Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Weekly Rest (Industry) Convention, 1921 (No. 14) - Finland (Ratification: 1923)

Articles 4 and 5 of the Convention. Total or partial exceptions – Compensatory rest. Further to its previous comments, the Committee notes the Government’s explanations that by allowing labour market organizations to deviate from the provisions in the law, including the provisions of the Working Hours Act on weekly rest periods, the aim is to give a chance to the social partners to develop flexible and more versatile working time arrangements without, however, lowering the level of protection for workers. The Government adds that labour market organizations representing employers and workers have equal bargaining power which secures the overall level of protection of workers. The Committee accordingly requests the Government to provide sample copies of collective agreements which permit exceptions to the basic rule of 35 hours of uninterrupted free time each week set out in section 31 of the Working Hours Act, but guarantee in all cases a minimum weekly rest period of 24 consecutive hours, as required under the Convention.

In addition, the Committee notes that under section 32(2) of the Working Hours Act, compensatory time off for any diminutions of the weekly rest period must be granted within three months, unless the employee agrees to being compensated by remuneration in cash. The Committee wishes to draw the Government’s attention, in this respect, to Paragraph 3(a) of the Weekly Rest (Commerce and Offices) Recommendation, 1957 (No. 103), which advises that persons to whom special weekly rest schemes apply should not work for more than three weeks without receiving the rest periods to which they are entitled. The Committee requests the Government to consider suitable steps with a view to ensuring that compensatory rest is granted, as far as possible, when derogations from the ordinary weekly rest scheme are authorized, and that such compensatory rest is given within a reasonably short period of time after performing the work in question.