Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Finland

Labour Inspection Convention, 1947 (No. 81) (Ratification: 1950)
Labour Inspection (Agriculture) Convention, 1969 (No. 129) (Ratification: 1974)

In order to provide a comprehensive view of the issues relating to the application of the ratified governance Conventions on labour inspection, the Committee considers it appropriate to examine Convention No. 81 and Convention No. 129 in a single comment.

Article 3(1) and (2) of Convention No. 81 and Article 6(1) and (3) of Convention No. 129. Cooperation with the police in the control of immigration law. The Committee previously noted the Government’s indication that inspections of migrant workers were mainly concerned with checking work permits and ensuring that employers complied with their obligations concerning minimum working conditions. It also noted the Government’s indication that labour inspectors report the unauthorized employment of migrant workers to the police, and that inspections targeted at undeclared work were also conducted jointly with the police.

In this regard, the Committee notes that the Government indicates that in 2013–14, the labour inspectorate monitored migrant workers’ authorization to work and observance of their minimum terms of employment in selected industries. In 2013, 3,400 labour inspections (of a total number of 22,340 labour inspections in that year) related to migrant workers, and in 2014, 2,505 labour inspections (of a total number of 24,145 labour inspections in that year) related to migrant workers. Some of the inspections were joint inspections together with other authorities, including the police, tax authorities, and border guards. The Government adds that an inspection project was carried out in the restaurant and construction industry, with the cooperation of the police and border guards. The Committee would like to stress, once again, that the involvement of inspection staff in joint operations with the police is not conducive to the relationship of trust that it is essential to enlisting the cooperation of employers and workers. Workers in a vulnerable situation may not be willing to cooperate with the labour inspection services if they fear negative consequences as a result of inspection activities, such as being fined, losing their job or being expelled from the country. The Committee therefore considers that the participation of the labour inspection staff into these joint operations is incompatible with Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129. The Committee further notes that, from 2010 to 2013, the labour inspectorate reported 178 cases concerning the unauthorized use of foreign labour to the police. It further notes the Government’s indication that while the labour inspectorate monitors compliance with the statutory obligations of employers with regard to the minimum rights of migrant workers (for example, concerning the payment of wages), it is not responsible for the collection of outstanding wages or social security benefits.

The Committee therefore urges that the Government take the necessary measures to ensure that the labour inspection staff are no longer involved in joint operations with the police and to provide information on the steps taken to separate the functions of the police from the activities of the labour inspectorate.

Noting the Government’s indication that the labour inspectorate is not responsible for assisting workers in obtaining their due rights relating to outstanding wages and social security benefits, the Committee requests that the Government provide information on the procedure for enforcing employers’ obligations arising from the statutory rights of undocumented migrant workers for the period of their effective employment relationship, including in cases where the unauthorized employment of migrant workers is reported to the police and where such workers are expelled from the country. The Committee also requests that the Government provide information on the number of cases in which migrant nationals in an irregular situation have been granted their entitlements resulting from their past employment relationship (wages, compensation for overtime, social security benefits, etc.).