Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Equal Remuneration Convention, 1951 (No. 100) - Finland (Ratification: 1963)

The Committee notes the observations by the Central Organisation of Finnish Trade Unions (SAK), the Confederation of Unions for Professionals and Managerial Staff in Finland (AKAVA), the Finnish Confederation of Professionals (STTK), and the Confederation of Finnish Industries (EK) attached to the Government’s reports.

Gender pay gap. The Committee notes from the Government’s report that the difference in pay between men and women was 17.9 per cent in 2011, and that according to the Government the gender pay gap has decreased, even if it has not reached the tripartite equal pay programme’s target of narrowing the gender pay gap to 15 per cent by the year 2015. Payment by results (bonuses) has had an influence on the gender pay gap especially during the recent recession, and the Parliament’s Employment and Equality Committee is of the view that the Equality Act (Act on Equality between Men and Women (609/1986)) should state more clearly that the definition of remuneration includes various additional forms of payment. SAK, STTK and AKAVA indicate that only 11 per cent of female AKAVA members received a performance bonus in 2010, while 27 per cent of male members received such a bonus. The Committee also notes the Government’s indication that labour market segregation remains the main reason for the gender pay gap, and in this context the Committee notes the information provided in the Government’s report under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). In this connection, the Committee notes the observation of the STTK that the objective under the equal pay programme to increase the number of people employed in “gender-equal job positions” (where the share of women and men is between 40–59 per cent) to one fifth in 2012, is unlikely to be achieved. The Committee asks the Government to refer to the comments made under Convention No. 111 on the issue of occupational gender segregation. It also asks the Government to indicate any measures taken in the context of the economic recession to implement the equal pay programme, and the impact of such measures at national, sectoral and workplace level. Please provide information on any other measures aimed at decreasing the gender pay gap, as well as the fullest possible statistical data on differences in men’s and women’s earnings with a view to assessing progress made. Please also provide information regarding any steps taken to amend the Equality Act to clarify that “remuneration” includes various forms of additional payments.

Equality plans and equal pay surveys. The Committee recalls its previous comments concerning the implementation gaps of equality pay surveys under the Equality Act. It notes the Government’s indication that according to a governmental survey in 2008–09, compliance with the obligation to draft equality plans in the workplace remains insufficient, and the quality of plans and pay survey requires improvement. In this connection, a series of articles drafted by the Ministry of Social Affairs and Health on equality planning in the workplace were effectively distributed through organizational publications and professional journals; in 2010, the Ministry and employers’ and workers’ organizations jointly produced an extensive set of training materials on equality planning for the workplace. The Committee notes that SAK, STTK and AKAVA consider that the employer’s obligation to analyse pay surveys should be included in the legislation. In this connection, the Government indicates that a tripartite working group appointed by the Government to examine the functionality and development needs of pay surveys completed its work in June 2012, and proposed updating the training on equality plans and pay surveys. It also notes the Government’s indication that Parliament placed an emphasis on securing employee representatives’ right to access to information in connection with pay reviews. It further notes the summary provided by the Government of the report on the functionality of the Equality Act, which includes the description of the obligations related to equality plans, as well as issues concerning the implementation of the Act and access to pay data. The Committee asks the Government to provide specific information on the content of the training on equality planning for the workplace, as well as the results achieved. It also asks the Government to indicate how the participation of employees and their organizations is ensured in the development of equality plans and implementation of pay survey. The Committee also asks the Government to provide further information on the actual impact of the pay survey on reducing gender pay differentials in the private and public sectors, including relevant statistical data, and information on the number of equal pay surveys that have resulted in specific follow-up action, including corrective action where pay discrimination was found.

Indirect discrimination with respect to remuneration. The Committee recalls the concerns expressed by AKAVA that young educated women are employed more often than men on a fixed-term basis particularly in the public sector, and that career progress for highly educated women employed on a fixed-term basis is as much as ten years behind that of men with corresponding levels of education. The Committee notes from the statistical information on the central Government fixed-term employment provided by the Government that, while the proportion of women is 52.6 per cent, the difference in pay between men and women was 8.7 per cent in 2009, which is one percentage point decrease from the previous year. The Committee asks the Government to indicate how the issue of female concentration in fixed-term employment is addressed in the context of indirect discrimination with respect to remuneration, and to identify any gaps in the legislation on equal remuneration in this respect. It also asks the Government to continue to provide statistical data, disaggregated by sex and age, on the employment of men and women on fixed-term contracts in the public sector, and their corresponding levels of remuneration.

The Committee is raising other points in a request addressed directly to the Government.