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

Labour Clauses (Public Contracts) Convention, 1949 (No. 94) - Finland (Ratification: 1951)

The Committee notes the information provided by the Government in its report, particularly that the Parliament was deliberating on a draft Act on public acquisitions, and procurement by public authorities and other units operating in the sectors of water and energy supply services, traffic and postal services (Government proposal 50/2006 of April 2006). The draft legislation, which seeks to implement EU Directives 2004/17/EC and 2004/18/EC on public contracting, includes also a provision (section 49) that any employment contracts arising from a public contract must comply with at least the minimum terms of employment contracts prescribed by national laws and regulations for work of the same nature. Recalling that the Convention aims at ensuring for workers engaged in the execution of public contracts wage and working conditions which are not less favourable than whichever is the most favourable of the three alternatives provided for in the Convention, i.e. collective negotiation, arbitration or legislation, the Committee asks the Government to clarify whether the draft Act on public procurement gives effect to the requirements of Article 2, paragraph 1, of the Convention according to which wage and other working conditions must not be less favourable than the most favourable of the three alternatives.

The Committee would be interested in receiving an advance copy of the draft text, and reminds the Government that it may avail itself, if it so wishes, of the advisory services of the Office in finalizing the proposed Act. It also asks the Government to keep it informed of any progress made in this regard.

As regards the opposing views, expressed by the Central Organization of Finnish Trade Unions (SAK) and the Commission for Local Authority Employers (KT) as to whether municipalities may be considered central authorities within the meaning of Article 1, paragraph 1, of the Convention, the Committee recalls that, according to the letter and spirit of the Convention, it is left to the discretion of ratifying States to determine how and to what extent the Convention is to be applicable to contracts awarded by provincial, municipal or other local authorities.

Part V of the report form. The Committee would be grateful if the Government would supply up to date information on the practical application of the Convention, including, for instance, the number of public contracts awarded, copies of public contracts containing labour clauses, relevant extracts from the reports of labour inspection services showing the number and nature of reported violations, etc.