Solicitud directa (CEACR) - Adopción: 2025, Publicación: 114ª reunión CIT (2026)

Finlandia

Convenio sobre la inspección del trabajo, 1947 (núm. 81) (Ratificación : 1950)
Convenio sobre la inspección del trabajo (agricultura), 1969 (núm. 129) (Ratificación : 1974)
Protocolo de 1995 relativo al Convenio sobre la inspección del trabajo, 1947 (Ratificación : 1997)

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

The Committee notes the observations of the Central Organization of Finnish Trade Unions (SAK), the joint observations of the SAK, of the Finnish Confederation of Professionals (STTK), and of the Confederation of Unions for Professional and Managerial Staff in Finland (AKAVA) and the observations of the Federation of Finnish Enterprises (SY) on the application of Convention No. 81 and No. 129, communicated with the Government’s reports.

The Committee notes the information provided by the Government which addresses its previous requests concerning Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129 (annual report on the activities of the labour inspection services), and Article 9 of Convention No. 129 (qualification and training of labour inspectors in agriculture).

Article 3(1) and (2) of Convention No. 81 and Article 6(1) and (3) of Convention No. 129. Cooperation with the police in the control of immigration law. Following its previous comments, the Committee notes the observations from SAK, AKAVA and STTK stating that resources for occupational safety and health (OSH) enforcement are at a critical level and just sufficient to meet existing obligations. They emphasize that any additional enforcement responsibilities, should be accompanied by increased resources, and that action against labour exploitation and the grey economy must not be carried out at the expense of OSH enforcement.

The Committee notes the Government’s indication that inspectors addressing labour exploitation and the grey economy are appointed to specially funded posts, thereby ensuring that OSH enforcement is not reduced. The Government indicates that joint inspections with other authorities such as the police are primarily based on information received and prior risk analysis, are increasingly targeting labour exploitation and potential cases of human trafficking. Furthermore, the Government states that inspectors evaluate the salaries and working conditions of foreign workers regardless of their legal or irregular status, and that labour inspectors cooperate with labour exploitation non-governmental organizations focused on victim support. The Committee requests the Government to provide further information on measures taken to ensure functions assigned to labour inspectors do not interfere with the main objective of labour inspectors’ primary duties as set forth in Article 3(1) of Convention No. 81 and Article 6(1) of Convention No. 129. The Committee also requests the Government to continue to provide information on the specific measures undertaken by the inspectorate to ensure enforcement of the rights of migrant workers.

Articles 3, 4, 5(b), of Convention No. 81 and Articles 6, 7 and 13 of Convention No. 129. Impact of the reform of the administration services on the organization and effective functioning of the labour inspection services. Collaboration with social partners. Following its previous comments, the Committee notes the Government’s indication that the new phenomenon-based approach to enforcement has been widely accepted and has reduced siloing between the inspection activities of different branches. The Government indicates that this approach has also helped new areas in enforcement, such as psychosocial risks. The Government further indicates that, as of 2026, a new Finnish Supervisory Agency will be established to handle permit and enforcement matters, bringing the activities of the labour inspectorates under this agency. This reform will replace the current five autonomous regional labour inspectorates with one national labour inspection body. The Government also states that collaboration between labour inspectorates and social partners in Finland is extensive, particularly in certain sectors and that OSH enforcement plans are shaped by tripartite discussions, reflecting social partners’ input.

In this respect, the Committee notes the observations of SAK, STTK and AKAVA, which express concern that the collaboration between labour inspectorates has decreased and that the abolition of the five Regional State Administrative Agencies and their respective OSH boards – where regional social partners are represented – could lead to a loss of dialogue at the regional level and risk limiting the regional perspective within the new national agency. They have also highlighted that OSH enforcement should pay stronger attention to the realization of OSH workplace cooperation, noting shortcomings in the competence and capacities of OSH representatives and managers and call for clearer guidance on the concept of “workplace” to ensure that cooperation obligations under the law are effectively realized, especially in today’s fragmented and changing work life. The Committee requests the Government to continue to provide information on the structure and functioning of the labour inspection services following the above-mentioned administrative reform, as well as the impact of the reform on collaboration with workers and employers’ organizations.

Articles 3(1)(b), 5(a), 7, 9 and 14 of Convention No. 81 and Articles 6(1)(b), 9 11, 12 and 19 of Convention No. 129. Notification of occupational accidents and diseases. Cooperation between labour inspection services and other public or private services exercising similar functions. Training. Following its previous request, the Committee notes the Government’s indication that an electronic register for recording occupational diseases will be introduced in the near future. The Government adds that inspections related to occupational diseases are also undertaken through broader approaches, rather than investigating individual disease cases.

The Committee also notes the observations of the SAK, STTK and AKAVA that physicians only sporadically report occupational and work-related diseases to OSH authorities. They state that further attention must be paid in OSH enforcement related to the carrying out of health checks and the investigation of suspected cases of occupational disease. In this respect, these organizations emphasize the requirements under Article 7 of Convention No. 81 that the OSH authorities must possess diverse, sufficient and appropriate competences to meet the needs of the various industries. Where necessary, inspectors should receive additional training, upskilling, and opportunities to specialize in specific topics. The Committee requests the Government to continue to provide information on the implementation and functioning of the new electronic register for occupational diseases, including its expected impact on notification and follow-up by the labour inspectorate aimed at preventing or reducing the occurrence of occupational diseases. It also requests information any measures taken to ensure that inspectors possess adequate qualifications and specialized skills to effectively perform their duties in this respect.

Articles 5(a) and 18 of Convention No. 81 and Articles 12, and 24 of Convention No. 129. Cooperation between labour inspection services and public institutions engaged in similar activities. Effective enforcement. Following its previous comments, the Committee notes statistical data provided for 2022–2024 and the Government’s indication that labour inspectors hold regular meetings with the police and public prosecutors but that there are certain bottlenecks for cases originating from the inspectorate that become police investigations. The Government indicates that efforts have been made to address this through joint inspections with the police – especially in cases of suspected labour exploitation or human trafficking – which allow for earlier intervention and more efficient investigations.

The Committee takes note that the Government’s indications that under the OSH legislation, administrative sanctions imposed by the labour inspectorate are primarily intended to ensure that employers take measures to develop the necessary OSH conditions at the workplace with some exceptions. Administrative fines are used mainly used to secure employers compliance, while infringements are a matter of criminal procedure.

The Committee notes the observations of SY that it is important that enforcement be guidance-oriented, especially for small firms, where non-compliance often stems from lack of knowledge rather than intent. It also notes the observations of the SAK, AKAVA and STTK that the sanctions currently imposed on employers and the inspectors’ rights to impose these in a speedy manner are insufficient and should be made stronger. They call for faster and stronger sanctions, noting delays in prosecutions, low penalties, and the reliance on advice before action.

The Committee requests the Government to continue to provide information on the measures taken to improve cooperation arrangements with authorities in charge of prosecutions and to indicate measures taken to assess the adequacy of penalties for OSH violations over time.

Articles 10, 15(c) and 16 of Convention No. 81 and Articles 14, 20(c) and 21 of Convention No. 129. Coverage of workplaces by labour inspection. Following its previous comments, the Committee Government’s indications that the ratio between the number of labour inspectors and workplaces remains high, and that resources are also allocated for preventive measures such as seminars and information campaigns. It also notes the statistics contained in the Annual Reports of the OSH administration provided by the Government indicating that the total number of inspections undertaken in 2022 was 23,105, 24,510 in 2023 and 20,628 in 2024. The Annual Report of the OSH Administration 2024 also stated that 1,568 inspections were carried out in agriculture, forestry, and fishing.

The Committee notes that SAK, AKAVA and STTK consider that the number of inspections has decreased due to insufficient resources and emphasize the importance of workplace inspections involving interaction with employers’ and employees’ representatives, as opposed to remote digital enforcement. They are also of the view that there is insufficient enforcement of OSH inspection resources in agriculture, particularly during the growing and harvesting seasons, when foreign seasonal workers account for half of the workforce in the sector. Poor conditions for those provided with accommodation have also been reported. The Committee notes the observations of the SY, which emphasize that OSH enforcement should focus on instruction and guidance, and that this is generally achieved. It notes SY’s concern that inspections should be based on risk assessment rather than in formulas based on the size or the industry and that repeated inspections should occur only when justified. Noting the decrease in the number of inspections undertaken between 2023 and 2024, the Committee requests the Government to continue to provide information on the reasons for this decrease and on the measures taken to ensure that the number and frequency of labour inspections are sufficient to guarantee the effective discharge of inspection duties and compliance with legal provisions in all workplaces, including agricultural workplaces.

Issues specifically concerning labour inspection in agriculture

Article 6(1)(a)–(b) of Convention No. 129. Enforcement and preventive activities in the area of OSH in agriculture. Following its previous comment, the Committee notes the Government’s indications that the OSH Divisions have produced information for workplaces and employees through multiple channels, focusing particularly on the work of foreign labour and the collection of natural products with information disseminated through media releases and interviews in sectoral press, social media, direct communication and stakeholder cooperation, as well as at physical events and webinars. The Committee also notes the observations of the SAK, AKAVA and STTK that inspector resources remain insufficient in enforcement concerning agriculture and that sufficient induction into safe working methods is not realized in workplaces in a language understood by the workers. The Committee requests the Government to continue providing detailed information on labour inspection activities undertaken in relation to agriculture. The Committee also requests the Government to continue providing information on how labour inspectors supply technical information and advice to employers and workers concerning the most effective means of complying with OSH provisions, with particular attention to migrant and seasonal workers.

In addition, the Committee recalls the pending comment regarding the Labour Administration Convention, 1978 (No. 150), adopted by the Committee in 2022, for which the Government will be requested to reply in its next report.