Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Finland (Ratification: 1970)

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.