, Equality and New Pay Systems” (SATU), the introduction of new pay systems resulted in a narrowing of the gender wage gap only among employees who earn the highest wages or those in the highest level positions and had a more prominent impact in the public and municipal sectors than the private sectors. The project “effectiveness of evaluating the demands of work, employee competencies and personal performance in Finland” (TAPAS) yielded information on the significance, applications and problems in the development of pay systems. The project produced a practical guide for equal pay, which compiles observations from workplaces in the project and provides instructions and recommendations on a general level. The Committee further notes the Government’s indication that results of the TAPAS and SATU projects have been disseminated through various events. The Committee also notes the project of 2013–14 surveying the development needs of pay systems in private service industries in light of the Government’s indication that the private sector is lagging behind in the development of pay systems. The Committee asks the Government to provide information on any further analysis of and follow-up to the findings of the SATU project. The Committee further requests the Government to provide information on the TAPAS guide’s impact and practical use. It also requests the Government to provide information on the findings of and any follow-up activities to the project surveying the development needs of pay systems in private service industries.

Public sector. With respect to the public sector the Committee notes that according to a working conditions survey by Statistics Finland, 47 per cent of municipal sector wage earners and 91 per cent of state wage earners reported that their pay system was based on job grade in 2013. Since 2003, the State has increased job grade evaluation in particular. According to AKAVA, new pay systems have succeeded in reducing pay gaps in the public sector, particularly in positions with the highest competence requirements, however, considerable differences remain between the wages of men and women working in middle management. From 2003 there has also been an increase in the use of job grade evaluation in the municipal sector from 28 per cent to 47 per cent. However, the situation has remained unchanged since 2008. The evaluation of personal performance was applied to 86 per cent of wage earners in the state sector and 33 per cent for the municipal sector in 2013. In the municipal sector, the introduction of new pay systems has slowed in recent years. According to the overall assessment of the Equal Pay Programme (2010–14), changing pay systems is often an extensive exercise and its preparations may take several collective agreement terms. It also requires financial investment. The Committee notes the Government’s indication that there is no comprehensive, reliable data on the number of wage earners in the scope of new pay systems. The Committee asks the Government to continue providing updated information on the progress made in the municipal sector and the impact of the competence and performance based pay systems on equal pay. It also asks the Government to provide information on how the lack of comprehensive, reliable data on the scope of the new pay systems is being addressed.

Collective agreements. The Government reports that the centralized framework agreement of the labour organizations (2011–13) included entries on gender equality and equal pay and that a tripartite report on the functioning and development needs of pay surveys was based on the framework agreement. The Committee however, notes that the industry specific collective agreements signed in 2011 in line with the centralised framework agreement did not include equal pay items of their own. Furthermore a centralised two-year Pact for Employment and Growth was signed in 2013. Industry-specific collective agreements following the centralised Pact for Employment and Growth signed in 2013 did not include separate equal pay items. The Government indicates that local pay arrangements have increased and their relative share of pay increases have grown. Furthermore, the information Committee on Cost and Income Developments, established by the Ministry of Finance, compiled a report in late 2013 on the promotion of equal pay through collective agreements, and has assessed the effects of agreement increases on the gender pay gap in 2010–12. The Committee requests the Government to continue providing concrete information on the impact of centralised and industry level collective agreements as well as the increase in local pay arrangements on equal pay. The Committee further requests the Government to provide a summary of the findings of the Committee on Cost and Income Development in their 2013 report. It also requests the Government to indicate any steps taken, in cooperation with the social partners, to promote the inclusion of separate equal pay items in industry-level collective agreements and the results achieved.

Enforcement. The Committee notes that the supervisory system for the Equality Act, comprising the Ombudsperson for Equality and the Anti-Discrimination and Equality Board, has been strengthened through the Act on the Amendment to the Act on Equality between Women and Men (1329/2014). The Government indicates that the independent status of the Ombudsperson for Equality has been reinforced and that there has been administrative restructuring. The Government also indicates that the number of cases handled by the Ombudsperson for Equality from 2012–14 varied between 152 and 211. About half of the cases related to discrimination in working life and many of these concerned equal pay. Cases concerned both basic pay and various kinds of bonuses and often concerned the effect of parental leave on wages. The Government also indicates that the supervision of pay discrimination reveals that the principle of equal pay is understood in a very narrow way in many workplaces in Finland. Accordingly, employers may argue that it is not possible to compare wages between employees placed at different pay levels. Furthermore, the Government indicates that the Ombudsperson for Equality has very limited resources for carrying out the task of monitoring the obligation of carrying out equality planning, and more resources are needed for this task. While noting the changes made to the supervisory system of the Equality Act, the Committee asks the Government to provide information on the Ombudsperson’s position regarding the scope of comparison between jobs and the outcome of key cases concerning equal remuneration for work of equal value. The Committee also requests the Government to continue providing information on the number, nature and outcome of cases concerning equal remuneration for men and women for work of equal value decided by the competent administrative authorities and the courts. It also asks the Government to provide information on how it addresses the problem of the Ombudsperson’s lack of resources to monitor the obligation to carry out equality planning.

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)

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

Articles 1 and 2 of the Convention. Gender pay gap. The Committee recalls the objective of the tripartite Equal Pay Programme (2006–15) which was to reduce the pay gap to 15 per cent by 2015. The Committee notes from the Government’s report that the difference in pay between men and women decreased to 17 per cent in 2011 and has remained stagnant between 2012 and 2015. According to the overall assessment of the Equal Pay Programme the stagnation in the gender pay gap is due to a period of economic difficulty in Finland and smaller wage increases compared to previous years. The Committee notes that, according to EK and AKAVA, labour market segregation remains the main reason for the gender pay gap. In this connection the Committee notes that from 2004–14, the change in the proportion of workers in “even occupations”, meaning occupations with 40–59 per cent male or female wage earners, has been almost non-existent. In 2012, the proportion of wage earners in “even occupations” was 13 per cent of all wage earners. According to EK, addressing occupational segregation is the only sustainable measure to tackle the difference in average earnings. The Committee recalls that the Government’s Gender Equality Programme (2012–15) aims to reduce gender segregation in education, career choices and the labour market and that several initiatives have been taken in furtherance of this aim. In this connection the Committee refers to its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). Noting the Government’s intention to implement the Equal Pay Programme until 2025, the Committee requests the Government to continue providing information on the evolution of the gender pay gap and any measures aimed at its reduction, especially how the issue of occupational gender segregation is being addressed. The Committee also asks the Government to provide summaries of any reviews of the Equal Pay Programme.

Equality plans and equal pay surveys. The Committee notes from the Government’s report that according to a survey undertaken by the central labour market organisations in 2012, the coverage of equality planning has increased. Yet, the Government indicates that coverage and quality of equality plans and pay surveys need improvement. The Government indicates that the Act on the Amendment to the Act on Equality between Women and Men (1329/2014) amended the provisions of the Act on Equality between Women and Men (609/1986) regarding the content of equality plans and pay surveys. Now, personnel representatives shall have sufficient opportunities to participate in and influence the drafting of the equality plan. If pay surveys reveal unfounded pay differences between men and women, these must be analysed and accounted for. If the pay differences are unfounded, the employer shall take corrective action. The Committee notes, however, the Government’s indication that in carrying out pay surveys, wages are usually only compared between employees with the same occupational title or employees in the same task groups and that it remains to be seen whether the scope of pay comparisons will be extended beyond the current situation. The Committee asks the Government to continue to provide information, including statistics, on the coverage of equality plans and pay surveys in workplaces and to monitor and provide results on their impact on the gender pay gap in the workplace in light of the amendments to the Equality Act. The Committee also asks the Government to provide information on the scope of pay comparisons used in pay surveys and in this context would like to refer to its comments regarding scope of comparison.

Scope of comparison. Repeatedly, the Committee has asked the Government to take action to enable a broader scope of comparison in the context of determining whether there has been compliance with the principle of equal remuneration for men and women for work of equal value. The Committee recalls its previous comments noting that, according to survey results, only 17 per cent of the workplaces had conducted comparison of wages of men and women across the boundaries set by collective agreements. The Committee notes that supervision of pay discrimination indicates that the principle of equal pay is understood in a very narrow way in many Finnish workplaces, employers sometimes claiming that it is not possible to compare wages between employees placed at different pay levels. The Committee notes that the equal pay provision in the Act on Equality between Women and Men (609/1986) does not contain any guidance or clarification as to the meaning of work of equal value. The Committee recalls that comparing the relative value of jobs in occupations which may involve different types of skills, responsibilities or working conditions, but which are nevertheless of equal value overall, is essential in order to eliminate pay discrimination resulting from the failure to recognize the value of work performed by women and men free from gender bias (see 2012 General Survey on the fundamental Conventions, paragraph 675). In order to address gender pay discrimination in a gender segregated labour market where women and men are concentrated in different trades, industries and sectors the reach of comparison between jobs performed by women and men should be as wide as possible, extending beyond occupational categories, collective agreements and enterprises. The Committee encourages the Government to take steps towards clarifying the meaning of equal pay for work of equal value and ensure that a wide scope of comparison is being applied in all activities which affect the application of the principle of equal pay for men and women for work of equal value, including equal pay surveys.

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

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 Organisation of Finnish Trade Unions (SAK), the Confederation of Unions for Professionals and Managerial Staff in Finland (AKAVA), the Finnish Confederation of Salaried Employees (STTK), and the Confederation of Finnish Industries (EK) attached to the Government’s report.

Article 3 of the Convention. Objective job evaluation. The Committee notes the Government’s indication that the analyses established by the research project “Equal pay, equality and new pay systems” (SATU), which was completed at the end of 2010, showed that the introduction of a new pay system provided only limited opportunities for reducing the gender pay gap; while the new pay systems have most clearly narrowed the gender pay gap among employees who earn the highest wages or who work in the highest positions, no similar narrowing is yet to appear among the employees who earn lower wages or who work in lower level positions; the impact of the introduction of the new pay system is more prominent within the public and municipal sectors than in the private sector. The Committee also notes the Government’s indication that the project “Effectiveness of evaluating the demands of work, employee competencies and personal performance in Finland” (TAPAS), the main focus of which is to develop pay systems within the organizations, will continue until the end of 2011, and that this project is being carried out through workshops organized by 18 organizations; a practical guidebook “Equality for pay” was to be compiled in the autumn of 2011. The Committee asks the Government to provide information on any follow-up activities or research concerning the findings by the SATU research project, as well as on the results achieved by the TAPAS project. Please also provide information on the contents of the practical guidebook “Equality for pay” under the TAPAS project, and on its dissemination and impact.

With respect to the public sector, the Committee notes the Government’s indication that the public sector as a whole has adopted new pay systems, while the municipal sector has agreed to gradually introduce the systems; the capacity and resource availability of each municipality has impacted on each pay system reform. The Committee asks the Government to provide detailed information on the implementation and impact of competence and performance-based pay systems, as well as the progress made in the municipal sector, as well as relevant statistical information.

Scope of comparison. The Committee recalls its previous comments noting that, according to survey results, only 17 per cent of the workplaces had conducted comparison of wages of men and women across the boundaries set by collective agreements. It notes the Government’s indication that the Parliament’s Employment and Equality Committee is of the view that an amendment should be made to the Equality Act (Act on Equality between Men and Women (609/1986)) to oblige comparisons across the boundaries set by collective agreements, and that the Act should state more clearly that the definition of remuneration includes various additional forms of payment. In this connection, the Committee notes that the EK indicates that in practice it is impossible to compare the value of jobs across different workplaces or different collective agreements. The Committee asks the Government to provide information on any follow-up action, with the cooperation of the social partners, to the Parliament’s Employment and Equality Committee’s recommendation, with a view to enabling a broader scope of comparison in the context of determining whether there has been compliance with the principle of equal remuneration for men and women for work of equal value, particularly where women are more heavily concentrated in certain sectors.

Collective agreements. The Committee notes the Government’s indication that, pursuant to the collective agreement for governmental employees for 2010–12, it was agreed that the equal pay allowance would be added to a specific target sector in the amount of 0.20 per cent starting from 1 May 2011, aimed at pay equality; for example in 2010, the target was sectors predominantly occupied by women requiring highly educated workers. It also notes the Government’s indication that according to a survey on the impact of collective bargaining on the gender pay gap in 2007–10, the gender pay gap throughout the labour market was reduced by 1 per cent. The Committee asks the Government to continue to provide information on the equal pay allowance in the public service, the use of collective agreements to promote equal remuneration for men and women for work of equal value, and on the impact of the sectoral collective bargaining system on differences in pay between men and women.

Parts III and IV of the report form. Enforcement. The Committee notes that the STTK indicates that due to insufficient resources, efficient and systematic law enforcement in the area of equality in employment is hampered. The Committee asks the Government to provide information on any steps taken to improve enforcement in the area of equality in employment. The Committee also asks the Government to continue to supply information on the number, nature and outcome of cases concerning equal remuneration for men and women for work of equal value decided by the competent administrative authorities and the courts.

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

The Committee notes the observations by the Central Organisation of Finnish Trade Unions (SAK), the Confederation of Unions for Academic Professionals in Finland (AKAVA), and the Commission for Local Authority Employers (KT), attached to the Government’s report.

Other members of the family. The Committee notes with interest the Government’s indication that section 7a of the Employment Contract Act, which entered into force on 1 April 2011, enables a person to be absent from work in order to take care of a family member or other close relative in ascending and descending generations. It also notes that the Government’s report on gender equality 2011 refers to the importance of extending family leave entitlements for taking care of family members other than dependent children. The Committee asks the Government to provide information on the practical application of section 7a of the Employment Contract Act, including statistical information on the number of men and women who have requested leave and who have been granted such leave in order to take care of members of the family other than dependent children.

Social Security. The Committee notes the Government’s indication that, since March 2011, the minimum amount of parental allowance was raised from €22.04 to €22.13 per day, and child home care allowance increased from €314.28 to €315.54 per month; while employers are entitled to the daily allowances for the period they pay salary, in 2009 for mothers the daily allowance was paid to the employer in 11.5 per cent of days and for fathers in 9.3 per cent of days; and a system was created in 2007 whereby employers are compensated for costs incurred due to parental leave funded by a social insurance scheme, in 2010 €61.6 million was paid as compensation for annual leave earned during family leave. In this connection, the Committee notes the observations by the KT that the compensation system for costs incurred by employers due to parenthood should be improved. In its reply, the Government refers to the possibility of reform proposed by the parental leave working group with a view to increasing society’s share of funding, and distributing the costs more evenly between employers of male- and female-dominated industries. The Committee asks the Government to continue to provide information on the measures taken to compensate employers for costs incurred, as well as any proposals made during the parental leave working group in this regard.

Flexible work arrangements. The Committee notes the Government’s indication that there are a number of flexible working hour arrangements, including part-time work, flexitime, telecommuting, part-time pensions, the working hour bank system and the distribution of work. The Committee asks the Government to provide information on the impact of these arrangements on the possibility for workers to reconcile work and family responsibilities, including the statistical information on the number of men and women using these arrangements.

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)

The Committee notes the observations by the Central Organisation of Finnish Trade Unions (SAK), the Confederation of Unions for Professionals and Managerial Staff in Finland (AKAVA), the Finnish Confederation of Professionals (STTK), and the Confederation of Finnish Industries (EK) attached to the Government’s reports.

Gender pay gap. The Committee notes from the Government’s report that the difference in pay between men and women was 17.9 per cent in 2011, and that according to the Government the gender pay gap has decreased, even if it has not reached the tripartite equal pay programme’s target of narrowing the gender pay gap to 15 per cent by the year 2015. Payment by results (bonuses) has had an influence on the gender pay gap especially during the recent recession, and the Parliament’s Employment and Equality Committee is of the view that the Equality Act (Act on Equality between Men and Women (609/1986)) should state more clearly that the definition of remuneration includes various additional forms of payment. SAK, STTK and AKAVA indicate that only 11 per cent of female AKAVA members received a performance bonus in 2010, while 27 per cent of male members received such a bonus. The Committee also notes the Government’s indication that labour market segregation remains the main reason for the gender pay gap, and in this context the Committee notes the information provided in the Government’s report under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). In this connection, the Committee notes the observation of the STTK that the objective under the equal pay programme to increase the number of people employed in “gender-equal job positions” (where the share of women and men is between 40–59 per cent) to one fifth in 2012, is unlikely to be achieved. The Committee asks the Government to refer to the comments made under Convention No. 111 on the issue of occupational gender segregation. It also asks the Government to indicate any measures taken in the context of the economic recession to implement the equal pay programme, and the impact of such measures at national, sectoral and workplace level. Please provide information on any other measures aimed at decreasing the gender pay gap, as well as the fullest possible statistical data on differences in men’s and women’s earnings with a view to assessing progress made. Please also provide information regarding any steps taken to amend the Equality Act to clarify that “remuneration” includes various forms of additional payments.

Equality plans and equal pay surveys. The Committee recalls its previous comments concerning the implementation gaps of equality pay surveys under the Equality Act. It notes the Government’s indication that according to a governmental survey in 2008–09, compliance with the obligation to draft equality plans in the workplace remains insufficient, and the quality of plans and pay survey requires improvement. In this connection, a series of articles drafted by the Ministry of Social Affairs and Health on equality planning in the workplace were effectively distributed through organizational publications and professional journals; in 2010, the Ministry and employers’ and workers’ organizations jointly produced an extensive set of training materials on equality planning for the workplace. The Committee notes that SAK, STTK and AKAVA consider that the employer’s obligation to analyse pay surveys should be included in the legislation. In this connection, the Government indicates that a tripartite working group appointed by the Government to examine the functionality and development needs of pay surveys completed its work in June 2012, and proposed updating the training on equality plans and pay surveys. It also notes the Government’s indication that Parliament placed an emphasis on securing employee representatives’ right to access to information in connection with pay reviews. It further notes the summary provided by the Government of the report on the functionality of the Equality Act, which includes the description of the obligations related to equality plans, as well as issues concerning the implementation of the Act and access to pay data. The Committee asks the Government to provide specific information on the content of the training on equality planning for the workplace, as well as the results achieved. It also asks the Government to indicate how the participation of employees and their organizations is ensured in the development of equality plans and implementation of pay survey. The Committee also asks the Government to provide further information on the actual impact of the pay survey on reducing gender pay differentials in the private and public sectors, including relevant statistical data, and information on the number of equal pay surveys that have resulted in specific follow-up action, including corrective action where pay discrimination was found.

Indirect discrimination with respect to remuneration. The Committee recalls the concerns expressed by AKAVA that young educated women are employed more often than men on a fixed-term basis particularly in the public sector, and that career progress for highly educated women employed on a fixed-term basis is as much as ten years behind that of men with corresponding levels of education. The Committee notes from the statistical information on the central Government fixed-term employment provided by the Government that, while the proportion of women is 52.6 per cent, the difference in pay between men and women was 8.7 per cent in 2009, which is one percentage point decrease from the previous year. The Committee asks the Government to indicate how the issue of female concentration in fixed-term employment is addressed in the context of indirect discrimination with respect to remuneration, and to identify any gaps in the legislation on equal remuneration in this respect. It also asks the Government to continue to provide statistical data, disaggregated by sex and age, on the employment of men and women on fixed-term contracts in the public sector, and their corresponding levels of remuneration.

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

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

The Committee notes the observations of the Central Organisation of Finnish Trade Unions (SAK), the Confederation of Unions for Professionals and Managerial Staff in Finland (AKAVA), and the Commission for Local Authority Employers (KT), attached to the Government’s report.

Articles 3 and 4(b) of the Convention. National policy and leave entitlements. The Committee recalls that promoting men’s engagement in parenting and caring for children is an integral aspect of the Finnish gender equality policy. It notes the Government’s first report on gender equality 2011, which outlines the Government’s views on the future gender equality policy until the year 2020. The Committee also notes that one of the long-standing gender equality policy goals set out in the report, is a more equal distribution of family leave between parents, and that measures to achieve the goal of reconciliation of work and family life include the following: (i) extension of the right to leave for taking care of family members other than dependent children; (ii) increasing the use of family leave by fathers; (iii) improving compensation for costs incurred by employers due to parenthood; and (iv) addressing the needs of diverse types of families. The Committee further notes the Government’s indication that the Ministry of Social Affairs and Health carried out a family leave campaign in 2007 and 2008, and that in 2009, 73 per cent of the fathers used their paternity leave, 18 days at the most, and that the take-up of the extended paternity leave increased 13.5 per cent in 2010 from the previous year; however, fathers used only 7.1 per cent of all permitted parental allowance days in 2010. The Government further indicates that in order to encourage fathers to increase their use of parental leave, in March 2011, a parental leave work group appointed by the Ministry of Social Affairs and Health, submitted to the Government a memorandum on possible legislative amendments concerning the parental leave system. The Committee asks the Government to provide information on the progress of any legislative amendments with regard to the parental leave system. It also asks the Government to clarify whether the family leave campaign is continuing, and to provide information on the impact of such activities, including statistical information on the extent to which men take family leave. Please also provide information on other measures taken to promote an equitable sharing of family responsibilities between men and women, as well as a copy of the interim report on gender equality, due in 2016.

Articles 7 and 8. Return to work following family leave and protection from dismissal. The Committee recalls that section 9 of Chapter 7 of the Employment Contract Act appears to be primarily concerned with dismissal during a family leave period, rather than dismissals upon return. It also notes that SAK and AKAVA reiterate their previous concerns regarding the risk that employers may rearrange work and hire new employees so that there is no longer work available for the person returning from family leave, thus making his or her dismissal possible. In its reply, the Government refers to the “presumption provision” in the Employment Contract Act, which shifts the burden of proof for a reason of termination on to the employer, and the Government indicates that no cases have been presented to the Supreme Court or the Supreme Administrative Court during the reporting period. In this context, the Committee notes that the United Nations Committee on the Elimination of all forms of Discrimination against Women, in its concluding observations urged the Government to prevent the practice of illegal dismissal of women in cases of pregnancy and childbirth (CEDAW/C/FIN/CO/6, 15 July 2008, paragraphs 183 and 184). The Committee asks the Government to provide information on the practical application and effects of the provisions concerned with the ability of workers returning from family leave to remain integrated in the labour force. In this regard, the Committee again asks the Government to continue to provide information on any relevant court decisions.

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

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), the Confederation of Unions for Professionals and Managerial Staff in Finland (AKAVA), the Confederation of Finnish Industries (EK) and the Commission for Local Authority Employers (KT) included therein.

Article 3 of the Convention. Objective job evaluation. With respect to the projects on the development of pay systems, undertaken with financial support from the European Social Fund, the Committee notes that the “Equality for pay, TAPAS 2008–11” of the Helsinki University of Technology aims to develop pay systems on the basis of job evaluation and the employee’s performance supporting equal pay for 16 to 20 organizations from different industrial and collective agreement sectors; results will be complied in a practical guidebook. The survey under the project “Equal pay, equality and new pay systems – SATU 2008–10” of the Labour Institute for Economic Research, on the impact of the new pay systems on gender differences in pay at various stages of individual careers and lives in the public and the private sectors, is due to be completed in 2010. The Committee asks the Government to provide a summary of the findings of the research undertaken under SATU and TAPAS projects, as well as a copy of the practical guidebook on pay systems supporting equal pay under the TAPAS project.

With respect to the public sector, the Committee notes that according to KT the basis for determining position-specific salaries in collective labour agreements in civil servant salaries and other collective labour agreements in the municipal sector is primarily the degree of competence required for the position, taking into account competence factors such as knowledge, skills, the impacts and responsibilities involved and working conditions. A survey by EK showed that all collective agreements in the local municipal sector included remuneration systems based on the assessment of the competence requirements of the positions. In some 90 per cent of the cases, the assessment system in use was based on a shared view of the employer and the employee representative, and 80 to 90 per cent of the position-specific salaries were based on a systematic assessment of position-specific competence requirements. The Committee asks the Government to continue to provide detailed information on the implementation and impact of competence and performance-based pay systems in the public sector, including relevant statistical information.

Scope of comparison. The Committee notes from the Government’s report that the surveys conducted on equal pay reviews indicate that 65 per cent of workplaces that have conducted an equal pay review had compared the wages of women and men in various professional categories, while 45 per cent had compared wages of women and men in various employee categories; one quarter had compared wages of women and men in different departments. The instructions issued by the Ombudsman for Equality for comparing the wages of men and women across the boundaries set by collective labour agreements are, however, proving to be a challenge, and survey results indicate that only 17 per cent of the workplaces had conducted such a comparison. The Committee further notes that a survey by EK on collective agreements in the local municipal sector showed that for the purpose of assessing position-specific competence requirements, the basis of comparison remuneration systems was primarily conducted within the salary group; in some 10 to 22 per cent of the cases remuneration systems were compared across salary groups, within the framework of the entire sector. For the purpose of ensuring equal remuneration for work of equal value, the Committee asks the Government to provide information on the measures taken or envisaged, together with the social partners, to enable a comparison of jobs performed by men and women on the broadest possible basis, including comparisons across different collective agreements, across salary groups and across different sectors.

Impact of the collective bargaining system on equal pay. The Committee notes that the Finnish collective bargaining system has moved from centralized income policy settlements to sectoral collective bargaining. It also notes that according to EK, all collective labour agreements on civil servant salaries and other collective labour agreements in the municipal sector valid from 1 October 2007 to 31 of January 2010 include a component on promoting equal pay, and that following the collective bargaining round of 2007, the Government made additional contributions towards pay increases in sectors predominantly employing women in the public sector, in particular care personnel and librarians. The Committee further notes that both the Government and the social partners find it too early to assess the impact of the collective bargaining round on pay equality between men and women. The Committee asks the Government to continue to provide information on contributions towards pay increases in the public sector, the use of collective agreements to promote equal remuneration for men and women for work of equal value, and on the impact of the sectoral collective bargaining system on differences in pay between men and women.

Enforcement. Parts III and IV of the report form. The Committee asks the Government to continue to supply information on the number, nature and outcomes of cases concerning equal remuneration for men and women for work of equal value decided by the competent administrative authorities and the courts.

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.

Observation (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), the Confederation of Unions for Professionals and Managerial Staff in Finland (AKAVA), the Confederation of Finnish Industries (EK) and the Commission for Local Authority Employers (KT) included therein. It also notes the report on the Final Evaluation on the Framework of Actions on Gender Equality in Finland (2009), sent by the Government.

Gender pay gap. The Committee recalls that the tripartite equal pay programme has the objective of narrowing the gender pay gap to 15 per cent by the year 2015. The Committee notes from the Government’s report that over the past five years the gender pay gap has been reduced by one percentage point and that the difference in pay between men and women was at 18.83 per cent in 2008. With respect to average gross hourly earnings, Eurostat figures for 2008 indicate that the unadjusted gender pay gap remains unchanged at 20 per cent. The Committee further notes the Government’s statement that due to the economic recession, action to reduce the gender pay gap will encounter additional challenges. The report of the Final Evaluation on the Framework of Actions on Gender Equality in Finland (2009) indicates disappointment by some of the social partners at the concrete achievements of the programme and the fact that some of the structural problems of the labour market, such as occupational segregation, have not been sufficiently addressed. Nonetheless, the Committee notes the overall strong support by all parties to continue the equal pay programme. The Committee asks the Government to take appropriate measures to address the challenges encountered in the implementation of the equal pay programme with a view to enhancing its impact at national, sectoral and workplace level, and to provide detailed information on its implementation and the results achieved. Please also indicate the measures taken to address more effectively some of the structural causes of the gender pay gap, such as occupational gender segregation, and provide the fullest possible statistical data on differences in men’s and women’s earnings with a view to assessing progress made since 2008.

Article 2 of the Convention. Application in practice. Equality plans and equal pay surveys. The Committee notes from the Government’s report that surveys conducted in 2008 and 2009 for the purpose of assessing the functionality of the Equality Act (Act on Equality between Men and Women (609/1986)) indicate that a total of 62 per cent of the workplaces obliged to prepare an equality plan had done so, with the majority of the plans made in the government and municipal sectors. While 60 per cent of the workplaces undertook an equal pay review, employee representatives in the public sector had expressed criticism at the manner in which equality plans had promoted equal pay. Despite the requirement in the Equality Act, in only one third of the workplaces employee representatives had participated in equal pay reviews. The EK states that 75 per cent of its member companies prepared equality plans together with employee representatives. The Committee notes that SAK raises concerns about the manner in which equal pay reviews are able to address unexplained pay inequalities. According to SAK, the surveys on equal pay reviews indicated that reviews did not result in any action in 45 per cent of the workplaces. A survey conducted by SAK indicated that corrective measures had been undertaken in only 14 per cent of the cases in which pay discrimination was found. According to AKAVA, clarity of the legislation on pay reviews, the preparation of pay reviews and access to pay information remain problematic, especially in the private sector. The EK states, in this regard, that making gender equality plans more accessible at the workplace level and the drafting process more transparent have been identified by all social partners as priorities in making gender equality planning more efficient. The Committee notes that, according to the Ministry of Social Affairs and Health, a procedure in the workplace granting employee representatives direct access to information on pay could clarify the situation and reduce the administrative burden on businesses. The Committee welcomes the continued efforts made by the Government and the social partners to promote equal remuneration for men and women for work of equal value through equal pay reviews under the Equality Act. The Committee asks the Government to take measures, in cooperation with the social partners, to address the implementation gaps of equal pay reviews, including considering granting employee representatives direct access to pay information at the workplace level, taking measures aimed at identifying unexplained and discriminatory gender pay differentials and at improving participation of employees and their organizations in the development of equality plans and implementation of pay reviews. The Committee also asks the Government to provide further information on the actual impact of the pay reviews on reducing gender pay differentials in the private and public sectors, including relevant statistical data, and information on the number of equal pay reviews that have resulted in specific follow-up action, including corrective action where pay discrimination was found. Noting that the report on the functionality of the Equality Act was to be submitted to Parliament in 2009, the Committee asks the Government to provide a copy of the report, including a summary of its findings.

Indirect discrimination with respect to remuneration. The Committee notes the concerns expressed by AKAVA that young educated women are more often than men employed on fixed-term contracts, particularly in the state sector. As employees on fixed-term contracts often receive lower pay and career progress for highly educated women isasmuch as ten years behind than that of men with corresponding levels of education, AKAVA considers that the fixed-term employment contracts of young women may constitute an attempt by employers to avoid employment security and the costs incurred due to parental leave. According to AKAVA, the current legislation is unable to address such indirect discrimination against women with respect to remuneration. The Committee asks the Government to provide statistical data, disaggregated by sex and age, on the employment of men and women on fixed-term contracts in the state sector, and their corresponding levels of remuneration. The Committee also asks the Government to examine the following:

(i)    the extent to which the more frequent employment of young educated women on fixed-term employment contracts results in indirect discrimination with respect to remuneration; and

(ii)   any gaps in the legislation on equal remuneration with a view to addressing such indirect discrimination.

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

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

Article 3 of the Convention. Objective job evaluation. Development of difficulty-based pay systems. Recalling its previous comments concerning the introduction of pay systems that rely on difficulty-based job evaluation, the Committee notes that several central labour market organizations have stressed the need to develop such pay systems as an important means of addressing the remaining gender pay gap. Noting from the Government’s report that a broad-based research and development programme concerning pay systems will start in 2008 with financial support from the European Social Fund, the Committee asks the Government to provide detailed information on the progress made in the implementation of this programme and to indicate conclusions or recommendations formulated and the results achieved.

As regards the public sector, the Committee notes the Government’s indications that a study conducted by the Helsinki University of Technology on pay systems based on job and competence evaluations and their effects on pay differences between the sexes in the government sector showed that such pay systems can reduce gender pay gaps, even though this did not occur within all government institutions. The Central Organization of Finnish Trade Unions (SAK) states that the Government’s new pay system was going in the right direction. However, there were difficulties in ensuring that implementation was consistent as between one government office and another. According to the Finnish Confederation of Salaried Employees (STTK), approximately 95 per cent of the new public sector pay system has been implemented so far. The STTK considers that the system’s impact on women’s wage development seemed to be positive, but noted that it is too early to assess the reform’s gender impact. The Committee asks the Government to continue to provide detailed information on the impact of the operation of difficulty-based pay systems in the public sector, in combination with competence and performance based pay, on the gender pay gap in public sector employment, including relevant statistical information.

Parts III and IV of the report form. Enforcement. The Committee asks the Government to supply information on the number, nature and outcomes of cases concerning equal remuneration for men and women for work of equal value decided by the competent administrative authorities and the courts.

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.

Observation (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 Finnish Confederation of Professionals (STTK), the Confederation of Unions for Professionals and Managerial Staff in Finland (AKAVA), the Confederation of Finnish Industries (EK), the Commission for Local Authority Employers, and the State Employer’s Office (VTML), included therein.

Assessment of the gender pay gap. The Committee notes from the Government’s report that between June 2005 and May 2007, the gender pay gap calculated on the basis of average monthly earnings (regular monthly working hours) has remained unchanged at 20 per cent. According to Eurostat, there has also been a 20 per cent gap between men’s and women’s average gross hourly earnings since 2002. SAK expressed concern that pay differentials have increased in certain sectors. The Committee previously noted that the equal pay programme, which was adopted based on recommendations made by a tripartite working group in 2005, aims at closing the current gender pay gap (average monthly earnings) by at least 5 per cent by 2015. The programme addresses the gender pay gap through various measures regarding pay systems, occupational segregation based on sex, equality planning, reconciliation of work and family life and corporate social responsibility. The Committee also notes the concerns expressed by some trade unions over delays in the programme’s implementation. The Committee asks the Government to provide detailed information on the implementation of the measures envisaged under the equal pay programme and to continue to provide detailed statistical information that will allow the Committee to assess the progress made in closing the gender pay gap.

Article 2 of the Convention. Application in practice. Equality plans. The Committee notes that according to a survey carried out by SAK, only 35 per cent of the enterprises surveyed had undertaken a pay survey as required under the Act on Equality between Men and Women. EK indicated that by autumn 2006, some pay surveys had been conducted by a majority of their members. According to SAK and AKAVA the legislation was not sufficiently clear as to how these surveys should be conducted and how work of equal value should be determined, particularly in cases where employees of the same employer were employed under different collective agreements or pay systems. STTK states similarly that equal pay could not be realized unless equally demanding jobs and their remuneration can be compared across collective agreements. SAK and AKAVA stress that access to the necessary pay information was unsatisfactory. According to EK, pay surveys were carried out using existing personnel or task-related classifications and no major difficulties were reported, while according to the Ombudsperson, data protection issues may be an obstacle. EK considered that equal pay is best promoted through up to date and fair pay systems.

In its report, the Government states that following the entry into force of the amendments to the Act that introduced pay surveys in the context of the adoption and implementation of equality plans, the Ombudsperson focused on the provision of information, advice and training. In 2006, the Ombudsperson began consultations with labour market organizations in order to address practical problems and difficulties in equality planning, and particularly as regards pay surveys. When workplaces had included concrete objectives concerning the removal of gender pay differentials in equality plans, it was found that there was more likelihood of progress. The Committee welcomes the efforts made by the Government and the social partners to promote equal remuneration for men and women for work of equal value through pay surveys under the Act on Equality between Men and Women, and asks the Government to continue to provide information on the implementation of pay surveys and their actual impact on reducing gender pay differentials, as well as on the measures taken to ensure that all workplaces required to undertake such surveys under the Act comply with their obligations. The Committee also asks the Government to provide further information on the measures taken to:

(i)    promote participation of employees and their organizations in equality plans and pay surveys;

(ii)   ensure appropriate access to pay data with a view to identifying discriminatory gender pay differentials; and

(iii) ensure that for the purpose of ensuring equal remuneration for work of equal value, jobs performed by men and women can be compared on the broadest possible basis, including comparison across different collective agreements.

Collective agreements. The Committee notes that SAK considers collective bargaining significant for addressing gender pay differentials, including through centralized collective bargaining and equality increments. According to STTK, the Government is committed to making additional contributions towards pay increases in public sector fields dominated by women. The Committee further notes STTK’s comment that the new collective agreement for the finance industry (2007–11) was an example of a collective agreement addressing equal pay concerns. The agreement includes a “salary discussion model” under which salary increases are partially performance based. The agreement also provides for increased information on salaries and job difficulty evaluation. Finally, the Committee notes that the memorandum adopted by the central labour market organizations in the framework of the round table on equality recommends that all parties to collective agreements assess, as and when necessary, how their agreements have impacted in differences in pay between women and men. The Committee looks forward to receiving information on the measures to implement this recommendation, and requests further information and examples on how collective agreements are being used to promote equal remuneration for men and women for work of equal value.

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

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Article 4 of the Convention. Terms and conditions of employment. The Committee welcomes that the Government has continued to improve and adapt the family leave entitlements available under the legislation. It notes the extension of the paternity leave period by 12 days, under certain conditions; allowing both parents to take partial parental leave simultaneously, both working part-time; the improved childcare leave entitlements for adoptive parents and parents of disabled children or children with a long-term illness; and the extension of the right to temporary childcare leave to parents who do not live in the same household with the child. The Committee requests the Government to continue to provide information on further developments regarding its efforts to address the rights and needs of workers with family responsibilities in their terms and conditions of employment, including the results of any studies or reports undertaken to assess the operation of the existing entitlements. In this context, please also report on the measures taken to address the needs of workers with responsibilities in respect of members of the family other than dependant children, as envisaged in Article 1(2).

2. Social security. The Committee notes that since 1 October 2001, paternity allowance can be paid flexibly according to the family’s need during maternity or parental leave. Measures in effect from 1 January 2007 increase family allowances and create a system whereby employers are compensated for costs incurred due to parental leave funded by a social insurance scheme funded on broad joint responsibility, regardless of whether the employer covers a male or female dominated profession. The Committee requests the Government to continue to provide information on the level of allowances for employees taking family leave and the measures taken to compensate employers for costs incurred in this context, including information on any studies or reports that have been undertaken to assess the functioning of these arrangements.

3. Flexible work arrangements. In its previous comments, the Committee noted efforts to promote the development of new working time arrangements and organization models for reconciling work and family, including telework. The Committee requests the Government to provide information concerning measures taken to promote flexible arrangements regarding working time and organization for reconciling work and family responsibilities.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Article 3 of the Convention. National policy. Recalling that a major objective of the Convention is the achievement of effective equality of opportunity and treatment for men and women and that the Workers with Family Responsibilities Recommendation, 1981 (No. 165), encourages the sharing of family responsibilities between men and women, the Committee notes that promoting men’s engagement in parenting and caring for children is an integral aspect of the Finnish gender equality policy. However, the Committee notes that according to 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), younger women are disadvantaged in the labour market because they take family leave more often than men.

2. The Government, in cooperation with social partners, carried out a paternity leave campaign in 2002–03 to disseminate information about the extended paternity leave available since 2003 and to encourage the use of family leave by men. According to information released by the Ministry of Social Affairs and Health, by the end of 2006, fathers in Finland made use of fewer than four per cent of parental leave days, and according to a 2005 study published by the Social Insurance Institute, paternity leave tended to be taken by men with higher incomes. The Committee notes that legislative amendments made during the reporting period introduced incentives for men to take family leave, inter alia, by linking extended paternity leave to the taking of a minimum period of parental leave and increasing the allowance paid during family leave periods. The Committee also notes that additional legislative measures are being discussed with a view to giving more support for the involvement of men in family matters (Men and Gender Equality Policy in Finland, Ministry of Social Affairs and Health, 2007:2). The Committee requests the Government to continue to provide information on the measures taken to promote a sharing of family responsibilities between men and women, and to provide statistical information on the extent to which men take family leave.

3. Articles 7 and 8. Return to work following family leave and protection from dismissal. The Committee notes that SAK, STTK and AKAVA indicate that despite the fact that employees taking childcare leave, in principle, enjoy increased protection from termination, the employer can rearrange the work and hire new employees so that there is no longer work available for the person returning from family leave, thus making his or her dismissal possible. The Commission for Local Authority Employers (KT) stated that rapid changes in working life may render dismissal inevitable, for instance in cases where a reorganization of work takes place during extended periods of family leave and the previous job or similar work cannot be offered in accordance with the employment contract.

4. The Committee notes that section 9 of Chapter 4 of the Employment Contract Act provides that at the end of a period of family leave, employees are in the first place entitled to return to their former duties. If this is not possible, employees shall be offered equivalent work in accordance with the employment contract, and if this is not possible either, other work shall be offered in accordance with their employment contract. Section 9 of Chapter 7 provides that the employer shall not terminate an employment contract on the basis of the employee’s pregnancy or because the employee is exercising his or her right to family leave. However, it appears that this provision is primarily concerned with dismissal during a family leave period, rather than dismissals upon return. The Committee requests the Government to clarify whether and how the legislation protects employees returning from family leave from termination in situations such as described by SAK, STTK and AKAVA and to provide information on any assessments made of the practical application and effects of the provisions concerned on the ability of workers returning from family leave to remain integrated in the labour force. In this regard, the Committee requests the Government to provide information on any relevant court decisions.

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

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

1. The Committee notes the comments of the following workers’ and employers’ organizations, which where included in the Government’s report: the Confederation of Finnish Industries (EK), the Central Organization of Finnish Trade Unions (SAK), the Finnish Confederation of Salaried Employees (STTK), the Confederation of Unions for Academic Professionals in Finland (AKAVA), the Commission for Local Authority Employers (KT) and the State Employer’s Office (VTML).

2. Incomes policy agreement. The Committee notes from the Government’s report that one of the key objectives of the latest incomes policy agreement (2005–07) is the reduction of pay differentials between men and women. The EK, SAK, STTK and AKAVA indicate that efforts are under way to establish a common method of difficulty assessment with the intention of developing pay systems based on the difficulty of the tasks involved. The Committee would welcome receiving any information on the effects of the incomes policy agreement and the common method of difficulty assessment in reducing pay differentials between men and women.

3. Collective agreements. The Committee notes that, under the amended Act on Equality between Men and Women, pay comparisons should also be made across collective agreements (The Act on Equality between Women and Men 2005, Ministry for Social Affairs and Health, Gender Equality Publications, 2005:2, page 16). The Committee asks the Government to provide information on any efforts taken or envisaged to promote the application of the principle of equal remuneration for men and women for work of equal value through collective agreements, including information on the promotion of job evaluation and classification that facilitate the application of the principle within and between different sectors of employment.

4. Public sector pay systems. Recalling its previous comments concerning the introduction of new difficulty-based pay systems for government employees, the Committee notes from the Government’s report that, as of 30 November 2005, the new systems apply to all employees concerned. The Government indicates that at this stage it was difficult to assess the effects of the new system on women’s and men’s pay and the gender pay gap. The Committee asks the Government to take the necessary steps to monitor the effects of the new pay system on the remuneration received by male and female government employees and to provide information on the results of such an analysis in its next report. Noting KT’s indication that new municipal pay systems are being developed which will be based on personal skills and job demands, the Committee asks the Government to keep it informed on the progress made in this regard and on the manner in which the principle of equal remuneration for work of equal value is being taken into account in this context.

5. Gender-based occupational segregation. Further to its previous comments on this issue, the Committee notes EK’s and KT’s concerns regarding the persistent high level of gender-based occupational segregation. It notes from the Government’s report that a working group, comprised of representatives from the school and university systems, the Ministry of Education, the Ministry of Labour, and the social partners, in early 2004, recommended several changes concerning the content of education, training for teachers, and student counselling, with a view to promoting gender equality and reducing segregation in training and education. The Committee asks the Government to provide information on the follow-up action taken to the recommendations of this working group and on the specific measures to reduce horizontal and vertical occupational segregation within the equal pay programme, including social partner initiatives.

6. Part-time and fixed-term employment. With regard to part-time and fixed-term employment, the Committee notes the Government’s indication that the occupational safety and health authorities are responsible for supervising the application of section 2 of the Employment Contract Act which prohibits discrimination on the basis of part-time or fixed-term employment. The Committee also notes that the Minister of Labour has commissioned a study on the prevalence of fixed-term employment, examining the issue from a perspective of gender equality and the requirements of the Act on Equality between Women and Men. The Committee asks the Government to provide information on the findings of this study and on any other measures taken to further assess and address the impact of part-time and fixed-term employment on the gender pay gap. Please also indicate whether the occupational safety and health authorities have dealt with any cases concerning unequal treatment in respect of remuneration of part-time or fixed-term employees and, if so, the outcome of such cases.

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.

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

1. In its previous observation, the Committee noted that the gender pay gap in Finland had remained unchanged in recent years and asked the Government to provide information on the measures taken to identify and correct pay differentials due to the undervaluation of work predominantly performed by women. In this regard, the Committee notes from the Government’s report that the Government’s Action Plan for Gender Equality 2004-07 sets out a number of objectives and measures aimed at reducing gender-based pay differentials, in cooperation with workers’ and employers’ organizations. It notes with interest that, as provided for in the Action Plan, the previous equality provisions have been strengthened by the Act amending the Act on Equality between Men and Women (Act No. 232/2005). The Committee notes in particular that under the amended Act on Equality between Men and Women, equality plans, which are obligatory for private and public undertakings with more than 30 employees, must include information that enables workers and employers to monitor the equality situation in the enterprise concerned, i.e. details concerning the employment of men and women in different jobs and a survey of the grade of jobs performed by men and women, the remuneration for those jobs and differences in pay (section 6a(2)). Further, equality plans must set out measures to achieve pay equality and a review of the impact of measures previously taken to this end. Under the Act, employers must also promote equitable recruitment of women and men in the various jobs and create equal opportunities for career advancement (section 6(2)). The Committee asks the Government to provide information regarding the following:

(a)   implementation and enforcement of the equal pay provisions of the amended Act on Equality between Men and Women, including information as to the activities of the Ombudsperson for Equality and the Equality Board to supervise compliance with the Act, as well as relevant court decisions;

(b)   progress made in the preparation and implementation of equality plans that address equal pay issues in accordance with the Act, indicating examples of  plans that have resulted in the reduction of gender-based pay differentials in the enterprises concerned; and

(c)   the manner in which compliance with the Act’s equal pay provisions is ensured through the promotion and use of objective job evaluation methods.

2. The Committee further notes that a tripartite equal pay working group was established with the task of preparing an equal pay programme to be implemented through tripartite cooperation. The working group completed its work in May 2005, proposing a comprehensive programme that provides for measures to be taken in a number of targeted areas, including measures to address horizontal and vertical occupational segregation by gender, women’s career development, equality planning, reconciliation of family and work responsibilities, pay systems, employment contract policies and statistics. The programme aims at closing the current gender pay gap of approximately 20 per cent, calculated on the basis of regular monthly working hours, by at least 5 per cent by 2015. The Committee asks the Government to provide detailed information on the measures taken under the equal pay programme in respect of each of the areas mentioned above and the progress made in achieving the target set for 2015. Noting that the Government’s report does not contain updated statistical information concerning men’s and women’s earnings, the Committee asks the Government to provide such information in its next report, as well as any further studies or analyses undertaken concerning the evaluation and elimination of the gender pay gap.

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

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 2003, published 92nd ILC session (2004)

1. Further to its observation, the Committee notes with interest that section 6(4) of the new Constitution of Finland of 9 June 1999 stipulates that "equality of the sexes is promoted in societal activity and working life, especially in the determination of pay and other terms of employment, as provided in more detail by an Act". It further notes that the Ministry of Social Affairs and Health set up a tripartite committee to consider amendments and additions to the Act on Equality Between Men and Women (609/1986) (Equality Act), including items on equal pay and an investigation into the equality impact of the legislation. Noting that the tripartite committee has submitted a report in September 2002, but that no legislative initiatives have been taken to date, the Committee asks the Government to keep it informed of any developments in this regard.

2. With regard to the promotion of pay parity in atypical employment relationships, the Committee notes from the Government’s report that more women (17 per cent) than men (8 per cent) continue to be in part-time work and fixed-term employment contracts continue to be more common among women (20 per cent) than men (13 per cent). According to the Confederation of Unions for Academic Professionals (AKAVA) this especially adversely affects the pay situation of highly educated women. As much as 76 per cent of the young women of members of AKAVA employed by the State have fixed-term employment contracts and on average the pay of employees in fixed-term employment is lower than those with permanent employment contracts. The Committee notes in this regard that section 2(3) of Chapter 2 of the newly adopted Employment Contracts Act No. 55 of 2001, which explicitly refers to the provisions of the Equality Act, states that "without proper and justified cause less favourable employment terms than those applicable to other employment relationships must not be applied to fixed-term and part-time employment relationships merely because of the duration of the employment contract or working hours". The Committee asks the Government to provide information on the application and enforcement of the relevant provisions of the Employment Contracts Act and to indicate how they have impacted on the wage gap between men and women. Please also provide information on the measures taken to increase the ability of more highly educated women to compete on an equal footing with men for permanent contracts.

3. Further to the above, the Committee notes that the experience-based increment scheme applicable in the municipal sector, was modified in 2000 in accordance with the general collective agreement for municipal officials, and is now based on the duration of the employment relationship rather than on accumulating experience at work. This means that maternity and parental leave, care leave, sick leave and all other authorized absences are included in the calculation period for the increment. The Committee notes that since 2000, part-time work has been counted as equivalent to full-time work in the calculation of the experience increment, and that municipal employees on maternity or parental leave between 1996 and 2000 were awarded almost one extra year for the calculation of the increment. The Committee asks the Government to continue to provide information on how it ensures the application of the principle of the Convention to part-time employees and to indicate the impact of these measures on women’s pay in the sectors concerned.

4. Further to its observation, the Committee notes from the Government’s report that changes in occupational and sectoral segregation have been slow and that segregation in educational and training fields leads to occupational segregation in the labour market. The Committee notes the various activities listed in the Government’s report to reduce segregation in the labour market and educational and training fields, including the new initiatives that have been launched in 2002. The Committee asks the Government to continue to provide information on the measures taken to eliminate gender-based occupational segregation, in particular through vocational training and education initiatives, and their specific impact on the pay gap between men and women.

5. With regard to job evaluation, the Commission of Local Authority Employers (KT) states that job demands assessment has progressed in the municipal sector because the criteria used do not discriminate on the basis of gender. Furthermore, the current incomes settlement and the development programme for the municipal sector pay system for 2002-07 will promote improvements in local pay and continued job demands assessment, which will particularly benefit women in the sector. According to the Central Organization of Finnish Trade Unions (SAK), job evaluation is conducted in different sectors but no comprehensive study of the present situation is yet available. They suggest that trade unions study how indirect discrimination through collective agreements affect the position of men and women, allowing a comparison to be made between the benefits available to workers with atypical employment contracts and those available to permanent and full-time workers. The Committee notes in this regard that a research project sponsored by the labour market organizations entitled "Equal remuneration with pay system reforms - assessment of job demands and employee competence in Finland" aims to establish which kind of pay systems best support the narrowing of unfounded wage gaps between men and women and how pay systems can be developed to ensure equality. SAK further believes that the same job evaluation carried out in the municipal sector under the terms of a collective agreement should be used to compare the pay of employees working for the same employer under different collective agreements. AKAVA notes that the real impact of pay systems developed on the basis of job evaluation on pay equality has not been sufficiently studied and suggests that the State administration, where pay system reform based on job evaluation has progressed the most, examines the importance of job evaluation in promoting pay parity.

6. Further to the above, the Committee notes that the report of 2000 of the working group of the State Employers’ Office (VTML) investigating the pay system for government employees, indicates that a fair and motivating pay system is needed that gives more emphasis in pay calculations to the work performed, thus allowing change-responsive pay and greater efficiency. It also notes that currently 26 government departments and agencies have reached agreement on a new pay system and the Ministry of Finance provides assistance on the pay system reform to relevant departments and agencies. The Government’s report further indicates that the development of new pay systems for the State sector is scheduled for completion for the end of the current agreement period and that the reform of the Equality Act will promote job demands assessments and equal remuneration across collective agreements by including in equality plans the charting of the demands of men’s and women’s jobs and pay differentials. The Committee asks the Government to continue to provide information on the use of job demand assessment and the development of effective pay systems to ensure equality, and on the impact of the new pay systems on existing pay differentials in the government departments and agencies that have reached agreement on such a system.

7. The Committee notes the information received on the opinions issued by the Ombudsman concerning alleged pay discrimination. It notes in particular that in December 2000 a ruling was passed by the Helsinki District Court requiring the Federation of Special Service and Clerical Employees (ERTO) to award compensation to a female employee for wage discrimination. The Committee notes that in determining the amount of reimbursement, the court emphasized that an employees’ organization should be especially aware of the standards set in the employment legislation. Noting that ERTO has not taken steps to correct the wage discrimination since receiving the Ombudsman’s opinion, the Committee asks the Government to indicate in its next report the progress made in this regard, as well as to continue to provide information handled by the courts or the Ombudsman.

8. The Committee notes that while the collective agreements concluded in many sectors have emphasized the importance of having an equality plan, the introduction of equality plans has not reached adequate levels. It notes in this regard that the remit of the committee reviewing the Equality Act includes considerations how equality plans can be improved, including the question related to the possibility subjecting the employer’s neglect to draft an equality plan to legal sanction. The Committee asks the Government to continue to provide information on the manner in which it ensures the use of equality plans in the public and private sectors, and on the results achieved.

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

1. The Committee notes the detailed information provided by the Government in its reports as well as the comments from the Central Organization of Finnish Trade Unions (SAK), the Finnish Confederation of Salaried Employees (STTK), the Confederation of Unions for Academic Professionals (AKAVA), the Confederation of Finnish Industry and Employers (TT), the Employer’s Confederation of Services Industries in Finland (Palvelutyönantajat), the Commission of Local Authority Employers (KT), and the State Employer’s Office (VTML).

2. Further to its previous observations, the Committee notes that the gender wage gap has remained unchanged in recent years and that women’s average earnings in regular work were about 80 per cent of the equivalent earnings of men. It also notes from the study entitled Gender Wage Differentials in the Finnish Labour Market of 2002 that the gross wage differential is the lowest among manufacturing workers and local government workers (just under 20 per cent and just above 20 per cent respectively) and the highest for salaried manufacturing employees (over 30 per cent). The study indicates, however, that when excluding the smallest and most segregated occupational categories of manufacturing wage earners, the wage difference drops to 15 per cent. The central Government and private sector employees have a wage differential of approximately 25 per cent. The Committee notes that AKAVA provides more or less similar data on wage differentials in the public and private sectors, but that it indicates that it is impossible to draw direct conclusions from these figures about the real extent of pay discrimination because more accurate figures have to take into account information on sector, job title, job description, training and experience. AKAVA states that if the pay differentials due to differences in job title were removed, this alone would reduce the need to raise women’s average pay from 37 per cent to 18 per cent.

3. The Committee notes that the Government’s report and the abovementioned study indicate that half of the wage gap is due to differences in job descriptions and careers and the fact that women work in lower-paid sectors and occupations than those in which men work. Proportionately the biggest group of women lagging behind their male colleagues in terms of remuneration consists of well-educated and older women in demanding jobs, especially in the private sector. The differential in the municipal sector is largely explained by occupational segregation and the slightly lower educational attainment of women compared to men while, in the manufacturing industries, it is accruing age that leads to a widening gap between senior males and senior females. In the private sector, segregated selection into occupations generates a wage differential of almost 15 percentage points. The Committee notes that SAK, STTK, TT and Palvelutyönantajat all indicate that pay parity problems arise from the gender division by occupation and that a narrowing of the wage gap is possible only when imbalances in the gender ratio in different occupations are corrected.  However, TT and Palvelutyönantajat also state that studies on pay differentials between men and women in different service sectors should take into account the difficulty of work performed in each sector, which is important for comparing pay levels for the same work. They point out that studies carried out in the banking sectors indicate that the most significant explanatory factor was the difficulty rating of the job and that studies in the metal and engineering industries also concluded that by taking into account job difficulty and other factors, men’s pay was only 2-5 per cent higher than that of women.

4. The Committee notes in this regard that the application of the difficulty ratings for job evaluation purposes began in 2002 and that pay systems based on difficulty ratings and personal performance, and on the evaluation of these factors, are currently in operation in 26 government departments and agencies, covering 14 per cent of all government employees. However, it also states that no job evaluation system-based difficulty ratings are in use for senior salaried and professional personnel. The Committee asks the Government to continue to provide information on difficulty-based pay systems, including for senior personnel, and their impact on the wage gap between men and women.

5. The Committee notes from the information provided by the VTML and the Government that the collective agreements concluded for the state and municipal employees between 2001 and 2005 seek to reduce pay differentials by incorporating an equality allowance and a sectoral allowance. The VTML states that for the collective agreement concluded between the Ministry of Finance and the principal state employee organizations for 2003-05, the effect of the equality allowance for women was 0.21 per cent. The TT and Palvelutyönantajat indicate that the equality allowance based on incomes policy agreements is problematic for competitiveness, because it affects sectors in which labour costs rise faster than productivity. The sectors affected have a high proportion of low-income and women employees. They state that within the sectors, pay increases are no longer aimed at women or the lower paid, but are general increments paid to all, regardless of the employees’ gender or pay level. The STTK believes that equality allowances for women have a definite corrective effect on the pay differentials between female-dominated and male-dominated sectors, but that reducing pay differentials will require that job evaluation be extended to cover different sectors. The Committee asks the Government to continue to provide information on all efforts taken to identify and correct pay differentials between male-dominated and female-dominated sectors due to the undervaluation of work women perform or any other directly or indirectly related sex-bias factors.

6. Right to obtain information. The STTK states that ensuring pay equity requires that the right of shop stewards to obtain data be broadened to include the opportunity to obtain earnings statistics by pay category and gender from the employers. The KT indicates that the general municipal collective agreement requires that shop stewards be provided once a year with information on the basic salaries and job-specific salaries and individual-specific pay components of the personnel represented by them. The Committee notes that under the shop steward agreement between the Palvelutyönantajat and the SAK as well as the general agreement between the TT and the SAK, shop stewards have the right to obtain, either once a year or quarterly, data on the pay category and level and structure of earnings. However, the agreements provide that information on employee groups of fewer than six employees is not to be disclosed for reasons of privacy. The Committee also notes that the amendment of 26 January of 2001 to section 10(1) of the Equality Act provides that if there are reasonable grounds to believe that wage discrimination due to sex has occurred, the employer shall be obliged to disclose information on the wages and employment conditions of the persons concerned to the shop steward or the workers’ representative, who may reveal this information. It asks the Government to provide information on the practical application and enforcement of section 10(1) of the Equality Act, including with regard to employee groups of fewer than six employees.

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

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 with interest the numerous projects initiated by the Government on the theme of return to and participation in the labour market on the family’s terms, including projects: (1) to devise new models for reconciling work and family life; (2) to forecast the consequences of structural changes in working life for opportunities for men and women to participate equally in work and family life; (3) to devise working time and service provision models in order to ensure that mothers of disabled children have the opportunity to work; (4) to develop new working time arrangements and organization models for reconciling work and family; and (5) to develop models for telework. The Committee would be grateful if the Government would continue to provide information, including copies of project studies and reports, regarding projects and initiatives undertaken to help men and women workers reconcile their work and family responsibilities.

2.  The Committee notes with interest the different types of family leave contemplated by the Employment Contracts Act, including maternity, special maternity, paternity and parental leave, care leave, partial and temporary care leave and the right to be off work for compelling family reasons. It notes that the right to paid maternity leave has been expanded by collective agreement in various sectors, including certain female-dominated sectors such as the textile and clothing industry. The Committee asks the Government to continue to provide information on related developments, including information on any collective agreements expanding the right to paternity and parental leaves. The Committee notes the flexibility of the childcare leave provisions, which entitle parents and guardians living in the same household as the child to take care-leave and permit parents to take leave to care for their own children, adopted children and any other children living in the same household.  In addition, the child’s parents can divide family leaves between them as they see fit, a factor which gives working parents greater flexibility in organizing their work and family life. The Committee also notes with interest that, as of 1 June 1998, the Act includes a provision permitting employees to be away from work when necessary due to some unforeseen reason caused by sickness or accident. This provision permits employees to stay home to care for a family member (which includes a person living in the household in family-like circumstances) as well as for a close relation (a person from an ascending or descending generation).

3.  The Committee notes from the Government’s report that a committee established by the Ministry of Social Affairs and Health issued a report on fatherhood and the changing role of fathers in spring 1999. The Committee would be grateful if the Government would provide a copy of the report as well as information on any measures taken or envisaged to implement the proposals contained in the report, including the extension of the period of parental allowance payment available exclusively to the father under national legislation.

4.  Further to its previous comments, the Committee notes that 51 per cent of those entering labour market training in 1998 were women. The data supplied by the Government indicates that most persons completing labour market training in 1998 took part in vocational, continuing and supplementary training. In addition, a large proportion of the training (almost 20 per cent) consisted of advisory training, which is intended to improve skills in job application, career choice and planning and life organization and planning skills more generally. The Government indicates that approximately 10 per cent of vocational guidance clients are mothers aged 28 to 32 years that are attempting to enter the labour market once their children reach school age, but who lack vocational training. Six per cent of vocational guidance clients are women aged 35 to 37 years with higher education. The Committee requests the Government to continue to provide information on any measures taken or contemplated to promote the participation of mothers in such training courses and to improve their ability to enter and remain in the labour market. The Committee notes from the report that employment offices have discretion to grant persons moving voluntarily from full-time to part-time employment a part-time supplement to compensate them for their loss of earnings, if the employer hires an unemployed jobseeker at the same time. The Government indicates that the part-time supplement system is a work-sharing model which was initiated on an experimental basis in 1994. The Committee asks the Government to provide information in its next report on the number of workers availing themselves of the part-time supplement system after returning to work following an absence due to maternity or parental leave or to family responsibilities.

5.  The Committee would be grateful if the Government would continue to provide information, in accordance with Article 10, paragraph 2 of the Convention, indicating the extent to which the provisions of the Convention have been implemented.

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

1.  With respect to measures taken to reduce gender-based occupational segregation in the Finnish labour market, the Committee notes the work undertaken by the LUMA project to promote equal opportunities by increasing the number of girls and women studying mathematics, physics and chemistry and cultivating their interest in the technical professions. It also notes that a strategic project, "An equal labour market (2000-03)" will be launched within the framework of Finland’s National Action Plan for Employment for 2000, with the aim of influencing career placement mechanisms to achieve a greater balance of men and women in different fields. The Committee notes that the study will use research data and good practice to identify the key factors necessary for eliminating occupational segregation. The Committee also notes that the National Action Plan calls for the social partners to launch a three-year cooperation programme, including an information campaign, involving companies and schools to explore ways in which boys and girls could be influenced to take an interest in selecting non-traditional occupations. The Committee would be grateful if the Government would continue to keep it informed of the measures taken to reduce the wage gap between men and women and to eliminate occupational segregation in the Finnish labour market, and of the progress achieved.

2.  The Committee notes the Government’s explanation regarding the new provisions of the collective agreement for trade, which permit part-time employees to accumulate years of service in the same manner as full-time employees, enabling them to qualify for higher salary grades. The Committee also notes that the general collective agreement for municipal employees and officials, which came into force in 2000, places part-time work and absence from work due to family leave on a par with full-time work, for the purposes of determining pay supplements based on experience. Given the high numbers of women in part-time positions, as well as the fact that, at present, it is mostly women who take family leave, the Committee asks the Government to indicate the impact of these collective agreements on women’s pay in the sectors concerned.

3.  The Government indicates that an equality plan was in place in eight of Finland’s largest cities in 1997, but that there is no complete information on equality plans confirmed by local authorities. Proactive equality measures may be included in the occupational safety plan of action for a workplace pursuant to the Equality Act. The Equality Ombudsman and the occupational safety and health authorities have discussed how to promote equality in the workplace, possibly by having occupational safety and health inspectors raise the issue of equality planning in their annual inspections of occupational safety plans of action and by having the inspectors distribute a brochure on equality planning. The Committee notes that the two-year comprehensive incomes agreement ending in January 2000, contained a working life development programme, involving several working groups aiming to promote the implementation of equality between men and women in different ways. The Committee also notes the plan formulated by the Lappeenranta University of Technology, to increase the number of women students, as well as the plan by Fazer Suklaa Oy, which has, inter alia, increased training and versatility to encourage women to move to better-paid jobs. The Committee notes the copy supplied by the Government of the Equality Ombudsman’s equality planning guide, providing employers with guidelines and instructions on how to comply with their equal pay duties. The Committee would appreciate receiving information from the Government in future reports on developments in equality planning.

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 detailed information provided by the Government in its report as well as the comments from the Central Organization of Finnish Trade Unions (SAK), the Finnish Confederation of Salaried Employees (STTK), the Confederation of Unions for Academic Professionals (AKAVA), the State Employer’s Office (VTML) and the Commission for Local Authority Employers (KT).

1.  The Committee notes from the report that the employment situation in Finland has been improving for several years and that employment has increased for both men and women. The Government states that there is no significant difference between the unemployment rate for women and that for men; in 1999, the unemployment rate for women was 10.7 per cent as compared to 9.8 per cent for men. SAK states that the recession of the 1990s caused persistent long-term unemployment which has affected women, particularly older women, more than men.

2.  The Government indicates that the pay differentials between men and women have reduced slightly in the 1990s, due largely to the economic recession of the early 1990s which reduced "wage drift" in the private sector, as well as to the equality allowances contained in the comprehensive incomes policy agreements of the 1990s. The data supplied by the Government indicates that pay differentials between men and women have decreased in the municipal sector, where women predominate (78 per cent of municipal employees are women). In 1999, women in the municipal sector earned approximately 77 per cent of men’s average overall monthly earnings (compared to 75 per cent in 1996). The data provided indicates that, in terms of regular working hour earnings, women’s pay in 1999 was 80 per cent of men’s. The Government points out, however, that a detailed analysis of the municipal sector by job group shows that the pay differentials are in fact slight and that there are occupations where men earn less than women on average. The Committee notes from the report that, in state employment, women’s average earnings in 1998 were 79.3 per cent of men’s (compared to 79 per cent in 1993). In the metallurgical industry, women’s average hourly wage for regular working time in the second quarter of 1999 was approximately 86 per cent of the comparable figure for men, while women’s pay was about 95 per cent of men’s when compared by pay group. AKAVA states that the pay differentials between men and women have remained largely unchanged in the late 1990s, with AKAVA women earning 73 per cent of men’s average pay, in 1999.

3.  The Government attributes the pay differentials noted to a range of factors, depending upon the sector involved. It indicates that differentials in the municipal sector are due to a specialized labour market, education, age structure, amount of overtime worked and other factors. It attributes the differentials in the state sector to divisions in the wage market and to the placement of men and women in different jobs. The Government indicates that differentials in the metallurgical industry are due largely to job specialization. The VTML states that, in analysing the pay differentials between men and women, pay levels should be compared with job difficulty. According to the VTML, if job difficulty and other factors are taken into account, then the actual imbalance caused by gender would be 2 per cent. AKAVA attributes women’s lower earnings to the prevalence of women in atypical employment relationships (part-time and fixed-term relationships), where pay is substantially lower than average for permanent employees. It points out that half of all women under 30 have a fixed-term employment relationship and that 85 per cent of young women members of AKAVA employed by the State have a fixed-term relationship. The KT emphasizes that municipal employees have excellent agreement-based opportunities for family leave, sick leave and other leave of absence, which considerably increases the demand for fixed-term employees, particularly in the largest fields of the municipal sector, which include health care, social welfare and education. The Government indicates in the report that the development of equal opportunities in the labour market is complicated by the fact that atypical employment is far more common among women than men. In this context, the Government points to the amendments to Chapter 2a of the Employment Contracts Act on family leave, which were designed to clarify the family leave provisions and facilitate the taking of such leave. The Committee would be grateful if the Government would continue to provide information on measures taken or envisaged to promote wage parity for workers in atypical employment relationships, as well as the impact of the amendments on the wage gap and on women’s ability to compete effectively with men on the labour market.

4.  The Committee notes that in 2000 the Equality Ombudsman launched a study project to create a framework for regularly outlining the pay differentials between men and women and to generate data on developments in regard to the differentials and the factors that cause them. The Committee would appreciate receiving information on the results of the study once it is completed.

5.  The Committee notes that the incomes policy agreement in force in Finland until the end of 1999 contained an equality allowance targeted at lower-paid sectors where women predominate. It notes from the report that branch-specific collective agreements concluded in late 1999 and early 2000 do not contain such allowances. The SAK states that the pay differentials between men and women have remained unchanged due to the equality allowances mentioned. The STTK indicates that women’s low-pay allowances in incomes policy agreements play a significant role in reducing the pay differentials in situations where overall pay raises are small, where pay developments observe agreement guidelines and wage drift is relatively minimal. However, the STTK points out that equal pay should be promoted through other measures such as pay system reform through job demands evaluation (evaluation of the demands inherent in the job) and equality plans formulated pursuant to the Equality Act. The STTK states, however, that the implementation of equality in the workplace has been hindered by a lack of systematic planning. An STTK survey among industrial employees indicated that only 6 per cent of all workplaces had an equality plan in place. The KT feels that achieving equal pay may have a negative impact because removal of pay differentials would prevent employers from implementing incentive pay policies.

6.  With regard to job evaluation methods, the SAK and AKAVA state that new pay systems based on job demands evaluation have been agreed upon in numerous sectors. The Government indicates that 17 state agencies and institutions now have agreements on the new pay systems. However, AKAVA points out that the impact of the new pay systems on promoting equality in the workplace should be studied, particularly in the central administration, where the pay system reform is most advanced. The Committee notes from the report that the Ministry of Finance and the main social partners signed an agreement on 10 March 1999 to promote the new pay systems, which provides for the establishment of a working group to draft a proposal for the codification of pay system reform in central government collective agreements for employees and officials. The Committee also notes the report supplied by the Government on job demands evaluation in the state sector, and that the State Employer’s Office is continuing the development of research and statistical methods relevant to this issue as part of its work on developing pay systems. The Committee would be grateful if the Government would keep it informed of the proposals made by the working group, as well as the results of the work of the State Employer’s Office in this area, including the impact of the new systems on existing pay differentials.

7.  The right to obtain pay data.  The STTK states that monitoring the application of the principle of equal remuneration is hindered at the workplace level by the fact that the availability of pay data to shop stewards is limited in that data on pay to employees covered by a different collective agreement from that of the shop steward is unavailable. The STTK notes, however, that progress was made during the 2000 negotiations when a shop steward under the Finance and Special Fields Union of the STTK obtained the right to access data on average pay and similar statistics separately for men and women by job demands level. The Government indicates that the right of shop stewards to obtain pay data differs in the public and private sectors, but that the amendments to the Act on the Openness of Government Activities (621/1999) improved the right of shop stewards to obtain information in the state and municipal sectors. The shop steward agreement relating to the collective agreement for municipal employees and officials also included a clause providing that shop stewards shall have the right to obtain data on the pay levels of employees and officials.

8.  The Committee notes the information provided by the Government with regard to the equal pay complaints received by the Equality Ombudsman. It also notes the comments of the Chemical Workers’ Union with regard to the application of Discrimination (Employment and Occupation) Convention, 1958 (No. 111) that it is difficult for employees to initiate complaints under the Act on Equality between Women and Men due to fears of retaliation. The Committee hopes that the Government will continue to provide information on the Ombudsman’s activities relevant to the investigation and resolution of equal pay complaints, including a summary of the complaint, the action taken and the outcome.

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.

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

1.  The Committee notes the information contained in the Government’s report and the comments of the Central Organization of Finnish Trade Unions (SAK) and the Confederation of Unions for Academic Professionals in Finland (AKAVA). Referring to its previous observation, the Committee recalls that, due to difficult economic circumstances, the Government had postponed the enactment of an amendment to the Children’s Daycare Act of 1991 designed to extend the right to municipal day care from children under 3 years to all children under school age (7 years). The Committee notes from the report that, since 1993, the economic situation in Finland has improved and that, accordingly, the amendment in question was enacted and came into force at the beginning of 1996. The Committee also notes from the report that the Children’s Daycare Decree has been amended to shorten the period within which the relevant authorities must arrange for a place in day care, particularly where the need for day care is caused by finding a job, studies or training. Further, according to information supplied by the Government, the home-care allowance scheme was changed on 1 August 1997 by an Act on support for children’s home care and private care which established the right of parents to a home-care allowance if the child is under the age of 3 years or belongs to the same family as another child under 3 years being cared for in the same facility.

2.  The Committee notes SAK and AKAVA’s comments concerning the extension of the right to day care to all children under school age. The SAK and AKAVA consider that the local authorities have generally fulfilled their obligations well in providing childcare, although they point out that centres with rising populations have had some difficulty in meeting the demand for services. The SAK also observes that structural changes in working life are taking place at a faster rate than childcare services can adjust to; therefore, it is sometimes difficult for working parents to find suitable childcare if they work irregular hours. The Committee notes with interest that, according to SAK and AKAVA, over half of all fathers now exercise their right to paternity leave. These organizations point out, however, that the structure of the Finnish parental allowance scheme, which bases payments on a worker’s average wage, has the effect of encouraging the lower paid parent (more often than not the working mother) to stay at home, thereby failing to promote greater gender equality in the workplace. According to the report, the trade union movement has proposed an active campaign to encourage fathers to make greater use of parental leave. The Committee welcomes these positive developments initiated by the Government and the trade unions and hopes that efforts will continue to provide suitable day care services and to meet the needs of working parents. With respect to the parental allowance scheme encouraging mothers over fathers to take leave, the Committee points to the link with the promotion of equal pay remuneration between men and women and refers to its comments under Convention No. 100 on equal remuneration.

The Committee is addressing a request directly to the Government on other points.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the detailed information provided by the Government in its report as well as the comments from the Central Organization of Finnish Trade Unions (SAK), the Finnish Confederation of Salaried Employees (STTK), the Confederation of Unions for Academic Professionals in Finland (AKAVA), and the Commission for Local Authority Employers (KT).

1. The Government states that in 1997, women's total average earnings in the public and private sectors combined constituted 79.2 per cent of men's corresponding average earnings, representing an increase from 1994 of 4.5 per cent. The figures reported also reveal sectorial differences in whether the pay gap has widened or narrowed between men and women over the last few years. These sectorial differences are further borne out by the comments of AKAVA which reports a widening of the gender wage gap, stating that the pay of all AKAVA-affiliated women in full-time employment was 76 per cent of men's in 1995; in 1997, the corresponding figure was 74 per cent. From a more long-term perspective, KT states that earnings differentials between men and women workers have decreased since the 1970s. SAK indicates that pay differentials between men and women workers have remained unchanged in the 1980s and 1990s, although there have been changes in the pay structure as Finland moves from merely work-based pay to a pay based on competence and performance.

2. With respect to the reasons for the wage differentials, the Government indicates that these differentials are affected by numerous factors simultaneously, including occupational segregation as well as spending cuts made in the public sector during the recent recession. Reference is also made to changes in the unemployment rate for men and women and the differential impact the recent economic growth has had on men and women which affects their remuneration levels. AKAVA considers that the employer's sector and sphere of operations, the post concerned, and the employee's years of experience are all factors which contribute to this situation. AKAVA points out that pay differentials are smaller in the state administration than in the municipal sector, although it maintains that the widespread use of fixed-term employment relationships may weaken the standing of trained women in the state administration in the long run. The KT attributes the continued differentials to a gender-separated labour market, training, the age structure and the amount of overtime worked by men and women workers.

3. The Committee notes from the Government's report that the conclusions of the study commissioned by the Equality Ombudsman on the pay differentials between men and women from an economic point of view found that the adoption of legislation on equal pay was insufficient to reduce the pay differentials and that active measures were required, such as the introduction of effective equality programmes. Measures to facilitate work and family responsibility were found to have a limited effect on reducing the pay gap as long as men do not take up the opportunities to use these measures along with women. The study also concluded that the negotiating power of women was viewed as a vital element in further reducing the pay differential. The Committee would be grateful if the Government would continue to provide information on the progress of efforts taken to reduce the wage gap and combat occupational segregation in both the public and private sectors. Please provide, in particular, information on active measures such as the equality programmes referenced in the Government's report and initiatives in the areas of education, vocational training and occupational guidance aimed at reducing pay differentials.

4. The Government states that, in the commercial sector, increment levels for part-time employees governed by collective agreements were changed at the beginning of 1998 and that the new regulations permit part-time employees to accumulate years of service and move into correspondingly higher pay grades, in the same manner as full-time employees. The Government indicates that this legislative change will improve the earnings level of the large majority of women part-time workers in the commercial sector. The Committee notes this information with interest and requests the Government to provide copies of the relevant regulations and to supply information on the impact of the regulations on the gender pay gap.

5. The Committee notes with interest that the collective agreement for 1998-99, concluded on 12 December 1997, provides for the payment of equality allowances to be shared out as agreed by the unions involved. The STTK reports that it has received positive feedback from member unions on the manner in which equality and low-income allowances have been shared out. The Government further indicates that preparations are under way for collective agreements on new pay systems in numerous sectors of the public administration, covering 80 per cent of all state personnel. In relation to the monitoring of collective agreements, the STTK points out the difficulty it has due to the limited access the shop stewards have to pay information. It states, however, that other approaches to equal pay are also needed, including a reform of pay systems through the development and introduction of job demand evaluation tools, as well as by making workplace equality planning more effective. The Committee expresses its hope that the Government will continue to supply information on new developments in this area, and requests the Government to provide a copy of the interim report compiled by State contracting parties, focusing on the link between job demands and pay as well as between gender and pay.

6. The Government indicates that the collective agreement mentioned above stipulates that the central labour market organizations' working group shall continue its work, which includes promoting and monitoring the development and introduction of job evaluation systems and issuing statements and opinions on evaluation at the request of the social partners, the Equality Ombudsman and the unions. The Government is asked to provide a copy of the handbook on job evaluation published by the working group, as this annex was not received with the report. The Government is also asked to continue to provide information on the ongoing activities of the working group, including copies of any reports issued by the group on job evaluation systems and trends in equal pay.

7. The Committee notes the information contained in the Government's report concerning the annual workplace equality plans formulated by employers under the 1995 amendments to the Equality Act. The Government states that some equality plans call for the creation of pay systems built on job evaluations as a means to achieve greater pay equality. Other plans require pay analyses to be carried out at regular intervals to permit pay discrimination to be identified and corrected, while others view a reallocation and reorganization of work as one method of promoting equal pay. The Committee would be grateful if the Government would provide a copy of the 1996 materials issued by the Equality Ombudsman providing employers with guidelines and instructions on how to comply with their equal pay duties. In addition, the Government is requested to provide information on the surveys conducted by the Ombudsman on workplace equality planning.

8. The Committee notes the information provided by the Government with regard to the equal pay complaints received by the Equality Ombudsman. The Committee hopes that the Government will continue to provide information on the Ombudsman's activities relevant to the investigation and resolution of equal pay complaints, including the manner in which the Ombudsman's decisions are implemented.

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.

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

The Committee notes the detailed information provided by the Government in its report as well as the comments concerning pay differentials from the Central Organization of Finnish Trade Unions (SAK) and the Confederation of Unions for Academic Professionals (AKAVA).

1. Article 2 of the Convention. The Committee notes from the information provided that the gap between the average earnings of men and women has widened; whereas women earned 76.8 per cent of men's earnings in 1992, they earned only 74.7 per cent in 1994. The Committee also notes that information on trends and prospects for women's employment in the 1990s in Finland annexed to the report suggests that general economic fluctuations are responsible for fluctuations in the size of the gender wage gap, whereby it appears that women are more vulnerable in times of economic recession because of the sector- and type-specificity of their employment. The Committee would be grateful to receive the Government's comments on this suggestion as well as information on the specific wage differential in female-dominated, male-dominated, low-paid and typically part-time occupations.

2. The Committee notes the 1995 amendments to the Act concerning equality between men and women, which place a duty on employers to promote equality (section 5) and to include measures for equality in their annual staff plans. The Committee asks the Government to supply information on how wage equality, in particular, is promoted in these annual plans and, if possible, to send copies of some of these plans.

3. Noting that in the course of 1993-96, the Equality Ombudsman issued 26 opinions on remuneration and that the number of requests for opinions on wage discrimination continued to increase, the Committee would be grateful if the Government could provide information on the trends in these discrimination allegations, and the measures undertaken to implement the opinions of the Ombudsman. The Committee would also appreciate receiving information on the current number, and the nature, of allegations of wage discrimination received by the Ombudsman.

4. Article 3. The Committee notes with interest the information in the final report of the job evaluation working group set up by the central labour market organizations. Considering that, according to information from the Government, some of the recommendations and suggestions put forward by the working group, such as the setting up of a working group to monitor job evaluation for the purpose of promoting the development and introduction of job evaluation schemes, have been implemented, the Committee would appreciate receiving information on the composition and mandate of this new working group, especially with regard to the extent that this includes the recommendations and suggestions of the earlier working group. The Committee would also be grateful to receive a copy of the manual on the development of evaluation schemes.

5. The Committee notes the information provided regarding the number of collective agreements concluded within the framework of the ongoing re-evaluation of the state pay system which is based on linking wages to job demands and individual work performance and competence, as well as on the jointly achieved overall result of a given work community. Noting that before 1996, these agreements covered only 5 per cent of the employees under the state budget, the Committee requests the Government to provide information on the agreements that were expected to be concluded since then, as indicated in the report.

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 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 1994, published 81st ILC session (1994)

1. The Committee notes the recent studies of the gender-related reasons for differences between women's and men's earnings mentioned in the Government's report. It notes, in particular, one study in the metal and forest industries showing that gender-related reasons accounted for 4.5 per cent of the difference in the case of female workers and 8.5 per cent of female salaried personnel where the pay differentials between the sexes were respectively 16 per cent and 32 per cent. It also notes a second study, in the metal industry, showing that the gender-related pay difference was 2.7 per cent, when company-specific differences were taken into account. It notes the statement of the Confederation of Finnish Industry and Employers (TT) and the Employers' Confederation of Service Industries (LTK) emphasizing the importance of eliminating, as far as possible, the effect on pay of "other" factors that are not related to sex, "such as the sector duties, working time, training, work experience, personal competency and work performance".

The Committee refers the Government to paragraphs 57 to 62 of its 1986 General Survey on Equal Remuneration where it examines other criteria used and warned of the need for bona fide application of apparently neutral factors, and the problem of evaluating a worker rather than the work. The Committee asks the Government to inform it in future reports of any other research studying sex-based vis-à-vis other factors in wage differentials or stressing residual gender-related gaps.

2. Noting the 1992 Supreme Court judgement concerning equal remuneration, the Committee asks the Government to continue to provide information on any court decisions or activities of the Equality Ombudsman concerning the application of the principle of the Convention.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

1. Referring to its observation, the Committee notes that efforts have been made to instruct employment office personnel on the implications for customer service of gender equality legislation. The Committee requests the Government to continue to supply information on any measures taken to promote information and educational initiatives that will promote the objects of the Convention.

2. Noting that labour market training courses are arranged for first-time job entrants and for the long-term unemployed, the Committee requests the Government to provide further information on the extent to which these courses attract persons wishing to re-enter the labour market after absences due to family responsibilities.

3. The Committee requests the Government to continue providing information, in accordance with Article 10, paragraph 2, assessing the extent to which the provisions of the Convention have been applied.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the detailed information provided by the Government in its report as well as the comments from the Confederation of Finnish Industry (TT) and the Employers' Confederation of Service Industries (LTK) on the methodology of studies into pay differentials, and the comments of the Central Organization of Finnish Trade Unions (SAK), the Confederation of Technical Employee Organizations in Finland (STTK) and the Confederation of Unions for Academic Professionals (AKAVA) calling for action to be taken on the great amount of data and studies showing unequal pay between men and women workers.

Article 2 of the Convention

1. The Committee notes from the statistical table in the Governments' report that despite the impact of the equality allowance in slightly reducing sex-based wage differentials, the trend towards narrowing this gap slowed down in the late 1980s. The greatest impact of the equality allowance was in the local government sector, where for full-time personnel in 1992 women's average monthly earnings were 76 per cent of men's. Noting that for civil servants in 1992 women's total average earnings were 79 per cent of men's, the Committee would be grateful to receive more statistical information, if possible, showing progress towards the reduction of sex-based wage gaps by sector with special emphasis on female-dominated occupations and low-paid occupations in relation to male-dominated occupations.

Article 3

2. The Committee notes with interest the information on the outcome of the study of the working group on job evaluation established by the central market organizations in 1990. The working group drew up a series of job requirements corresponding to the 1986 General Survey on Equal Remuneration and proposed measures to introduce job evaluation systems in various spheres of working life, such as sector-specific pay provisions, job evaluation systems for each contract sector, the use of job descriptions as a basis for job evaluation. The Working group stressed cooperation between the labour market parties and research promoting analytical job evaluation.

The working group then commissioned a pilot study aimed at testing its job requirement framework, which completed its work in 1993. The results showed that the chosen job evaluation factors could be applied to different sectors, that the jobs of women and men were equally demanding in both the public and the private sectors, that job descriptions were important and that job evaluation was a suitable tool for promoting equal pay between the sexes. As the Government reports that the pilot study is to continue with cross-sector comparisons, the Committee would like to be kept informed of its further findings and would like to receive a copy of its final report, which was expected to be completed in autumn 1993.

3. The Committee notes the information provided regarding the ongoing re-evaluation of the state pay system, according to which pay discrimination seems to be the lowest in the public sector and pay differentials are larger when statistics use average earnings rather than the various pay components. It also notes the principles on pay formulation contained in the 1992 State Employer's Salary and Wage Policy Programme, appended to the report, which aim at linking factors such as the demand for a job, personal work performance and operative results in setting fair and flexible pay levels.

The Committee would like to receive information on the practical application of this Programme and indications as to when the re-evaluation of the State pay system is completed.

4. The Committee is addressing a direct request to the Government on certain other points.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee has noted the information provided by the Government in its report.

1. The Committee's previous comments reflected the concern of the trade unions over the inadequacy of municipal day care which, in their view, forced parents to resort to the more expensive and less reliable alternative of private arrangements, thus creating inequality for parents. In its comments on this matter, the Government notes that the new Children's Home-Care Allowance Act, which entered into force in 1985, ensured the parents of children under 3 years, a choice of either municipal day care or a home-care allowance. In addition to enabling a child to be cared for at home by a parent, the allowance may also be used to cover the cost of private child care. The Government states that all children under 3 years were extended the actual right to municipal day care in 1990, either in day-care centres or in the homes of carers employed by the municipal authorities. According to information provided by the Government, virtually all local authorities had managed to arrange the care of children under 3 years by 1990. By that time, 95 per cent of the demand for the full-time care of all children below the school age and 98 per cent of that for part-time care had been met. Moreover, the number of families receiving the home-care allowance had increased to 58,000 in 1990, as compared with 15,800 in 1985.

The Government indicates, in its report, that legislation passed in 1991 was to have further extended the right to day care by granting it to all children under 4 years by 1993 and to all children under school age by 1995. The Government also intended to extend the home-care allowance scheme accordingly so that by August 1995, all children below the school age of 7 years would have been covered by a social day-care or allowance system. However, in 1992, the Government postponed the entry into force of this legislation as the economic situation had worsened considerably. The legislative right to day-care and the extension of the home-care allowance to children under 4 years will now take effect in August 1995.

2. The present report also contains a comment made by the Central Organization of Finnish Trade Unions and the Confederation of Unions for Academic Professionals in Finland stating that the economic recession has had an adverse effect on the distribution of family support between men and women. The Government has also referred to the effect of the deep economic recession on the development of social security policy and benefits to families with children. This has resulted in a reduction of the level of the maternity and parental allowance, from 70 per cent to 66 per cent, and a shortening of the period for the payment of the maternity or parental allowance from 275 to 263 days. On the other hand, the Government has indicated that the 6-12 month paternity leave entitlement will no longer shorten the length of the parental leave. In addition, 1990 amendments to the Employment Contracts Act of 1970 have extended an employee's right to part-time leave for the care of a child at home until the end of the year in which the child starts school.

3. The Committee appreciates the full and candid comments of the Government concerning the measures being taken to maintain the promotion of the Convention in difficult economic circumstances. The Committee hopes that the Government will be able to continue its attempts to foster the aims of the Convention and that its future reports will reflect these efforts.

4. The Committee is addressing a direct request to the Government on other points.

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.

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

The Committee has noted the information supplied by the Government in response to the Committee's previous comments.

1. The Committee recalls that, over the last several years, various workers' organisations have expressed concern over the lack of significant progress in reducing the wage differential between female and male workers. According to the Government's report, the Central Organisation of Finnish Trade Unions and the Confederation of Salaried Employees have stated that pay differences between women and men have still not been reduced. The Committee notes from the statistics available from the Office of the Council of State, provided by the Government, that there has been a continuous, though not dramatic diminution of the pay differential for all but one group of wage earners, over the last ten years. The Government has also indicated that in the public sector, where the total average earnings of women are some 77 per cent of those of men, the difference is mainly due to the fact that men and women hold different posts.

2. The Committee takes note of the information contained in the Government's report on a number of measures being taken to reduce wage differentials between the sexes:

(i) The labour market parties have been undertaking an investigation of the effect of the equality allowance, which was introduced in 1988 specifically to reduce pay imbalances between women and men. The Committee recalls that the size of the allowance is determined on the basis of the predominance of female employees in each sector. The Committee would be grateful if the Government would provide in its next report, information on the outcome of this study.

(ii) Following the decision of the comprehensive economic and incomes policy settlement to develop a job evaluation system, a working group was established to examine evaluation systems, taking into account, in particular, female-dominated sectors, and to develop recommendations which consider the possibility of comparing difficulty ratings between sectors. The Committee notes this initiative with interest and requests the Government to provide information on the findings of the working group and to indicate any measures taken to implement its recommendations.

(iii) Apart from responding to requests for advice on alleged pay discrimination, the Equality Ombudsman has also carried out on-site inspections of workplaces (under section 18 of the Equality Act) which involve interviews with employees and employers and the investigation of working conditions and the requirements of jobs. The Committee requests the Government to continue to furnish information on the activities of the Ombudsman in its future reports.

3. The Committee notes the information provided by the Government regarding the re-evaluation of state pay systems, which is being undertaken with a view to developing systems which provide for incentives to encourage productive, economical and profitable operations. The Committee requests the Government to provide information on any methods eventually put into place, which are relevant to the application of the Convention.

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

The Committee refers to its observation. It notes the information supplied by the Government in its report. It also notes the statements, forwarded with the report, by the Confederation of Salaried Employees in Finland (TVK), the Central Organisation of Finnish Trade Unions (SAK), the Confederation of Unions for Academic Professions in Finland (AKAVA), the Finnish Employers' Federation (STK) and the Employers' Confederation of Service Industries (LTK).

1. In its previous observation, the Committee asked the Government to provide full information on the practical application of the Civil Servants Act (No. 755 of 1986) and the Act (No. 609 of 1986) on Equality between Women and Men. The Committee notes from the Government's report that since the Act on Equality between Women and Men has been in force, the equality authorities have received 679 written communications as at the end of June 1989; that the vast majority of these communications concerned suspected discrimination in hiring; and that each year there have been a few dozen communications regarding pay discrimination which came almost without exception from women. The Committee hopes that the Government will include in its next report information on communications regarding pay discrimination, on the actions and decisions taken by the equality authorities, and of the practical results attained.

2. The Committee notes the statistical data supplied by the Government on wages received by men and women workers in the public sector, and which tend to show that the remaining differences in average remuneration levels for men and women relate to different levels of duties. It also notes the statements made by the TVK according to which discrepancies in pay for male and female employees have not diminished since 1987, and that a member survey conducted by the Confederation in 1988 indicated that the pay of female TVK members amounted to 77 per cent of that of male TVK members. It also notes that the earlier trend towards greater equality in wages for men and women has come to a halt during the latter half of the 1980s; and that the AKAVA has conducted a member survey which indicates that, relative to men's salaries, earnings of female employees amount to only 82 per cent in the state administration, 83 per cent in the municipal sector, and 68 per cent in the private sector, and that discrepancies in pay are mainly due to specialisation into different types of work done by men and women. The AKAVA is of the opinion that the promotion of wage equality is dependent upon the realisation of more egalitarian attitudes towards different types of work.

In this connection, the Committee notes with interest from the Government's report that total reform of the state pay scheme is being planned in the committee on the state civil service employment relations and in the advisory committee on state employment relations, and that a proposal for reviewing the classification of job requirements used in the state pay scheme was being circulated in 1989 for comment from state offices and agencies.

The Committee refers to paragraphs 22 and 72 of its 1986 General Survey on Equal Remuneration, where it points out that, in spite of the difficulties associated with a broader comparison of jobs, the fact that women workers are more heavily concentrated in certain jobs and certain sectors of activity has to be taken into account so as to avoid or redress a biased evaluation of qualities traditionally considered as "peculiar to women". It requests the Government to supply in its next report full information on the proposed reform of the state pay scheme, the methods used for the objective evaluation of jobs on the basis of work to be performed, and on the results of that reform on the application of the principle of equal remuneration for men and women for work of equal value.

3. The Committee also requests the Government to supply full information on the methods of co-operation with the social partners for the purpose of giving effect to the provisions of the Convention, in particular with regard to the objective evaluation of jobs on the basis of work to be performed, and to provide information on the progress achieved in the private sector in the application of the principle of equal remuneration for men and women for work of equal value. In this respect, the Committee requests the Government to indicate in its next report whether the entry into force of the Act on Equality between Women and Men has resulted in a noticeable desegregation of the labour market on the basis of sex.

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)

1. The Committee notes the information contained in the Government's report, which shows a slow but steady diminution of the wage differences between men and women workers, in the public sector in particular. It also notes the comments received from several workers' organisations to the effect that little or no progress has actually been achieved; and from two employers' organisations which indicate that the private sector has encountered no great difficulty in applying Act No. 609 of 1986 on Equality between Women and Men. The Committee has pursued these questions in a request addressed directly to the Government.

2. The Committee notes with interest that, in addition to a general pay rise in the public sector, the comprehensive agreement on economic and labour market policy signed on 23 August 1988 included for the first time a special "equality allowance" intended to reduce the imbalances in pay between men and women. The size of the equality allowance is determined on the basis of the predominance of female employees in each employment sector, with the decision on how it should be distributed left to each sector. The Committee notes the statement by the Central Organisation of Finnish Trade Unions (SAK) that the equality allowance is so limited in amount as to have had no significant effect on the wages imbalance between the sexes. The Committee requests the Government to indicate in its next report whether this scheme has been continued or expanded, and on the results achieved.

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.

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

Further to its previous direct requests, the Committee notes with satisfaction that since the spring 1988 collective bargaining, wage agreements in the private sector no longer restrict to the mother the right to be absent from work to take care of a suddenly ill child under 10 years and now grant an equal right to paid absence to both parents, thus ensuring equality of treatment between men and women workers with family responsibilities, in accordance with Articles 1 and 4 of the Convention.

Article 4 of the Convention. The Committee has also noted with interest that the Contracts of Employment Act, as amended as from 1 August 1988, provides for temporary care leave in case of sickness of a child under ten, and for partial care leave in the form of shorter working hours for parents of children under four. Under Act No. 4/89 amending the Act on Child Home-Care Subsidy, the parent or guardian of a child under three whose working week is not more than 30 hours because of caring for a child has the right to partial home-care subsidy.

Article 5. The Committee has noted with interest that the main goal of the present legislation is to substantially increase the support provided by society to parents of children under three and to give parents an option in arranging for the care of small children and that in 1990 parents or guardians of children under three will by law have the right to choose either home-care subsidy or a municipally provided day-care place for the child at the end of paid parental leave. In this regard, the Central Organisation of Finnish Trade Unions (SAK), the Confederation of Salaried Employees (TVK) and the Confederation of Unions for Academic Professions in Finland (AKAVA) have stated that despite the legislation, there are not enough municipal day-care places, which puts parents in a position of inequality, as providing private day care requires greater financial sacrifices and is a less reliable alternative. They also point out that parents working evening and night shifts almost always have to arrange their child care themselves. The Committee hopes that the next report will indicate the developments in this regard.