Texts of pending comments

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.

The Committee notes that the first report of the Government on the application of the Protocol of 2014 to the Forced Labour Convention, 1930, has not been received. The Committee hopes that the Government will provide the first detailed report on the Protocol along with its next report on the Convention due in 2024.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Law enforcement and sanctions applied. In its previous comments, the Committee requested the Government to provide information on the enforcement of the sections of the Criminal Code that criminalize trafficking, aggravated trafficking and extortionate work discrimination (Chapters 25 and 47 of the Criminal Code).

The Committee notes from the Government’s report that, between 2017 and 2020, the police carried out 127 investigations, among which there were 44 related to trafficking, 27 to aggravated trafficking, and 56 to extortionate discrimination at work; for its part, the Finnish Border Guard carried out three investigations, one each relating to trafficking, aggravated trafficking, and extortionate discrimination at work. The Government also indicates that a national police network of experts, established in 2020, and a national investigation team focusing on the detection and investigation of human trafficking crimes, established in early 2021, work closely together in the fight against human trafficking. In addition, the Government indicates that between 2015 and 2019, there were 20 convictions in cases of trafficking and aggravated trafficking in human beings; 14 convictions in cases of extortionate work discrimination; 12 convictions in cases of abuse of a victim of sexual trade; and 30 convictions in cases of pandering and aggravated pandering. The Committee requests the Government to continue to provide information on the number of investigations – including those led by the national investigation team – prosecutions and convictions applied for trafficking in persons cases, specifying the penalties imposed on perpetrators.

2. Victim protection. The Committee previously took note of the provisions of the Aliens Act (301/2004) on temporary residence permits for victims of trafficking, as well as the legislative amendment (388/2015) to the Act on the Reception of Persons Seeking International Protection (746/2011), aimed at affirming by law the duties of the national assistance system for victims of human trafficking.

The Committee takes note of the statistics provided by the Government regarding the number of victims of trafficking that were admitted to the system of assistance from 2017 to 31 May 2021. In that timeframe, 844 victims were admitted to the assistance system, among which 291 were victims of labour exploitation. The Government indicates that victims are entitled to: (i) counselling and guidance; (ii) safe accommodation; (iii) allowance/income support; (iv) social services; (v) health care services; (vi) interpretation and translation; (vii) legal aid and advice; and (viii) support for safe return. The Government also indicates that the Ministry of Social Affairs and Health has set up a working group to draw up a new act to assist victims of trafficking. The aim of the reform is to improve the status, rights and equality of victims of human trafficking. Furthermore, residence permit practices concerning victims of human trafficking are being reviewed, as a result of a Parliament request that the Government find out whether legislative amendments were needed, in particular in relation to the grounds for issuance of residence permits to trafficking victims. The Committee welcomes the Government’s continued efforts to ensure adequate and effective protection to victims of trafficking and requests the Government to pursue its efforts and provide information in this regard. It also requests the Government to provide information on the progress made on the adoption of the new act to assist victims of trafficking, as well as on the review of the legislative provisions on residence permits for victims of trafficking.

3. National Action Plan. The Committee notes the Government’s indication on the adoption of a new Action Plan against Trafficking in Human Beings for the period 2021–2023. The Action Plan is based on five strategic objectives and 55 actions. The five strategic objectives relate to: (i) the identification of victims; (ii) the provision of support and assistance to victims; (iii) the establishment of criminal liability in human trafficking offences; (iv) the reinforcement of collaboration between national authorities and ministries and various civil society actors; and (v) the development of anti-trafficking action based on data. The Committee observes that the Government established an inter-sectoral working group to prepare the action plan with a view to gaining a comprehensive picture of the challenges of anti-trafficking and to accumulate perspectives for its development. A working group has also been established to monitor and report on the implementation of the Action Plan 2021-2023. The Committee takes due note of the coordinated action that led to the adoption of the new Action Plan against Trafficking in Human Beings 2021-2023 and requests the Government to provide information on the activities undertaken for the implementation of the five strategic objectives of the Action Plan, as well as on the assessment of its implementation by the working group in charge of its monitoring.

The Committee takes note of the Government’s report which includes observations made by the Federation of Finnish Enterprises, the Central Organization of Finnish Trade Unions (SAK) and the Finnish Confederation of Salaried Employees (STTK). The Committee notes that: (i) these observations refer to the general applicability of national or sectoral collective agreements; and (ii) the Federation of Finnish Enterprises alleges that the impossibility for employers who are not members of an employers’ association to deviate from such collective agreements through the conclusion of workplace-level agreements is contrary to the Convention. Taking note of the opposite views expressed by the social partners in this respect, the Committee requests the Government to provide its comments thereon.

The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

The Committee notes the observations of the Central Organization of Finnish Trade Unions (SAK), the Finnish Confederation of Professionals (STTK), and the Confederation of Unions for Professional and Managerial Staff in Finland (AKAVA), communicated with the Government’s report.

Articles 3 and 4 of the Convention. Priority of engagement. Minimisation of detrimental effects. Application in practice. The Committee notes the information provided by the Government in reply to its previous comments. The Government reiterates that the provisions of the Convention have been implemented through consecutive collective agreements concluded between the Finnish Transport Workers’ Union (AKT) and the Finnish Port Operators Association. The current agreement is due to end on 31 January 2021. The Committee notes the statistics provided on the number of stevedores between 2012 and 2018, which show a decrease in the number of workers. In their observations, SAK, STTK and AKAVA recall that the purpose of the Convention is to safeguard continued employment and income to workers who earn their livelihood from dock work. According to the trade union Confederations, over the past ten years, one third of the jobs were lost and this decrease cannot be explained merely by a recession or the technological advancement in ports. The pre-processing and post-processing of cargo were moved to areas created between the fence of the port area and the actual administrative port area. In their views, political decisions have sought to move dock work to workers other than registered stevedores, under a collective agreement other than that for the stevedoring industry. Therefore, SAK, STTK and AKAVA underline that ensuring compliance with the Convention is increasingly important as dock work should continue to be carried out by registered stevedores. In light of the observations made by the trade union Confederations, the Committee requests the Government to provide information on the manner in which, in the context described, registered stevedores are assured priority of engagement for dock work, pursuant to Article 3 of the Convention. It also encourages the Government to foster discussions or negotiations between the social partners on the probable effects of the changes in the dock industry, or the potential reduction of the strength of the registers, with a view to avoiding or minimizing any risk of adverse consequences on the employment security of dockworkers or their conditions of work. The Committee requests the Government to provide information on any developments in this regard, and to continue to provide information on the manner in which the Convention is applied in practice, including extracts from reports and particulars on the numbers of dockworkers, disaggregated by gender, employment status (permanent or temporary) and occupation, and on variations in their numbers.

The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

The Committee notes the observations of the Central Organization of Finnish Trade Unions (SAK), the Finnish Confederation of Professionals (STTK) and the Confederation of Unions for Professional and Managerial Staff in Finland (AKAVA) communicated with the Government’s report. While acknowledging progress made in many respects regarding occupational safety and health in dock work, the trade union confederations state that: (i) fatal accidents still occur; (ii) minor accidents persist; and (iii) the workforce in ports has been scaled so that dockworkers have to work overtime, which may result in health problems in the long run. Additionally, the trade union confederations recall the concern they expressed during the enforcement inspections as to the insufficient knowledge and skills of the port operators, which would allegedly prevent them from taking adequate action in the event of potential accidents and dangerous situations, such as special protection measures during winter and awareness training on the handling of hazardous substances. The Committee requests the Government to provide its comments on the various matters raised by the trade union confederations, including on any measures taken or envisaged to tackle the concerns expressed.

Part V of the report form. Application in practice. The Committee notes the statistical data on the decline in the number of accidents in the operations relating to service activities incidental to water transportation and cargo handling during the period from 2012 to 2015. The Committee requests the Government to continue providing updated statistical data on occupational accidents and diseases in dock work, as well as the number and nature of the contraventions reported and the resulting actions taken.

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019. The Committee also notes the Government’s indication that its supplementary information took into account observations from the Finnish Seamen's Union (FSU).

The Committee notes the Government’s second and third reports on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee notes that the amendments to the Code approved by the International Labour Conference in 2014 and 2016 entered into force for Finland on 18 January 2017 and 8 January 2019, respectively. Based on the review of the information and documents available, the Committee draws the Government’s attention to the following issues.

Impact of the COVID-19 pandemic. The Committee takes note of the observations of the International Transport Workers' Federation (ITF) and of the International Chamber of Shipping (ICS), received by the Office on 1 October 2020 and 26 October 2020, respectively, alleging that ratifying states have failed to comply with certain provisions of the Convention during the COVID-19 pandemic. Noting with deep concern the impact of the COVID pandemic on the respect of seafarers’ rights as laid out in the Convention, the Committee refers to its general observation of 2020 on this issue.

Article I of the Convention. General questions on application. Implementing measures. The Committee notes the Government’s indication that, in April 2020, it submitted to Parliament a proposal (HE 42/2020 vp) for the adoption and implementation of the amendments to the Code approved by the International Labour Conference in 2018, and to a number of acts, including the Seafarers' Employment Contracts Act, which will ensure the continuation of the employee’s employment relationship and salary payment in a situation where the employee is imprisoned as a result of piracy or armed robbery against the ship. The Committee notes the Government’s reference to the proposed amendments to the Seafarers’ Employment Contracts Act, Seamen’s Working Hours Act and the Act on Working Hours on Vessels in Domestic Traffic, with more detailed specifications in relation to the appeal procedure on board the ship, and matters concerning working hours and rest periods. The Committee also notes the Government’s indication that technical amendments were proposed to the Seamen’s Annual Holidays Act, the Act on Seamen’s Service, and the Act on Compensation with State Funds for Travel Expenses for Seafarers. Moreover, the Committee notes the Government’s indication that a Government Decree bringing such amendments into force nationally is expected to be issued by the end of 2020. The Committee requests the Government to confirm whether the above-mentioned amendments have entered into force, and if so, to communicate a copy of each of the amended texts, indicating the new provisions that have a bearing on the implementation of the Convention.

Regulation 1.2 and Standard A1.2, paragraph 5. Medical certificate. Right to have a further examination. In its previous comments, the Committee requested the Government to indicate how it gives effect to seafarers’ rights to have a further medical examination in cases where they have been refused a certificate or have had a limitation imposed on their ability to work. The Committee notes the Government’s indication that if a seafarer is found not to be fit for service at sea during a pre-sea examination or a periodic examination, he/she can apply for dispensation from the Finnish Transport Safety Agency (FTSA). Before taking a decision on dispensation, the FTSA shall request a second opinion from the Finnish Institute of Occupational Health on the applicant’s health status. It further notes that a dispensation may be granted for no more than two years at a time and, if necessary, limitations or conditions may be added to it. A decision on dispensation granted by the FTSA may be appealed, as provided in Administrative Judicial Procedure Act No. 586/1996. The Committee takes note of this information, which addresses its previous request.

Regulation 1.4 and Standard A1.4, paragraph 7. Recruitment and placement. Investigation of complaints. The Committee noted that chapter 14, section 1, of the Act on Public Employment and Business Service (916/2012) permits a claim for rectification against a decision issued by the employment and economic development office but does not seem to provide for an investigation of complaints and requested the Government to explain how it implements this requirement of the Convention. In its reply, the Government indicates that the Chancellor of Justice and the Parliamentary Ombudsman monitors that authorities and civil servants, public employees and other persons performing a public task comply with the law and fulfil their obligations. The Committee takes note of this information, which addresses its previous request.

Regulation 2.1 and Standard A2.1, paragraph 1(b). Seafarers’ employment agreement. Examination and advice before signing. In its previous comments, the Committee requested the Government to provide clarification on how it is ensured that seafarers are given the opportunity to examine and seek advice on the employment agreement before signing it, as required under Standard A2.1, paragraph 1(b), of the Convention. In its reply, the Government indicates again that, in practice, seafarers are given the opportunity to have sufficient information concerning the conditions of work on board ship. The Committee recalls that the Convention requires that each Member shall adopt laws or regulations giving the seafarer the opportunity to request again the Government to examine and seek advice on the agreement before signing it. The Committee accordingly requests the Government to adopt the necessary measures to give effect to this requirement of the Convention.

Regulation 2.1 and Standard A2.1, paragraph 4(a). Seafarers’ date of birth or age. In its previous comments, the Committee noted that chapter 1, section 3, of the Seafarers’ Employment Contract Act (756/2011), and the Seaman’s Contract of Employment provided by the Government contain almost all of the requirements set out in Standard A2.1, paragraph 4, with the exception of the seafarer’s date of birth or age. It requested the Government to indicate the measures adopted in order to include the seafarer’s date of birth or age in the seafarers’ employment agreement. In its reply, the Committee notes the Government’s indication that chapter 1, section 3, of the Contract of Employment contains inter alia the identity number, which includes six numbers referring to the date of birth of the seafarer. The Committee takes note of this information, which addresses its previous request.

Regulation 2.1 and Standard A2.1, paragraphs 5 and 6. Seafarers’ employment agreement. Termination. Shorter notice period for urgent reasons. The Committee requested the Government to explain how it is ensured that the agreed notice period shall not be shorter than seven days, as required under Standard A2.1, paragraph 5, with the exception of cases of “compassionate or other urgent reasons” as stated in paragraph 6 of this Standard. In its reply, the Government indicates that, in Finland, collective agreements include comprehensive provisions on notice periods for employment that last more than seven days. For example, according to the collective agreement between the Finnish Seamen’s Union (SMU ry) and the Finnish Shipowners’ Association on passenger vessels in international traffic as well as the collective bargaining agreement for vessels in international commercial trade, the employer must comply with a minimum notice period, which is two months (if employment has continued for zero to five years), and employees must comply with a one-month notice period (if employment has continued for zero to ten years). Unorganized employers are also obligated to comply with the provisions on periods of notice in generally applicable collective agreements. The Committee notes however that neither the collective agreement nor the Seafarers’ Employment Contract Act seem to contain any indication about the circumstances in which a seafarer is authorized to terminate the employment agreement, without penalty, on shorter notice or without notice for compassionate or other urgent reasons, according to Standard A2.1, paragraph 6. The Committee requests the Government to explain how compliance with this requirement of the Convention is ensured.

Regulation 2.3 and the Code. Hours of work and hours of rest. The Committee requested the Government to: (i) explain how all seafarers, including masters, chief engineers or first mates and chief officers of the catering department of passenger vessels, are covered by the protection afforded by Regulation 2.3; (ii) adopt the necessary measures ensuring that watchkeeping in port is included in the schedule of service in port, emphasizing that such task cannot be considered as an emergency situation; and (iii) provide further details on the procedures for keeping the records on board concerning seafarers’ working hours and the intervals at which the information is recorded as well as a copy of the approved standardized table for shipboard working arrangements, according to Standard A2.3, paragraphs 10 and 11. In its reply, the Government refers to the amendments 436/2020 to the Seafarer’s Working Hours Act N°296/2976, the amendments 437/2020 to the Act on Working Hours on Vessels in Domestic Traffic N°248/1982. The Committee takes note with interest of this information, which addresses its previous request.

Regulation 2.5, Standard A2.5, paragraph 1(b)(ii). Repatriation. The Committee requested the Government to explain how it ensures that a reasonable period of time to claim repatriation is indeed given to seafarers before they may lose this entitlement guaranteed by Standard A2.5, paragraph 1(b)(ii) of the Convention. In its reply, the Government indicates that according to chapter 3, section 2, subsection 3, of the Seafarers’ Employment Contracts Act, when terminating or voiding their employment contract, the employee must ask for the right to a paid homeward journey. Seafarers’ and shipowners’ organizations were not aware of any instances in which the provisions may have caused problems or in which the paid homeward journey requested by an employee had been denied. The Committee takes note of this information, which addresses its previous request.

Regulation 2.5 and Standard A2.5.2. Financial security in the event of abandonment. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that, pursuant to Standard A2.5.2, the Government shall ensure the provision of an expeditious and effective financial security system to assist seafarers in case of their abandonment. In this regard, the Committee takes note with interest that the Seafarer’s Employment Contracts Act (chapter 13, section 13) was amended in 2016 to give effect to Standard A2.5.2. The Committee requests the Government to indicate if it has received requests to facilitate repatriation of a seafarer and, if yes, how did it respond. It further requests the Government to indicate what are the circumstances under which a seafarer is considered abandoned according to national legislation.

Regulation 3.1 and Standard A3.1, paragraph 18. Accommodation and recreational facilities. Frequent inspections. The Committee requested the Government to specify the frequency of the inspections of the seafarers’ accommodation, pursuant to the requirements of Standard A3.1, paragraph 18, of the Convention. In its reply, the Government refers to section 13 of Act 395/2012, which provides that the ship’s master has the right to inspect the seafarers’ accommodation, if there is reason to suspect that the accommodation does not meet the health and safety requirements or if an inspection is necessary to ensure that the accommodation is suitable for living. The Government indicates that more specific provisions on regular inspections could not be included in national law, because such inspections would constitute a violation of the sanctity of the home guaranteed by section 10 of the Finnish Constitution, which protects the facilities on board a vessel used for accommodation of a permanent nature. The Committee takes note of this information, which addresses its previous request.

Regulation 3.2 and Standard A3.2, paragraphs 2(c), 3 and 4. Food and catering. Training for ship’s cook. The Committee requested the Government to provide information on the implementation of this provision of the Convention, in particular details on the requirements of a training course for obtaining a cook’s certificate. The Committee notes the Government’s reference in this regard to Decree No. 508/2018 on Manning and Certification of Seafarers, in particular, sections 9, 52, 53 and 54, which contain the requirements for receiving certification as a cook. The content of this training is specified in the Finnish National Agency for Education’s criteria for a basic qualification in the hotel, restaurant and catering industry. The Committee takes note of this information, which addresses its previous request.

Regulation 4.1, Standard A4.1, paragraph 4(d). Medical advice by radio or satellite. The Committee requested the Government to indicate whether the existing system of satellite or radio to provide medical advice is available free of charge, 24 hours a day to all ships, and how this requirement of the Convention is applied in practice. In its reply, the Government refers to the Maritime Search and Rescue Act (1145/2001). According to section 3 of the Act, the Border Guard acts as the leading maritime rescue authority, and is responsible for radio communications related to hazardous situations as well as the transmission of doctor’s services via telephone to vessels (section 3). Maritime search and rescue are on call around the clock. The Committee takes note of this information, which addresses its previous request.

Regulation 4.2 and Standard A4.2.1, paragraph 1(c). Shipowners’ liability. Minimum standards. Expenses of medical care and board and lodging away from home. The Committee requested the Government to clarify the duration of the shipowner’s liability with respect to the seafarer’s medical care and wages, in accordance with Standard A4.2, paragraphs 1(c) and 3. In its reply, the Government refers to chapter 2, section 13, of the Seafarer’s Employment Contracts Act, which provides that the employer shall be responsible for the costs of medical treatment, up to a maximum of 112 days. As regards the application of paragraph 3 of Standard A4.2.1, the Government indicates that chapter 2, section 10, of the said Act provides that “employees who are prevented from performing their work by an illness or accident are entitled to pay during illness, shipmasters up to a maximum of 90 days, other employees up to a maximum of 60 days in foreign traffic and up to a maximum of 30 days in domestic traffic”. The Committee recalls that Standard A4.2, paragraph 3, requires that the shipowner shall be liable to pay full wages to the sick or injured seafarers, regardless of their position on board, as long as they remain on board or until the seafarers have been repatriated and from the time when they are repatriated or landed until recovery or, if earlier, until they are entitled to cash benefits under the national legislation. The liability of the shipowner to pay wages in whole or in part shall not be less than 16 weeks. The Committee observes that the legislation referred to by the Government does not give full effect to the provision of the Convention. The Committee therefore requests the Government to indicate the measures taken or envisaged to give full effect to the requirements of Standard A4.2, paragraph 3, of the Convention.

Regulation 4.2 and Standards A4.2.1 and A4.2.2. Shipowners’ liability. Financial security in the event of death or long-term disability. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that pursuant to Standards A4.2.1 and A4.2.2, national laws and regulations shall provide that the financial security system to assure compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard meet certain minimum requirements. In this regard, the Committee takes note with interest that the Seafarer’s Employment Contracts Act (chapter 13, section 13) was amended in 2016 to give effect to Standard A4.2.2. The Committee draws the Government’s attention to the following questions: (1) how do national laws and regulations ensure that the system of financial security meets the following minimum requirements: (i) payment of compensation in full and without delay; (ii) no pressure to accept payment less than the contractual amount; (iii) interim payments (while the situation is being assessed) to avoid undue hardship; (iv) offsetting payment against any damages resulting from any other claim made by the seafarer against the shipowner and arising from the same incident; and (v) persons who can bring the claim for contractual compensation (seafarer, her/his next of kin, representative or designated beneficiary)?; (2) does national legislation provide that seafarers receive prior notification if a shipowner’s financial security is to be cancelled or terminated?; and (3) how does national legislation ensure that effective arrangements are in place to receive, deal with and impartially settle contractual claims relating to compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard, through expeditious and fair procedures? The Committee requests the Government to reply to the above-mentioned questions, indicating in each case the applicable national provisions.

Regulation 4.3 and the Code. Legislation on health and safety protection and accident prevention. The Committee requested the Government to specify whether and how the legislation implementing Regulation 4.3 and the Code takes into account the relevant international instruments dealing with occupational safety and health protection, particularly with respect to maritime employment, as required by Standard A4.3, paragraph 2(a). In its reply, the Government refers to the Occupational Safety and Health Act (738/2002) and the Act on Occupational Safety and Health Enforcement and Cooperation on Occupational Safety and Health at Workplaces (44/2006), which also applies to ships, as well as to the Government Decree on the Working Environment on Board Ships (289/2017). The Committee further notes the Government’s indication that there is no need to enact another legislation specifically on the health and safety of seafarers. The Committee takes note of this information, which addresses its previous request.

Regulation 4.3 and Standard A4.3, paragraph 2(d). Health and safety protection and accident prevention. Ship’s safety committee. The Committee requested the Government to indicate the measures taken to implement this requirement of the Convention. In its reply, the Government refers to Section 42 of the Act on Occupational Safety and Health Enforcement and Cooperation on Occupational Safety and Health at Workplaces (44/2006), as amended by Act No 398/2012. Such provision states that, on ships with at least five crew members, an occupational safety and health delegate shall be elected and an occupational safety and health committee shall be established. The Committee takes note of this information, which addresses its previous request.

Regulation 5.1.3 and the Code. Maritime labour certificate and declaration of maritime labour compliance (DMLC). The Committee requested the Government to consider amending the DMLC, Part I, so as to ensure that it not only provides a reference to the national requirements embodying the relevant provisions of the Convention, but also, to the extent necessary, concise information on the main content of these requirements. In its reply, the Government indicates that it will take the necessary measures to amend the DMLC, Part I. The Committee accordingly requests the Government to provide a copy of the amended DMLC, Part I, once available. Noting the absence of explicit provisions in the legislation, the Committee requested the Government to indicate how it ensures that a valid maritime labour certificate and the DMLC are carried on board the ship in accordance with Standard A5.1.3, paragraph 12. The Committee notes with interest that chapter 13, section 15 of the Seafarers’ Employment Contracts Act, as amended in 2016, gives effect to this provision of the Convention. The Committee further notes with interest the adoption of the Act on Amendments to the Code of the Maritime Labour Convention (447/2018) and the Government Decree on the Entry into Force of the Act on Amendments to the Code of the Maritime Labour Convention (1029/2018), as well as of the amendment to section 8 of the Act on the Working and Living Environment and Catering for Seafarers on Board Ships (395/2012), which give effect to Standard A5.1.3, paragraph 4, of the Convention, as amended in 2016. The Committee takes note of this information, which addresses its previous request.

Regulation 5.1.4 and the Code. Inspection and enforcement. The Committee requested the Government to clarify whether the inspection report is, in fact, submitted to the competent authority, as required by the Convention. In its reply, the Government indicates that an inspector from the competent authority enters the inspection report into the VERA system, which will automatically notify the competent authority that the report has been completed. The Committee takes note of this information, which addresses its previous request.

Regulation 5.1.5, paragraph 2. On-board complaint procedures. The Committee requested the Government to explain how it is ensured that any kind of victimization of a seafarer for filing a complaint is prohibited and penalized, as required under Regulation 5.1.5, paragraph 2. In its reply, the Government refers to chapter 47, section 3, of the Criminal Code, which penalizes an employer or a representative thereof who, when advertising for a vacancy or selecting an employee, or during employment without an important and justifiable reason, commits work discrimination based on 1) race, national or ethnic origin, nationality, colour, language, sex, age, family status, sexual preference, inheritance, disability or state of health, or 2) religion, political opinion, political or industrial activity or a comparable circumstance. The Committee takes note of this information, which addresses its previous request.

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on social security, the Committee considers it appropriate to examine Conventions Nos 121 (employment injury benefits), 130 (medical care and sickness benefits), and 168 (employment promotion and protection against unemployment) together.

The Committee notes the observations of the Central Organisation of Finnish Trade Unions (SAK), the Finnish Confederation of Professionals (STTK), and the Confederation of Unions for Professional and Managerial Staff in Finland (AKAVA), communicated with the Government’s reports on the above-mentioned Conventions.

Article 7(1) of Convention No. 121. Definition of industrial accident. Reform of national legislation on employment injuries. Referring to its previous comments on the reform of accident insurance and occupational diseases, the Committee takes note of the Occupational Accidents, Injuries and Diseases Act (459/2015), which entered into force on 1 January 2016. The Committee notes the indications provided by the Government in its report that the new Act does not significantly change the content of the system of employment injury insurance, nor the types and amounts of benefits. The Committee also notes the observations of the SAK, STTK and AKAVA that insurance companies no longer pay compensation in respect of incapacity for work due to complications arising from the medical treatment of an employment injury due to the new interpretation of the principle of causality which is being applied to such cases. The Committee requests the Government to provide information in this respect.

Article 8. Occupational diseases. The Committee notes the information provided by the Government in reply to its previous request to provide information regarding the new list of occupational diseases and, notably, the adoption of the Occupational Accidents, Injuries and Diseases Act (459/2015) and the Occupational Diseases Decree (769/2015). The Committee also notes the Government’s explanations that, in accordance with Article 8(c) of the Convention, Finland follows a mixed approach for the identification and definition of occupational diseases, which includes both a list of occupational diseases and a general definition of occupational disease set out in the legislation. With respect to the procedure for the recognition of the occupational origin of diseases that are not included in the list, the Government indicates that such a procedure requires “a higher level of proof in individual cases of the causal link between exposure and illness, because the illness is not generally recognised as being a typical occupational disease”. The Committee requests the Government to indicate the average duration of such a procedure, the allocation of the burden of proof, the number of requests submitted and the number of cases of occupational diseases recognized under this mechanism, particularly with regard to the substances covered by Article 8 and Schedule I of Convention No. 121.

Article 13(c) of Convention No. 130, in conjunction with Article 17. Cost-sharing – pharmaceutical supplies. The Committee notes the Government’s indication that the expenditure allocated to the reimbursement of insured persons for the costs of pharmaceutical supplies has grown in recent years, and that means for curbing this growth had to be sought. In this regard, the Committee notes the Government’s indication of the introduction in 2016 of an initial co-payment of €50 per calendar year for pharmaceutical reimbursements for all persons aged 18 or over and an increase of the co-payment for each reimbursed pharmaceutical from €1.50 to €4.50. The Committee also notes that the maximum total co-payment per year for reimbursed pharmaceuticals (annual cap) decreased from €700.92 to €610.37. The Committee further notes that, according to SAK, STTK and AKAVA, the increase in co-payments for medicines forces many low-income persons to “compromise on the purchase of medicines and abandon treatment because they are not able to afford it”. The Committee requests the Government to indicate the measures taken to ensure that the participation of protected persons in the costs of pharmaceutical supplies does not entail financial hardship nor prejudice the effectiveness of medical and social protection.

Article 30(1). General responsibility of a Member for the due provision of the benefits. The Committee notes the indication provided by the SAK, STTK and AKAVA on the introduction of a National Health Care Guarantee which includes the establishment of a maximum time limit for the provision of medical treatment, within the framework of the Act on Specialized Health Care of 2005. The Committee also notes the indication of SAK, STTK and AKAVA that, although the introduction of the National Health Care Guarantee has reduced the period before persons in need of healthcare receive treatment, there are still cases in which the prescribed deadlines are not met. The Committee requests the Government to provide information on progress made in the implementation of the National Health Care Guarantee with a view to ensuring the due provision of medical care benefits to protected persons, in line with Article 30(1) of the Convention.

Articles 7 and 8 of Convention No. 168. Promotion of productive employment. The Committee takes due note of the information provided by the Government on Finland’s employment policy, in reply to its previous comments. The Committee also notes the indications provided by SAK, STTK and AKAVA that measures to promote employment, particularly with respect to providing employment opportunities and vocational education and training programmes, are still needed. In this regard, the Committee refers to its detailed comments under the Employment Policy Convention, 1964 (No. 122).

Article 21. Suitable employment. The Committee notes the Government’s indications that the active labour market policies in place in Finland put an increased emphasis on the responsibility of unemployed persons to seek work actively and to accept jobs offers, as a prerequisite for receiving unemployment benefits. The Government indicates more specifically that jobseekers are obliged to accept employment from outside their travel-to-work area if the daily commute by public transport, car or bicycle does not exceed an average of three hours. The Government further indicates that jobseekers no longer have a valid reason for refusing to accept a full-time job where the total wages together with any adjusted unemployment benefit, with deductions of commuting costs and other costs incurred through accepting the job, are less than the unemployment benefit that they would be entitled to otherwise. In this regard, SAK, STTK and AKAVA point out that the tightening of the eligibility requirements for entitlement to unemployment benefits, the extension of the sanction system and the obligation for unemployed persons to participate in all services offered to them, even if such services were not agreed upon in the employment plan, raise issues of compatibility with the Convention. The Committee requests the Government to explain how the criteria specified in Article 21(2) of the Convention, namely the age of unemployed persons, their length of service in their former occupation, their acquired experience, the length of their period of unemployment, the labour market situation, and their personal and family situation, are taken into account by the administrative authorities in assessing the suitability of the employment or service offered.

The Committee notes the observations of the Central Organization of the Finnish Trade Unions (SAK), the Confederation of Unions for Professional and Managerial Staff in Finland (AKAVA) and the Finnish Confederation of Professionals (STTK), received on 30 August 2018.

Article 3(1) of the Convention. Education and training of nursing personnel. In their observations, the workers’ organizations indicate that a vocational education reform entered into force at the beginning of 2018, which will fundamentally modify vocational education and training, including the training of basic nurses. The Committee requests the Government to provide its comments in this respect.

Article 7. Occupational safety and health. In their observations, the workers’ organizations refer to an amendment to the Communicable Diseases Act, which entered into force on 1 March 2018. They indicate that the amendment requires all nursing staff to receive certain vaccinations to promote patient safety, observing that employers have interpreted the amendment to mean that, if an employee refuses to be vaccinated, the employer may terminate the employee. Furthermore, the workers’ organizations allege that much of the healthcare sector implements a three-shift system, including night work. However, the possibility of reducing negative effects of night work with shift arrangements has not been utilized in a comprehensive manner in the healthcare sector. The Committee notes the concerns expressed by the workers’ organizations in respect of the working conditions of employees in the healthcare sector. They indicate that, according to a public sector survey on well-being at work (2016), 71 per cent of employees in the health sector found their work to be mentally taxing, 51 per cent found it physically taxing and 49 per cent had experienced violence or threat of violence, primarily in centralized hospital emergency units. The workers’ organizations call for more specific legislation to protect employees from these risks. In its report, the Government indicates in response to the Committee’s previous comments that occupational safety and health enforcement has targeted the healthcare sector and that reduction of physical and psychosocial load borne by healthcare sector workers, and preparing such workers for the possibility of the threats of violence were identified as key development areas for the sector. The Committee notes the Government’s indication that occupational safety and health activities in the healthcare sector have proved challenging, since the rapid pace of change in the service structure also requires reforms to safety management. The Committee requests the Government to provide its comments with respect to the observations of the SAK, the AKAVA and the STTK and to provide information on the measures taken or envisaged to ensure the health and safety of nursing personnel.

Comments adopted by the CEACR: Finland

Adopted by the CEACR in 2022

C140 - Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Adopted by the CEACR in 2021

C029 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C098 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C137 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C152 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

MLC, 2006 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Adopted by the CEACR in 2019

C128 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

C130 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C149 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)