Workers with Family Responsibilities Convention, 1981 (No. 156) - Finland (Ratification: 1983)

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the observations of the Central Organisation of Finnish Trade Unions (SAK), the Confederation of Unions for Professional and Managerial Staff in Finland (AKAVA), the Finnish Confederation of Professionals (STTK), and the Confederation of Finnish Industries (EK), integrated into the Government’s report.

Articles 1(3) and 4 of the Convention. Other members of the family. Leave entitlement. The Committee notes the Government’s indication that section 7(a) of chapter 4 of the Employment Contracts Act, which enables a person to be absent from work in order to take care of a close relative, can be used to take care of, inter alia, a sibling, cousin, domestic partner or a friend. It is based on an agreement between the employer and the worker regarding the length of absence and any other relevant arrangement. The employer must work actively, notably by assessing the various options, to allow the employee’s temporary leave and present justifications if the leave cannot be granted. Return to work before the end of the agreed period of absence must normally be agreed between the employer and the employee but, if not, the employee may discontinue the leave, for “a justifiable reason”, by informing the employer one month before the date of return to work. The Government indicates that the detailed statistics requested by the Committee are not available. The Committee requests the Government to provide information on any relevant court decisions concerning the type of justification that may have been given by employers to refuse leave under chapter 4, section 7(a), of the Employment Contracts Act, as well as information on what can be considered a “justifiable reason” for returning to work before the end of the agreed period of absence. It also requests the Government to indicate any measures taken or envisaged in order to collect statistical information on the number of men and women who have requested leave and who have been granted such leave in order to take care of persons other than dependent children.

Social Security. In reply to the Committee’s request for information on proposals made by the parental leave working group, the Government details the measures envisaged by the working group but indicates that none of these proposals were implemented. It adds, however, that the Action Plan for Gender Equality 2016–19 proposes to promote equal treatment and employment of women by equalizing the costs of family leave to employers with a one-time payment of €2,500. The Committee asks the Government to continue to provide information on any measures taken to compensate employers for costs incurred, including in the framework of the Action Plan for Gender Equality, as well as any measures taken to implement proposals made by the parental leave working group in this regard.

Flexible work arrangements. The Committee notes the Government’s indication that partial childcare leave – a system whereby, through an agreement between the employer and the worker, one can shorten daily or weekly working times – facilitates integrating family and working life. It further notes that the worker must have been employed by the same employer for a total period of at least six months during the last twelve months in order to be entitled to such leave, which can be taken until the end of the second year during which the child attends basic education (or longer in certain specific cases). Both parents, or persons having the care and custody of the child, are entitled to the partial childcare leave but not simultaneously. The Committee notes that a working group was appointed to assess how the gradual return to work of individuals receiving the child home care allowance could be promoted by combining early childhood education and care services and financial support. Based on the report of the working group, the partial childcare allowance was replaced, as from 1 January 2014, by a new flexible childcare allowance which increased the amount received by parents who work part-time and have children under the age of three. The objective was to increase the attractiveness of part-time work in relation to compensation for child home care. The Government indicates that, in practice, mothers take partial childcare leave in 80 per cent of cases after having been on parental leave and then child home care allowance and that they are the primary users of this type of leave (94 per cent) whereas remote work – another way of harmonizing work with family responsibilities, also based on an agreement between the employer and the worker – is more common for men than for women. The Committee notes the Government’s indication that the use of remote work has increased from almost zero to around a fifth of all wage earners between 1990 and 2013. It also notes the Government’s statement that the legislation and collective agreements ensure that employers can put in place various flexible working time arrangements which facilitate the integration of working and family life. The Committee asks the Government to continue to provide information on the impact of these arrangements on the possibility for workers to reconcile work and family responsibilities, including statistical information on the number of men and women using these arrangements.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the observations of the Central Organisation of Finnish Trade Unions (SAK), the Confederation of Unions for Professional and Managerial Staff in Finland (AKAVA), the Finnish Confederation of Professionals (STTK) and the Confederation of Finnish Industries (EK), integrated into the Government’s report. With regard to EK’s comments, whereby the Convention does not require equal distribution of family leave between men and women nor flexible working time solutions or work arrangements, the Committee emphasizes that the Convention aims to create effective equality of opportunity and treatment for men and women workers with family responsibilities and that the Committee examines the implementation of the provisions of the Convention both in law and in practice. In doing so, the Committee assesses to which extent the measures adopted are efficient in guaranteeing that persons with family responsibilities who are engaged or wish to engage in employment are able to exercise their right to do so without being subject to discrimination and, to the extent possible, without conflict between their employment and family responsibilities.

Legislative developments. Prohibition of discrimination on the basis of family responsibilities. The Committee recalls its latest comment under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), in which it noted the entry into force of a new Non-Discrimination Act (1325/2014) on 1 January 2015. The Committee notes with interest that, in this new Act, the scope of the prohibition of discrimination has been expanded and now includes, inter alia, the ground of “family status” (section 8(1)). The Committee requests the Government to provide information on the application of section 8(1) of the Non-Discrimination Act (1325/2014) in practice, including any judicial decision taken or any discrimination case filed with the Ombudsperson.

Articles 3 and 4(b) of the Convention. National policy and leave entitlements. The Committee notes the Government’s indication that legislative amendments concerning paternity leave, which entered into force on 21 December 2012, extended the length of such leave to nine weeks and the period during which the leave can be taken to two years after childbirth or placement in the case of adoption. The Government further indicates that, according to the National Social Insurance Institution, there was an increase of 11 per cent in the number of fathers receiving the parental allowance between 2014 and 2015 but that mothers are still the primary users of parental leave despite an increase in the use of the overall permitted parental leave by fathers which increased from 8.3 to 9.7 per cent in 2015 (it was 7.1 per cent in 2010). It adds that, as from 13 December 2013, a new flexible care allowance can be paid to parents who participate in the care of a child under 3 years of age and work no more than 30 hours per week on average. As of 18 March 2016, mothers no longer earn leave days for the whole period of parental leave but only for six months during this period. The Government explains that this is to promote a better distribution of parental leave between mothers and fathers by encouraging fathers to take part of the parental leave more frequently, allowing the mothers to go back to work earlier. In their comments, SAK, AKAVA and STTK regret, however, that the Government has decreased the income-based parental allowance and limited the accrual of annual leave during parental leave. They consider that these and other measures will, in practice, affect the status of women in the labour market as women still take 90 per cent of all the family leave allowance. The Committee notes that, in the country report the Government produced in May 2014 on the implementation of the Beijing Platform for Action (1995) and the Outcome of the twenty-third special session of the United Nations General Assembly (2000), it indicated that, since January 2014, care subsidy was paid also to parents working part time with the objective to encourage women with small children to return to work earlier and to urge both parents to share the child care. The Government indicated that one of the most difficult issues was to enhance the equal sharing of family leave between mothers and fathers. In this regard, the Committee notes that, in its final observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) regretted that the percentage of men who take parental leave remained low and that family leave available to men and single parents remained considerably low. It recommended that the Government, inter alia, “continue efforts to ensure the reconciliation of family and professional responsibilities and promote the equal sharing of domestic and family tasks between women and men, including by developing incentives to encourage more men to avail themselves of parental leave” (CEDAW/C/FIN/CO/7, 10 March 2014, paragraphs 26 and 27(d)). The Committee further notes that the Government Action Plan for Gender Equality 2016–19 sets long-term and mid-term objectives and envisages a set of measures to be taken such as: (i) a lump-sum of €2,500 for employers to compensate costs incurred due to family leave; (ii) introducing more flexibility in the starting date of the maternity allowance period; (iii) fostering family-friendly practices in the workplace; and (iv) improving the possibilities for workers to take care of their relatives. The Committee asks the Government to continue to provide information on any legislative amendments or other measures with regard to the parental leave system (including on the implementation of the Government Action Plan for Gender Equality 2016-19) as well as statistical information relating to the use of parental leave by men and women. To ensure improved application of the Convention, the Committee requests the Government to provide more detailed information on the impact of the measures taken, in particular the decrease in the income-based parental allowance and limitation the accrual of annual leave during parental leave to which SAK, AKAVA and STTK refer, and their effect on the situation of women and the frequency of leave taken by men.

Articles 7 and 8. Return to work, following family leave and protection from dismissal. In reply to the Committee’s request to provide information on the practical application and effects of the provisions concerned with the ability of workers returning from family leave to remain integrated in the labour force, the Government cites the Employment Contracts Act (55/2001), Chapter 4, section 9, according to which, at the end of a family leave, employees are entitled to return to their former duties. If this is not possible, employees shall be offered equivalent work in accordance with their employment contract; and if this is not possible either, other work in accordance with their employment contract. The Government adds that if it is not possible to offer an employee who returns from family leave any work that corresponds to the employment contract, the general provisions of the Act on terminating employment contracts and lay-offs, as well as the provisions on the related training and relocation obligations, are utilized when assessing the employer’s right to terminate or lay off the employee. It also refers to Chapter 7, section 9, of the Act which, not only, expressly prohibits termination of an employment contract on the ground of pregnancy or use of family leave but also reverses the burden of proof which is placed on the employer in case of dismissal. The Committee further notes that, in the previously mentioned country report of May 2014, the Government indicated that, according to studies, women faced discrimination at the workplace on grounds of pregnancy and family responsibilities. In this regard, the Committee recalls that, in its final observations, the CEDAW reiterated its concern regarding the illegal dismissal of women owing to pregnancy, childbirth and maternity leave and recommended that the Government “amend legislation to specifically prohibit employers from not renewing fixed-term employment contracts based on family leave and from limiting their duration on that basis” (CEDAW/C/FIN/CO/7, 10 March 2014, paragraphs 26 and 27(c)). The Committee notes the information provided by the Government concerning court decisions relevant to the principles covered in the Convention. The Committee requests the Government to provide information on any measures taken: (i) to examine the relevance of implementing awareness-raising measures to engender broader understanding by employers, workers and the general public, of the problems encountered by male and female workers with family responsibilities; and (ii) to prohibit the non-renewal or limitation of the duration of fixed-term contracts based on the mere basis of family responsibilities of the worker. It asks the Government to continue providing information on any relevant court decisions.

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

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

The Committee notes the observations by the Central Organisation of Finnish Trade Unions (SAK), the Confederation of Unions for Academic Professionals in Finland (AKAVA), and the Commission for Local Authority Employers (KT), attached to the Government’s report.

Other members of the family. The Committee notes with interest the Government’s indication that section 7a of the Employment Contract Act, which entered into force on 1 April 2011, enables a person to be absent from work in order to take care of a family member or other close relative in ascending and descending generations. It also notes that the Government’s report on gender equality 2011 refers to the importance of extending family leave entitlements for taking care of family members other than dependent children. The Committee asks the Government to provide information on the practical application of section 7a of the Employment Contract Act, including statistical information on the number of men and women who have requested leave and who have been granted such leave in order to take care of members of the family other than dependent children.

Social Security. The Committee notes the Government’s indication that, since March 2011, the minimum amount of parental allowance was raised from €22.04 to €22.13 per day, and child home care allowance increased from €314.28 to €315.54 per month; while employers are entitled to the daily allowances for the period they pay salary, in 2009 for mothers the daily allowance was paid to the employer in 11.5 per cent of days and for fathers in 9.3 per cent of days; and a system was created in 2007 whereby employers are compensated for costs incurred due to parental leave funded by a social insurance scheme, in 2010 €61.6 million was paid as compensation for annual leave earned during family leave. In this connection, the Committee notes the observations by the KT that the compensation system for costs incurred by employers due to parenthood should be improved. In its reply, the Government refers to the possibility of reform proposed by the parental leave working group with a view to increasing society’s share of funding, and distributing the costs more evenly between employers of male- and female-dominated industries. The Committee asks the Government to continue to provide information on the measures taken to compensate employers for costs incurred, as well as any proposals made during the parental leave working group in this regard.

Flexible work arrangements. The Committee notes the Government’s indication that there are a number of flexible working hour arrangements, including part-time work, flexitime, telecommuting, part-time pensions, the working hour bank system and the distribution of work. The Committee asks the Government to provide information on the impact of these arrangements on the possibility for workers to reconcile work and family responsibilities, including the statistical information on the number of men and women using these arrangements.

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

The Committee notes the observations of the Central Organisation of Finnish Trade Unions (SAK), the Confederation of Unions for Professionals and Managerial Staff in Finland (AKAVA), and the Commission for Local Authority Employers (KT), attached to the Government’s report.

Articles 3 and 4(b) of the Convention. National policy and leave entitlements. The Committee recalls that promoting men’s engagement in parenting and caring for children is an integral aspect of the Finnish gender equality policy. It notes the Government’s first report on gender equality 2011, which outlines the Government’s views on the future gender equality policy until the year 2020. The Committee also notes that one of the long-standing gender equality policy goals set out in the report, is a more equal distribution of family leave between parents, and that measures to achieve the goal of reconciliation of work and family life include the following: (i) extension of the right to leave for taking care of family members other than dependent children; (ii) increasing the use of family leave by fathers; (iii) improving compensation for costs incurred by employers due to parenthood; and (iv) addressing the needs of diverse types of families. The Committee further notes the Government’s indication that the Ministry of Social Affairs and Health carried out a family leave campaign in 2007 and 2008, and that in 2009, 73 per cent of the fathers used their paternity leave, 18 days at the most, and that the take-up of the extended paternity leave increased 13.5 per cent in 2010 from the previous year; however, fathers used only 7.1 per cent of all permitted parental allowance days in 2010. The Government further indicates that in order to encourage fathers to increase their use of parental leave, in March 2011, a parental leave work group appointed by the Ministry of Social Affairs and Health, submitted to the Government a memorandum on possible legislative amendments concerning the parental leave system. The Committee asks the Government to provide information on the progress of any legislative amendments with regard to the parental leave system. It also asks the Government to clarify whether the family leave campaign is continuing, and to provide information on the impact of such activities, including statistical information on the extent to which men take family leave. Please also provide information on other measures taken to promote an equitable sharing of family responsibilities between men and women, as well as a copy of the interim report on gender equality, due in 2016.

Articles 7 and 8. Return to work following family leave and protection from dismissal. The Committee recalls that section 9 of Chapter 7 of the Employment Contract Act appears to be primarily concerned with dismissal during a family leave period, rather than dismissals upon return. It also notes that SAK and AKAVA reiterate their previous concerns regarding the risk that employers may rearrange work and hire new employees so that there is no longer work available for the person returning from family leave, thus making his or her dismissal possible. In its reply, the Government refers to the “presumption provision” in the Employment Contract Act, which shifts the burden of proof for a reason of termination on to the employer, and the Government indicates that no cases have been presented to the Supreme Court or the Supreme Administrative Court during the reporting period. In this context, the Committee notes that the United Nations Committee on the Elimination of all forms of Discrimination against Women, in its concluding observations urged the Government to prevent the practice of illegal dismissal of women in cases of pregnancy and childbirth (CEDAW/C/FIN/CO/6, 15 July 2008, paragraphs 183 and 184). The Committee asks the Government to provide information on the practical application and effects of the provisions concerned with the ability of workers returning from family leave to remain integrated in the labour force. In this regard, the Committee again asks the Government to continue to provide information on any relevant court decisions.

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

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Article 4 of the Convention. Terms and conditions of employment. The Committee welcomes that the Government has continued to improve and adapt the family leave entitlements available under the legislation. It notes the extension of the paternity leave period by 12 days, under certain conditions; allowing both parents to take partial parental leave simultaneously, both working part-time; the improved childcare leave entitlements for adoptive parents and parents of disabled children or children with a long-term illness; and the extension of the right to temporary childcare leave to parents who do not live in the same household with the child. The Committee requests the Government to continue to provide information on further developments regarding its efforts to address the rights and needs of workers with family responsibilities in their terms and conditions of employment, including the results of any studies or reports undertaken to assess the operation of the existing entitlements. In this context, please also report on the measures taken to address the needs of workers with responsibilities in respect of members of the family other than dependant children, as envisaged in Article 1(2).

2. Social security. The Committee notes that since 1 October 2001, paternity allowance can be paid flexibly according to the family’s need during maternity or parental leave. Measures in effect from 1 January 2007 increase family allowances and create a system whereby employers are compensated for costs incurred due to parental leave funded by a social insurance scheme funded on broad joint responsibility, regardless of whether the employer covers a male or female dominated profession. The Committee requests the Government to continue to provide information on the level of allowances for employees taking family leave and the measures taken to compensate employers for costs incurred in this context, including information on any studies or reports that have been undertaken to assess the functioning of these arrangements.

3. Flexible work arrangements. In its previous comments, the Committee noted efforts to promote the development of new working time arrangements and organization models for reconciling work and family, including telework. The Committee requests the Government to provide information concerning measures taken to promote flexible arrangements regarding working time and organization for reconciling work and family responsibilities.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Article 3 of the Convention. National policy. Recalling that a major objective of the Convention is the achievement of effective equality of opportunity and treatment for men and women and that the Workers with Family Responsibilities Recommendation, 1981 (No. 165), encourages the sharing of family responsibilities between men and women, the Committee notes that promoting men’s engagement in parenting and caring for children is an integral aspect of the Finnish gender equality policy. However, the Committee notes that according to 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), younger women are disadvantaged in the labour market because they take family leave more often than men.

2. The Government, in cooperation with social partners, carried out a paternity leave campaign in 2002–03 to disseminate information about the extended paternity leave available since 2003 and to encourage the use of family leave by men. According to information released by the Ministry of Social Affairs and Health, by the end of 2006, fathers in Finland made use of fewer than four per cent of parental leave days, and according to a 2005 study published by the Social Insurance Institute, paternity leave tended to be taken by men with higher incomes. The Committee notes that legislative amendments made during the reporting period introduced incentives for men to take family leave, inter alia, by linking extended paternity leave to the taking of a minimum period of parental leave and increasing the allowance paid during family leave periods. The Committee also notes that additional legislative measures are being discussed with a view to giving more support for the involvement of men in family matters (Men and Gender Equality Policy in Finland, Ministry of Social Affairs and Health, 2007:2). The Committee requests the Government to continue to provide information on the measures taken to promote a sharing of family responsibilities between men and women, and to provide statistical information on the extent to which men take family leave.

3. Articles 7 and 8. Return to work following family leave and protection from dismissal. The Committee notes that SAK, STTK and AKAVA indicate that despite the fact that employees taking childcare leave, in principle, enjoy increased protection from termination, the employer can rearrange the work and hire new employees so that there is no longer work available for the person returning from family leave, thus making his or her dismissal possible. The Commission for Local Authority Employers (KT) stated that rapid changes in working life may render dismissal inevitable, for instance in cases where a reorganization of work takes place during extended periods of family leave and the previous job or similar work cannot be offered in accordance with the employment contract.

4. The Committee notes that section 9 of Chapter 4 of the Employment Contract Act provides that at the end of a period of family leave, employees are in the first place entitled to return to their former duties. If this is not possible, employees shall be offered equivalent work in accordance with the employment contract, and if this is not possible either, other work shall be offered in accordance with their employment contract. Section 9 of Chapter 7 provides that the employer shall not terminate an employment contract on the basis of the employee’s pregnancy or because the employee is exercising his or her right to family leave. However, it appears that this provision is primarily concerned with dismissal during a family leave period, rather than dismissals upon return. The Committee requests the Government to clarify whether and how the legislation protects employees returning from family leave from termination in situations such as described by SAK, STTK and AKAVA and to provide information on any assessments made of the practical application and effects of the provisions concerned on the ability of workers returning from family leave to remain integrated in the labour force. In this regard, the Committee requests the Government to provide information on any relevant court decisions.

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

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

1.  The Committee notes with interest the numerous projects initiated by the Government on the theme of return to and participation in the labour market on the family’s terms, including projects: (1) to devise new models for reconciling work and family life; (2) to forecast the consequences of structural changes in working life for opportunities for men and women to participate equally in work and family life; (3) to devise working time and service provision models in order to ensure that mothers of disabled children have the opportunity to work; (4) to develop new working time arrangements and organization models for reconciling work and family; and (5) to develop models for telework. The Committee would be grateful if the Government would continue to provide information, including copies of project studies and reports, regarding projects and initiatives undertaken to help men and women workers reconcile their work and family responsibilities.

2.  The Committee notes with interest the different types of family leave contemplated by the Employment Contracts Act, including maternity, special maternity, paternity and parental leave, care leave, partial and temporary care leave and the right to be off work for compelling family reasons. It notes that the right to paid maternity leave has been expanded by collective agreement in various sectors, including certain female-dominated sectors such as the textile and clothing industry. The Committee asks the Government to continue to provide information on related developments, including information on any collective agreements expanding the right to paternity and parental leaves. The Committee notes the flexibility of the childcare leave provisions, which entitle parents and guardians living in the same household as the child to take care-leave and permit parents to take leave to care for their own children, adopted children and any other children living in the same household.  In addition, the child’s parents can divide family leaves between them as they see fit, a factor which gives working parents greater flexibility in organizing their work and family life. The Committee also notes with interest that, as of 1 June 1998, the Act includes a provision permitting employees to be away from work when necessary due to some unforeseen reason caused by sickness or accident. This provision permits employees to stay home to care for a family member (which includes a person living in the household in family-like circumstances) as well as for a close relation (a person from an ascending or descending generation).

3.  The Committee notes from the Government’s report that a committee established by the Ministry of Social Affairs and Health issued a report on fatherhood and the changing role of fathers in spring 1999. The Committee would be grateful if the Government would provide a copy of the report as well as information on any measures taken or envisaged to implement the proposals contained in the report, including the extension of the period of parental allowance payment available exclusively to the father under national legislation.

4.  Further to its previous comments, the Committee notes that 51 per cent of those entering labour market training in 1998 were women. The data supplied by the Government indicates that most persons completing labour market training in 1998 took part in vocational, continuing and supplementary training. In addition, a large proportion of the training (almost 20 per cent) consisted of advisory training, which is intended to improve skills in job application, career choice and planning and life organization and planning skills more generally. The Government indicates that approximately 10 per cent of vocational guidance clients are mothers aged 28 to 32 years that are attempting to enter the labour market once their children reach school age, but who lack vocational training. Six per cent of vocational guidance clients are women aged 35 to 37 years with higher education. The Committee requests the Government to continue to provide information on any measures taken or contemplated to promote the participation of mothers in such training courses and to improve their ability to enter and remain in the labour market. The Committee notes from the report that employment offices have discretion to grant persons moving voluntarily from full-time to part-time employment a part-time supplement to compensate them for their loss of earnings, if the employer hires an unemployed jobseeker at the same time. The Government indicates that the part-time supplement system is a work-sharing model which was initiated on an experimental basis in 1994. The Committee asks the Government to provide information in its next report on the number of workers availing themselves of the part-time supplement system after returning to work following an absence due to maternity or parental leave or to family responsibilities.

5.  The Committee would be grateful if the Government would continue to provide information, in accordance with Article 10, paragraph 2 of the Convention, indicating the extent to which the provisions of the Convention have been implemented.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

1.  The Committee notes the information contained in the Government’s report and the comments of the Central Organization of Finnish Trade Unions (SAK) and the Confederation of Unions for Academic Professionals in Finland (AKAVA). Referring to its previous observation, the Committee recalls that, due to difficult economic circumstances, the Government had postponed the enactment of an amendment to the Children’s Daycare Act of 1991 designed to extend the right to municipal day care from children under 3 years to all children under school age (7 years). The Committee notes from the report that, since 1993, the economic situation in Finland has improved and that, accordingly, the amendment in question was enacted and came into force at the beginning of 1996. The Committee also notes from the report that the Children’s Daycare Decree has been amended to shorten the period within which the relevant authorities must arrange for a place in day care, particularly where the need for day care is caused by finding a job, studies or training. Further, according to information supplied by the Government, the home-care allowance scheme was changed on 1 August 1997 by an Act on support for children’s home care and private care which established the right of parents to a home-care allowance if the child is under the age of 3 years or belongs to the same family as another child under 3 years being cared for in the same facility.

2.  The Committee notes SAK and AKAVA’s comments concerning the extension of the right to day care to all children under school age. The SAK and AKAVA consider that the local authorities have generally fulfilled their obligations well in providing childcare, although they point out that centres with rising populations have had some difficulty in meeting the demand for services. The SAK also observes that structural changes in working life are taking place at a faster rate than childcare services can adjust to; therefore, it is sometimes difficult for working parents to find suitable childcare if they work irregular hours. The Committee notes with interest that, according to SAK and AKAVA, over half of all fathers now exercise their right to paternity leave. These organizations point out, however, that the structure of the Finnish parental allowance scheme, which bases payments on a worker’s average wage, has the effect of encouraging the lower paid parent (more often than not the working mother) to stay at home, thereby failing to promote greater gender equality in the workplace. According to the report, the trade union movement has proposed an active campaign to encourage fathers to make greater use of parental leave. The Committee welcomes these positive developments initiated by the Government and the trade unions and hopes that efforts will continue to provide suitable day care services and to meet the needs of working parents. With respect to the parental allowance scheme encouraging mothers over fathers to take leave, the Committee points to the link with the promotion of equal pay remuneration between men and women and refers to its comments under Convention No. 100 on equal remuneration.

The Committee is addressing a request directly to the Government on other points.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

1. Referring to its observation, the Committee notes that efforts have been made to instruct employment office personnel on the implications for customer service of gender equality legislation. The Committee requests the Government to continue to supply information on any measures taken to promote information and educational initiatives that will promote the objects of the Convention.

2. Noting that labour market training courses are arranged for first-time job entrants and for the long-term unemployed, the Committee requests the Government to provide further information on the extent to which these courses attract persons wishing to re-enter the labour market after absences due to family responsibilities.

3. The Committee requests the Government to continue providing information, in accordance with Article 10, paragraph 2, assessing the extent to which the provisions of the Convention have been applied.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee has noted the information provided by the Government in its report.

1. The Committee's previous comments reflected the concern of the trade unions over the inadequacy of municipal day care which, in their view, forced parents to resort to the more expensive and less reliable alternative of private arrangements, thus creating inequality for parents. In its comments on this matter, the Government notes that the new Children's Home-Care Allowance Act, which entered into force in 1985, ensured the parents of children under 3 years, a choice of either municipal day care or a home-care allowance. In addition to enabling a child to be cared for at home by a parent, the allowance may also be used to cover the cost of private child care. The Government states that all children under 3 years were extended the actual right to municipal day care in 1990, either in day-care centres or in the homes of carers employed by the municipal authorities. According to information provided by the Government, virtually all local authorities had managed to arrange the care of children under 3 years by 1990. By that time, 95 per cent of the demand for the full-time care of all children below the school age and 98 per cent of that for part-time care had been met. Moreover, the number of families receiving the home-care allowance had increased to 58,000 in 1990, as compared with 15,800 in 1985.

The Government indicates, in its report, that legislation passed in 1991 was to have further extended the right to day care by granting it to all children under 4 years by 1993 and to all children under school age by 1995. The Government also intended to extend the home-care allowance scheme accordingly so that by August 1995, all children below the school age of 7 years would have been covered by a social day-care or allowance system. However, in 1992, the Government postponed the entry into force of this legislation as the economic situation had worsened considerably. The legislative right to day-care and the extension of the home-care allowance to children under 4 years will now take effect in August 1995.

2. The present report also contains a comment made by the Central Organization of Finnish Trade Unions and the Confederation of Unions for Academic Professionals in Finland stating that the economic recession has had an adverse effect on the distribution of family support between men and women. The Government has also referred to the effect of the deep economic recession on the development of social security policy and benefits to families with children. This has resulted in a reduction of the level of the maternity and parental allowance, from 70 per cent to 66 per cent, and a shortening of the period for the payment of the maternity or parental allowance from 275 to 263 days. On the other hand, the Government has indicated that the 6-12 month paternity leave entitlement will no longer shorten the length of the parental leave. In addition, 1990 amendments to the Employment Contracts Act of 1970 have extended an employee's right to part-time leave for the care of a child at home until the end of the year in which the child starts school.

3. The Committee appreciates the full and candid comments of the Government concerning the measures being taken to maintain the promotion of the Convention in difficult economic circumstances. The Committee hopes that the Government will be able to continue its attempts to foster the aims of the Convention and that its future reports will reflect these efforts.

4. The Committee is addressing a direct request to the Government on other points.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

Further to its previous direct requests, the Committee notes with satisfaction that since the spring 1988 collective bargaining, wage agreements in the private sector no longer restrict to the mother the right to be absent from work to take care of a suddenly ill child under 10 years and now grant an equal right to paid absence to both parents, thus ensuring equality of treatment between men and women workers with family responsibilities, in accordance with Articles 1 and 4 of the Convention.

Article 4 of the Convention. The Committee has also noted with interest that the Contracts of Employment Act, as amended as from 1 August 1988, provides for temporary care leave in case of sickness of a child under ten, and for partial care leave in the form of shorter working hours for parents of children under four. Under Act No. 4/89 amending the Act on Child Home-Care Subsidy, the parent or guardian of a child under three whose working week is not more than 30 hours because of caring for a child has the right to partial home-care subsidy.

Article 5. The Committee has noted with interest that the main goal of the present legislation is to substantially increase the support provided by society to parents of children under three and to give parents an option in arranging for the care of small children and that in 1990 parents or guardians of children under three will by law have the right to choose either home-care subsidy or a municipally provided day-care place for the child at the end of paid parental leave. In this regard, the Central Organisation of Finnish Trade Unions (SAK), the Confederation of Salaried Employees (TVK) and the Confederation of Unions for Academic Professions in Finland (AKAVA) have stated that despite the legislation, there are not enough municipal day-care places, which puts parents in a position of inequality, as providing private day care requires greater financial sacrifices and is a less reliable alternative. They also point out that parents working evening and night shifts almost always have to arrange their child care themselves. The Committee hopes that the next report will indicate the developments in this regard.