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

Private Employment Agencies Convention, 1997 (No. 181) - Finland (Ratification: 1999)

The Committee notes with interest the first detailed report sent by the Government, which covers the period ending in May 2001. It notes that a study was conducted in the spring of 2001 on the activities of private employment agencies in 2000. The Committee would be grateful if the Government would send a summary of the conclusions or recommendations made by the study, together with all information relevant to the practical effect given to the Convention (Part V of the report form).

Articles 11 and 12 of the Convention. The Committee notes the observations of the Central Organization of Finnish Trade Unions (SAK), according to which hired-labour employees will continue to be in a weaker position than other employees because their work consists largely of fixed assignments. Further, SAK states that access to occupational health care, for instance, is sporadic. As to collective bargaining for hired-labour employees, SAK notes that there is no specific union representing this category of workers. In SAK’s view, the trade union which has negotiated the collective bargaining agreement for its sector is also the best placed to represent employees hired out to user companies by hired-labour providers. The Committee notes that, under Article 11, measures must be taken to ensure adequate protection for workers employed by private employment agencies, inter alia as to collective bargaining (b), working conditions (d), occupational safety and health (g), compensation in case of occupational accidents or diseases (h), compensation in case of insolvency (i) and maternity protection and benefits and parental protection and benefits (j). The Committee hopes that in its next report the Government will indicate whether measures have been taken to overcome the difficulties referred to by SAK and that, more generally, it will describe the manner in which effect is given to each of the abovementioned provisions. Please also indicate, in accordance with Article 12, the respective responsibilities of private employment enterprises and user enterprises in the abovementioned fields.

The Government is also asked to indicate the manner in which adequate protection is guaranteed for workers employed by private employment agencies with regard to statutory social security benefits, and the respective responsibilities of private employment agencies and user enterprises (Articles 11(e) and 12(d)).

Article 13. The Committee also notes the observations from the Employers’ Confederation of Service Industries in Finland (Palvelutyönantajat) to the effect that cooperation between public and private employment exchange services, required by the Convention, is not working as effectively as it might, and that private employment agencies consider that labour hiring by government agencies constitutes unfair competition and hinders such cooperation. The Committee refers to its observation of 2001 on the application of Convention No. 122 and requests the Government to provide additional information on the manner in which conditions to promote cooperation between the public employment service and private employment agencies are established and periodically reviewed.