Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Finland (Ratification: 1950)

The Committee notes the information provided in the Government's report, as well as the comments 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).

The Committee notes with interest the adoption on 17 July 1995 of the Constitution Act of Finland which extends the right to freedom of association, including the right to form and join an association and participate in its activities, to all persons within the jurisdiction of the country.

The Committee also notes, however, the comments made by the SAK that certain branch-level collective agreements maintain the requirement that shop stewards be Finnish citizens or, in some cases, only extends the eligibility requirement to citizens of other Nordic countries or of the European Union. In this regard, the Committee would draw the Government's attention to paragraph 118 of its 1994 General Survey on freedom of association and collective bargaining which indicates that nationality requirements which are too strict could deprive some workers of the right to elect their representatives in full freedom in accordance with Article 3 of the Convention, for example migrant workers in sectors in which they account for a significant share of the workforce. In such cases, the Committee has considered that legislation should allow foreign workers to take up trade union office, at least after a reasonable period of residence in the host country. The Government is therefore requested to indicate the manner in which it is ensured that those persons who are not Finnish citizens may take up trade union office, subject to reasonable residency requirements.