Paid Educational Leave Convention, 1974 (No. 140) - Finland (Ratification: 1992)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the observations of the Federation of Finnish Enterprises (SY), the Central Organization of Finnish Trade Unions (SAK), the Finnish Confederation of Salaried Employees (STTK), the Confederation of Unions for Academic Professionals in Finland (Akava) and the Confederation of Finnish Industries (EK), transmitted together with the Government’s report.

Articles 3 and 4 of the Convention. Measures to promote the granting of paid educational leave. Coordination of general policies with the policy to promote the granting of paid educational leave. The Committee notes with interest the series of measures taken by the Government to reform the adult education allowance system in 2020 with a view to promoting wider use of the study leave system and support employees’ ability to harmonize work and studies. In this respect, the Government indicates that the Act on Adult Education Benefits (1276/2000) (formerly the Adult Education Support Act) was amended during the reporting period by Acts (450/2020), (228/2020) and (521/2018). The Government adds that the provisions on adult education support and income-matching were amended as of 1 August 2020, with the aim of encouraging more work-based learning than previously. The condition for granting adult education support was changed and is now a requirement linked to study performance instead of being tied to the duration of studies. The Government specifies that the level of employee support was also reduced slightly by modifying the support calculation formula. The Government adds that, as of the beginning of 2019, the Education Fund merged with the Unemployment Insurance Fund. The new fund is now called the Employment Fund and is the entity responsible for paying adult education grants in the future. The Committee further notes the observations of 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), who point out that the reforms to the system of adult education allowances were based on unanimous proposals made by the social partners. The workers’ organizations indicate that the objectives of the reform were to improve employee’s ability to balance work and studies, as well as to encourage less educated employees and those in low-income sectors to develop their competences. They add that they are currently participating in the preparation of reforms in relation to the continuous learning system. The objective of this reform is to develop an employment-driven range of education applicable to continuous learning, as well as to develop lifelong guidance services and a proactive approach to competence needs in working life. The Committee also notes the observations made by the Federation of Finnish Enterprises (SY), who points out that, while the changes introduced to the adult education allowance system have addressed a number of problems, other significant shortcomings in the adult education system remain. In particular, the SY observes that self-employed persons and entrepreneurs do not enjoy access to adult education allowances under conditions similar to those of persons considered to be employees. It considers that the rules unnecessarily put employees and entrepreneurs in an unequal position, considering that the latter should also have the opportunity to reconcile work and studies with the support of the adult education allowance. The Committee notes the detailed statistical information, disaggregated by age and sex, provided by the Government regarding the number of persons that benefited from paid educational leave during the reporting period. The Government reports that, between 2018 and 2020, 77,615 persons benefited from paid educational leave, the majority of whom were women (76 per cent in 2020). In this context, the Committee notes the observations of the Confederation of Finnish Industries (EK), who points out that adult education support is most frequently used by highly educated employees and women. The EK adds that the proportion of men – especially low-skilled workers – in adult education is regrettably low. The Committee requests the Government to provide detailed updated information on the impact of the reform of the adult education allowance system, including statistical information, disaggregated by age and sex, on the number of workers who have benefited from the various arrangements for paid educational leave (for the purposes of vocational training, general, social and civic education, and trade union education). Noting the low number of men that have benefited from adult education allowances, the Committee encourages the Government to take measures to promote their equal access and use of adult education allowances, particularly among those in low-skilled jobs. The Committee also requests the Government to provide its views concerning the observations of the Federation of Finnish Enterprises (SY). It further requests the Government to provide updated information on the nature and impact of the reforms to the continuous learning systems, as well as with respect to any other legislative and policy developments relevant to the application of the Convention.

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

Articles 3 and 4 of the Convention. Measures to promote the granting of paid educational leave. Coordination of general policies with the policy to promote the granting of paid educational leave. The Committee notes the Government’s report in which it indicates that the tripartite working group of the Ministry of Employment and Economy, tasked with discussing the reform of the Study Leave Act, did not reach a consensus and that, therefore, no amendments were made. The Government indicates that it considers the development of employees’ competence important and that, in the long term, it will examine the need to reform legislation relating to study leave and adult training allowances. The Committee notes the amendments to the Act on Adult Training Allowance (1276/2000), which establish, inter alia, the conditions for receiving an adjusted adult training allowance, the maximum time period for receiving such an allowance and the source of financing. In this regard, the Committee takes note of the observations made jointly by 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), which indicate that the adult education allowance was reduced as of 1 August 2017 by shortening the maximum period for receiving the allowance from 19 months to 15 months, while the basic amount of the allowance was also cut by 15 per cent for all recipients. The Committee notes that the Government ceased financing the basic amount of the adult education allowance for wage earners, leaving the allowance for wage earners to be funded by employees and employers through their unemployment insurance contributions. The SAK, STTK and AKAVA consider this situation to be problematic. The Committee notes that the number of allowance recipients nevertheless grew steadily from 16,085 in 2011 to 35,768 recipients in 2016. Moreover, the legislation to promote the development of professional skills of employees entered into force in 2014, following tripartite consultations in 2013. The Government indicates that the goal of the legislation is to improve employees’ ability to adjust to changes in working life and to prolong careers, as well as to give employers the opportunity to receive a financial incentive for training provided to employees after preparing a training plan. The Committee also takes note of the Act on Financially-Supported Development of Professional Skills (1136/2013) which applies to both private and public sectors. Finally, the Committee notes that the Government provides detailed information showing that the number of adult education subsidy recipients increased from 17,589 in 2014 to 24,356 in 2017, and that the total amount of cash benefits granted increased from €135.9 million in 2014 to €188.3 million in 2017. The Committee requests the Government to continue to provide information on the measures envisaged or adopted to contribute to the attainment of the objectives set out in Article 3 of the Convention, as well as on the manner in which the national policy on paid educational leave is coordinated with general policies concerning employment, education and training, in particular to adapt to the changing needs of the labour market (Article 4).

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

The Committee notes the Government’s comprehensive report in which it indicates that a tripartite working group of the Ministry of Employment and Economy started working on an overall reform of the Study Leave Act in 2011. A special goal is to assess the prerequisites for a right to absence from work and the legal status of the absentee. Another goal is to ascertain how employers might be encouraged to participate more in the forward-looking implementation of professional training together with personnel according to goals that are jointly set. The Committee takes note that the Adult Education Subsidy Act, which grants economic support during paid educational leave, was amended in 2010. An employee now has the right to adult education subsidy for a total of 18 months after the employee has been at work for a total of eight years of which at least a year is in the service of the present employer. This adult education subsidy can be used at one time or in several parts. In addition, the amount of the adult education subsidy was raised. In its report, the Government provides detailed information that shows that the number of adult education subsidy recipients increased from 7,750 in 2008 to 11,104 in 2011, and that the total amount of cash benefit has more than doubled from 2008 to 2011. The Government also draws attention to a joint statement made by the Confederation of Unions for Academic Professionals in Finland (AKAVA) and the Finnish Confederation of Salaried Employees (STTK) which indicates that the basic part of adult education subsidy is paid by the State, and that the income-linked part is paid by the Education Fund, which is a fund that is administered by the labour market organizations. Moreover, the Committee takes note with interest of the Supreme Court decision of 2012, referred to by the Government, which obligated an employer who violated the provisions of the Study Leave Act to compensate for the loss of the right to adult education support of the employee. The Committee invites the Government to continue providing information on the measures envisaged or adopted to contribute to the attainment of the objectives set out in Article 3 of the Convention, as well as on the manner in which the national policy on paid educational leave is coordinated with general policies concerning employment, education and training (Article 4).

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee takes note of the Government’s report received in October 2008, including replies to its 2004 observation. The Committee notes that reform of adult education was planned in 2007 through the creation of a tripartite working group. The objective of the reform, the implementation of which was due to start at the beginning of 2009, is to streamline the administration, financing and provision of services and benefits in areas such as vocational adult education and training, adult education within higher education institutions, labour policy in relation to adult education and staff training. The Committee invites the Government to continue providing information on the measures envisaged or adopted to contribute to the attainment of the objectives set out in Article 3 of the Convention, as well as on the manner in which the national policy on paid educational leave is coordinated with general policies concerning employment, education and training (Article 4).

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee refers to its comment on the application of the Employment Policy Convention, 1964 (No. 122) and notes that within the context of the legislative reform undertaken in 2001-03, which, inter alia, places increased emphasis on lifelong learning, a new Adult Education Assistance Act (1276/2000) entered into force in 2001. This legislation, complemented with the provision of vocational qualification allowance through the Education Fund Act (1306/2002), provides for a new form of financial support for adult students administered through an education payments fund, managed by the social partners. It also notes the information submitted on the new Alternation Leave Act (1305/2002) through which the job alternation system will continue to be applicable for an additional five years. It would be grateful if the Government would continue providing information on the measures taken, within the framework of the national policy on paid educational leave for workers in all sectors of the economy and persons with specific needs (such as ageing unemployed persons), in order to contribute to the achievement of the objectives set out in Article 3 of the Convention, and coordinated with the general policies enumerated in Article 4.

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

The Committee notes the information supplied by the Government in reply to its previous direct request, and the comments made by the Central Organization of Finnish Trade Unions (SAK) and the Confederation of Academic Professionals in Finland (AKAVA) appended to the Government’s report.

The SAK states that the number of workers availing themselves of job alternation leave has increased significantly since the 1979 Study Leave Act was amended in 1997 to extend the benefit of study leave to employees on short-term appointments.

The AKAVA explains that the division of continuous adult education into three components is too rigid and no longer meets the needs of working life and individual employees.

The Government states that new forms of financial support for workers on paid educational leave, to replace current support measures, will be in place as of 1 August 2001. The Committee asks the Government to provide all relevant information on this matter, indicating how the new measures will ensure that arrangements for paid educational leave are financed on a regular and adequate basis (Article 7 of the Convention). It also requests the Government to provide detailed information on the manner in which the Convention is applied in practice, including all relevant extracts of studies, enquiries and reports, and statistics on the number of workers granted paid educational leave (Part V of the report form).

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information provided by the Government in response to its previous request, as well as the comments by the Central Organization of Finnish Trade Unions (SAK) and the Confederation of Unions for Academic Professionals in Finland (AKAVA) appended to the Government's report.

1. The Committee notes with interest that the Study Leave Act of 1979 was amended in 1997 to enable workers employed for short periods to take educational leave. The Committee also notes that the provisions which introduced the job alternation leave experiment have been extended until the year 2000 and that the level of financial compensation has been increased. The AKAVA nevertheless considers that job alternation leave is only rarely used for the purpose of training.

2. The Committee notes that, while the Government does not have complete statistics in this regard, it was estimated in 1997 that only 1 per cent of workers had taken paid educational leave under the Act of 1979. The SAK states that the number of grants for adult education had decreased by one-third, after having peaked between 1992 and 1993. The SAK attributes this decrease in the number of beneficiaries to a cut in the level of financial support which it considers is not "adequate" within the meaning of the Convention. The Government indicates that its objective is to ensure the income security of students in so far as the budgetary situation allows. The Committee would be grateful if the Government would indicate any new measures adopted with a view to ensuring regular financial arrangements for paid educational leave, in accordance with Article 7 of the Convention.

3. The Committee notes that the AKAVA considers that the three constituent parts of continuing education for adults respond to different needs, but should be better coordinated. The SAK refers to the discussions which are under way between the Government and the social partners regarding "training guarantees". The Committee requests the Government to provide full information in this regard, by specifying the manner in which it takes account of the provisions of Articles 4 and 6 of the Convention.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes with interest the Government's first two reports on the application of the Convention as well as the comments by the Confederation of Unions for Academic Professionals in Finland (AKAVA), the Central Organization of Finnish Trade Unions (SAK) and the Finnish Confederation of Salaried Employees (STTK). In order to appreciate better the effect given to the Convention, the Committee would be grateful if the Government would supply in its next report supplementary information in reply to all these observations, including the following points.

Article 5 of the Convention. The Committee notes that section 13 of the 1979 Study Leave Decree (as amended) provides for exceptions to the provisions of sections 4-10 by collective agreements. Please indicate whether such derogations have been agreed and what will be their effect. Please send relevant extracts from the collective agreements.

Articles 2 and 3. 1. The Committee notes that leave for union training is granted under collective agreements. Please indicate whether this leave is granted to any worker to encourage recourse to study leave for the purpose of contributing to the competent and active participation of workers and their representatives in the life of the undertaking and of the community in accordance with Article 3(b) of the Convention.

2. The Committee notes that AKAVA and SAK consider the financial aid paid to the worker during study leave insufficient. It requests the Government to give its opinion on this matter (see also Article 7).

Article 4. 1. The Committee would be grateful if the Government would indicate in what way the policy for promoting paid study leave is coordinated with employment policy.

2. The Committee notes that the job alternation leave introduced experimentally in December 1995 is not linked compulsorily to educational purposes. The STTK considers that the beneficiaries of this leave are not adequately paid. Please indicate whether measures have been taken or are contemplated to encourage recourse to job alternation leave for educational purposes.

Article 6. Please indicate how employers' and workers' organizations and education and training bodies are involved in implementing the paid study leave promotion policy.

Article 7. The Committee notes that the STTK considers that the coordination between the various forms of financial aid is problematic. Please indicate any new measures taken in order to ensure regular and adequate financing of arrangements relating to paid study leave.

Article 9. Please indicate the measures taken in application of section 2(3) of the 1979 Act in relation to study leave for farmers and other self-employed workers and how they are implemented. Please indicate any other special measure that has been taken in regard to particular categories of undertakings or workers.

Part V of the report form. Please provide any pertinent extracts from reports, studies, surveys or statistics allowing practical application of the Convention to be assessed.

[The Government is asked to report in detail in 1998.]