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

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

The Committee notes the Government’s report and the comments of the Confederation of Finnish Industries (EK), the Central Organization of Finnish Trade Unions (SAK), the Finnish Confederation of Salaried Employees (STTK) and the Confederation of Unions for Academic Professionals in Finland (AKAVA), included therein.

1. Legislative developments. The Committee notes the adoption of the Act on equality between women and men (232/2005) which amends and replaces previous gender equality legislation. The Committee notes that the Act, inter alia, introduces definitions of direct and indirect discrimination based on sex, and defines and prohibits sexual harassment. The Committee notes the Government’s indication that the provisions concerning equality plans have been made more specific and that fines can now be imposed on employers for not establishing such a plan. The Committee notes further that both the Ombudsperson for Equality and the Equality Committee are entitled to obtain from other authorities any information necessary for their supervisory work. Noting these developments with interest, the Committee asks the Government to provide with its next report information on the implementation and enforcement of the new Equality Act, including the progress made with regard to the adoption and implementation of equality plans.

2. The Committee notes the judgement of the European Court of Justice of 24 February 2005 in case C-327/04, declaring that by failing to adopt, regarding the province of Åland, the laws, regulations and administrative provisions necessary to comply with Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin, Finland had failed to fulfil its obligations under the Directive. The Committee requests the Government to provide information with its next report on the measures taken to implement the principle of equal treatment between persons irrespective of racial or ethnic origin in the said province.

3. Measures to promote gender equality. The Committee notes the adoption of the Government’s Action Plan for Gender Equality 2004-07 which includes specific objectives for improving gender equality and eliminating gender discrimination in employment and occupation. The Action Plan envisages, inter alia, measures to support the reconciliation of working and family life. Family leave legislation is to be developed and a more equal division of such leave between both parents will be encouraged. Moreover, the Committee notes that a report will be prepared on the topic “men and equality”, which will examine the role of men in the context of equality policies. The Action Plan also addresses the problems faced by immigrant women. Legislation and practices concerning their integration will be developed, providing immigrant women with the opportunity to participate in training and services. The Committee notes with interest the Government’s commitment to allocate additional resources to equality issues and that different ministries will be intensifying their cooperation regarding gender mainstreaming, with an equality liaison officer to be appointed in each ministry. Noting that the final implementation report of the Action Plan will be published in spring 2007, the Committee looks forward to receiving information on the measures taken under the Action Plan and the results achieved.

4. The Committee further notes from the comments provided by SAK, STTK and AKAVA, that the evaluation of gender impact was discussed during the 2003‑04 collective bargaining round, and it was decided that progress in this regard would be monitored by the “round table of equality” forum of the social partners. Moreover, in the most recent collective negotiations, it was agreed that the parties would examine working time models used at the workplace aiming to improve the possibilities of caring for children, which would promote the employees’ possibilities of influencing the timing and management of their own working hours. The Committee welcomes these initiatives and would appreciate receiving any further information on their implementation and results.

5. Measures to combat racial and ethnic discrimination. The Committee notes from the Government’s report that the Ministry of Labour has issued general recommendations on the content of the equality plans, including regarding discrimination on the basis of ethnic origin. These plans are to be adopted by central and local government authorities under the 2004 Non-Discrimination Act. It also notes the various initiatives and measures taken by the Government and social partners to promote awareness and knowledge of the Non-Discrimination Act and promoting workplace diversity. The Government is requested to continue to provide information on the measures taken to combat racial and ethnic discrimination in employment and occupation.

6. Access to employment of the Roma and the Sami. The Committee notes the information provided on the situation of Roma and Sami people in employment and occupation. It notes that after an analysis of the number, age and educational background of registered Roma jobseekers in 2003, the Ministry of Labour took various initiatives and urged employment offices and employment and economic development centres to take a number of measures. These measures include appointing equality officers and representatives to the regional advisory committees on the Roma people and collaborating with Roma representatives. There is also an initiative to appoint persons speaking the Sami language in the regional administration. The Committee further notes that the Ministry of Labour intends to prepare relevant guides and manuals to facilitate access of Roma and Sami people to labour market services, as well as to raise awareness of employers. The Committee requests the Government to continue to provide information on the measures taken with regard to promoting access to occupation and employment of the Roma and Sami people.

7. Enforcement. With regard to the activities of the occupational safety and health authorities having responsibility for the enforcement of the Non‑Discrimination Act of 2004 with respect to employment and occupation, the Committee notes the Government’s indication that individuals may lodge applications with the authorities. The authorities may issue guidelines and advice to the parties, and, where appropriate, report to the prosecutor any case concerning discrimination at work. The Committee asks the Government to indicate whether any complaints have been lodged with the occupational safety and health authorities and how they have been decided, as well as whether the authorities have reported any cases to the prosecutor’s office.

8. The Committee further notes from the Government’s report that the Ombudsperson for Minorities is mandated to deal with ethnic discrimination in areas other than employment. However, the Committee understands that the Office of the Ombudsperson is forwarding work-related applications received by it to the competent authorities. It requests the Government to indicate whether any complaints concerning discrimination at work have been received by the Ombudsperson and the manner in which the Ombudsperson has cooperated with the competent authorities to resolve them.

9. Finally, the Committee requests the Government to provide information on the number, nature and outcome of any cases involving workplace discrimination dealt with by the courts under the reformed Equality Act, the Non‑Discrimination Act or other relevant legislation.