Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Articles 2, paragraph 1, 4 and 5 of the Convention. Minimum duration of weekly rest period – Permanent and temporary exceptions. The Committee notes the Government’s explanations concerning the characteristics of the Finnish labour market system and the conditions of strict equality prevailing in collective bargaining so that collectively agreed deviations from the law, when expressly permitted, do not imply a decrease in the level of workers’ protection. However, the Committee is obliged to recall that the Convention lays down minimum standards, which the Government is bound to apply and enforce, either through national laws or regulations, or by ensuring that collective agreements contain at least as favourable provisions. Noting that by authorizing derogations from the peremptory nature of certain of its provisions, section 40(1) of the Working Hours Act permits employers’ and workers’ organizations to increase but also to lower the minimum duration of the weekly free time provided for in sections 31(1) and (2), the Committee once more asks the Government to explain how it is ensured in law and practice that collective agreements provide as a minimum 24 consecutive hours of rest in every period of seven days and compensatory rest of an equal duration for work performed on a day of weekly rest, as required by these Articles of the Convention.

Part V of the report form. The Committee would be grateful if the Government would provide in its next report information concerning the practical application of the Convention, including, for instance, the approximate number of workers covered by the relevant legislation, reports of the labour inspection services showing the number of infringements of the legislation on weekly rest observed and sanctions imposed, sample copies of collective agreements containing clauses on special weekly rest schemes, etc.

Finally, the Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that the ratification of up to date Conventions, including the Weekly Rest (Industry) Convention, 1921 (No. 14), and the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), should be encouraged because they continued to respond to current needs (see GB.238/LILS/WP/PRS/1/2, paragraphs 17–18). The Committee accordingly invites the Government to contemplate ratifying Convention No. 106 and to keep the Office informed of any decisions taken or envisaged in this respect.