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Termination of Employment Convention, 1982 (No. 158) - Finland (Ratification: 1992)

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Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

The Committee notes the observations of the Federation of Finnish Enterprises (SY) and of the Confederation of Finnish Industries (EK) which were transmitted with the Government’s report received in 2021.

Article 2(2) of the Convention. Workers serving a period of probation. With reference to its previous comments, the Committee notes that the Employment Contracts Act (55/2001) was amended several times in the period 2016–20, including by an Amendment Act (1458/2016), in force since 1 January 2017, which extended the maximum duration of trial periods in employment relationships from four to six months (chapter 1, section 4 of the Employment Contracts Act). The Government states that the reform aims at lowering the employment threshold, by allowing employers to assess the suitability of employees for a longer period. The Government adds that a shorter probation period may be provided, including through the application of a collective agreement. If a collective agreement provides for the duration of the trial period in the employment relationship, the employer must provide this information to the employee at the time of the conclusion of the contract, failing which the employer may not terminate the contract with immediate effect during the trial period. The Government also indicates that, should an employee be absent during the trial period, due to incapacity for work or family leave, the employer may extend the trial period by one month for every 30 calendar days of absence. The employer must notify the employee of the extension of the trial period before its ending. In their observations, the SY and the EK welcome the reform brought by the Amendment Act (1458/2016). The Committee requests the Government to continue to provide general information on legislative developments relevant to the application of the Convention. The Committee also requests the Government to provide information on the impact of the Amendment Act (1458/2016) on the rate of termination of employment contracts during periods of probation and to specify the way in which the judiciary has handled cases related to the termination of employment of workers during the probation period.

Article 2(2) and (3). Adequate safeguards against recourse to fixed-term employment contracts. As regards reforms facilitating the use of fixed-term employment, the Government indicates that, according to the Amendment (1448/2016) to the Employment Contracts Act, in force since 1 January 2017, employers are allowed to conclude fixed-term employment contracts without a valid reason, provided that the newly hired person has been an unemployed jobseeker during 12 uninterrupted months prior to the hiring (chapter 1, section 3(a)). The maximum duration of fixed-term contracts concluded with long-term unemployed jobseekers is limited to one year. The Act on Public Business and Employment Service (916/2012) provides a definition of “unemployed jobseeker”. In their observations, the SY and the EK welcome the reform brought by the Amendment Act 1448/2016. The Committee further notes the Government’s indications according to which the 2013 amendments aimed at improving the employees’ rights by requiring employers to provide information on the estimated termination date of fixed-term contracts. The Government does not provide information on the impact of such amendments in practice. The Committee requests the Government to indicate whether, beyond the limitation in time of the fixed-term contracts, other safeguards have been put in place with a view to avoiding the use of contracts of employment for a specified period of time the aim of which is to avoid the protection resulting from the Convention. It also requests the Government to provide information on the impact of this measure on the employment of long-term unemployed jobseekers. Furthermore, the Committee requests the Government to indicate whether a maximum length of use of fixed-term contracts is contemplated for workers other than long-term unemployed jobseekers. Finally, the Committee reiterates its request to provide information regarding the impact of the 2013 amendments to the Employment Contracts Act on the use of fixed-term contracts.

Article 4. Valid reason for termination. The Committee notes the Government’s indication that the Amendment (No. 127/2019) to the Employment Contracts Act, entered into force on 1 July 2019, requires considering the number of employees of the employer when assessing the appropriateness of the termination of an employment contract (chapter 7, section 2). The Government indicates that this reform aims at taking into account that small employers are less able to withstand the consequences of an employee’s misconduct. The Committee also notes the observations from the SY according to which the lack of clarity regarding the valid grounds of termination poses important legal and financial risks for the employers. The Committee further takes note of the EK’s concerns that the reform may not have a significant impact on the validity of terminations. The Committee observes that the Convention subjects the termination of employment to the condition that there is a valid reason for such termination either connected with the capacity or conduct of the worker or based on the operational requirements of the undertaking, establishment or service. In the present case, the Committee notes that the fact that the national legislation enables differentiation according to the size of the enterprise in order to determine the validity of a termination corresponds to the possibility in the Convention to base the termination on the operational requirement of each specific undertaking. The Committee nonetheless requests the Government to provide complementary information on the impact of the Amendment Act (No. 127/2019) on the validity of terminations and potential developments as to the grounds considered valid taking into account the size of the enterprise, including examples issued from judicial decisions in that regard. Noting the comments made by SY and EK, the Committee invites the Government to supply information on measures taken or envisaged with a view to introducing greater legal clarity and certainty in the national legislation as regards what constitutes valid reasons for termination. In addition, it requests the Government to provide an updated copy of the Employment Contracts Act (incorporating amendments made after 2018).

Article 13. Consultation of workers’ representatives concerning termination of employment for economic, technological, structural, or similar reasons. As regards the operation of the consultation mechanisms on termination of employment, the Government refers to an ongoing comprehensive reform of the Act on Co-operation within Undertakings (Co-operation Act), which aims at enhancing the role of workers’ representatives in negotiations, particularly concerning decisions that significantly affect employees, such as reductions in workforce. The Committee notes the observations from the SY according to which, as it stands, the Co-operation Act does not fulfil its purpose of promoting co-operation among workers and employers. The Committee also takes note of the EK’s observations according to which the reform of the Co-operation Act does not provide for the flexibility that is needed to improve the cooperation between employers and workers. The Committee notes that the New Co-operation Act (1333/2021) entered into force on 1 January 2022. The Committee requests the Government to provide an assessment of the impact of the New Co-operation Act regarding the consultation of workers’ representatives in relation to the termination of employment for economic, technological, structural, or similar reasons.

Mitigating the effects of termination of employment for economic, technological, structural or similar reasons. The Committee notes the Government’s indication that, following the entry into force on 1 January 2017 of the Amendment (1448/2016) to the Employment Contracts Act, the duration of the obligation for employers to rehire their former employees who had been given notice for economic or production-related reasons, when new employees are needed for the same or similar work, is reduced from six to four months (chapter 6, section 6). This reform does not apply if the employment relationship had lasted for at least 12 years prior to termination. The Committee requests the Government to provide information on the impact of amendment on the rate of re-employment after dismissals for economic, technological, structural, or similar reasons. The Committee also requests the Government to indicate whether there are mechanisms whereby workers’ representatives may be involved in facilitating such re-hirings.

Application of the Convention in practice. As regards the application of the Convention in practice, the Government indicates that, in the period 2017–20, the number of cases lodged in relation to the termination of employment contracts declined regarding cases in the district courts (557 cases in 2017 and 463 cases in 2020) as well as cases in the Supreme Court (5 cases in 2017 and 1 case in 2020), while remaining the same regarding the Court of Appeals (84 cases) and the Labour Court (2 cases). The Committee also notes that the number of terminations based on financial or production-related grounds increased during the period 2016–20 (43,488 terminations in 2016 versus 46,140 terminations in 2020). The Government indicates that statistics on the outcomes of the appeals against unjustified dismissals are not available. The Committee requests the Government to continue to provide updated information on the manner in which the Convention is applied in practice, including statistics on the activities of the bodies of appeal (such as the number of appeals against unjustified dismissals, the outcome of these appeals, the nature of the remedy, the average time taken for deciding an appeal) and the number of terminations for economic or similar reasons. The Committee further asks the Government to indicate potential practical difficulties encountered in the implementation of the Convention, and measures taken or contemplated in this regard.

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

The Committee notes the observations of the Central Organization 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), communicated together with the Government’s report.

The Committee notes the information provided by the Government in response to its previous comments, indicating that the wage subsidy system was reformed through the adoption of Act No. 1366/2014, which amended the Act on Public Employment and Business Services, entering into force on 1 January 2015. Act No. 1366/2014 establishes a sliding scale for wage subsidies that increases the amount and maximum duration of the subsidy the longer the person has been unemployed. Subsidies are facilitated where the person is over 60 years of age and has been unemployed continuously for at least 12 months. In addition, the Government indicates that subsidies granted due to disability or illness may be permanent where the employment and economic development office determines that the impairment is of a permanent nature.

Articles 2(2) and (3) of the Convention. Adequate safeguards against recourse to fixed-term employment contracts. The Committee notes the Government’s indication that the number of persons employed in government agencies and institutions on fixed-term contracts declined during the reporting period, from 13.9 per cent in 2011 to 12.5 per cent in 2015. The Government adds that the number of central government personnel has declined significantly, having dropped to 3.1 per cent of all persons in employment.

Act No. 873/2012 amending Chapter 2, section 4 of the Employment Contracts Act No. 55/2001 entered into force on 1 January 2013. Act No. 873/2012 applies to all fixed-term employment relationships and require employees in such relationships to be informed of the date of termination of the contract, or its estimated date of termination, including whether it is connected to the completion of the work, the end of a period of substitution, or some other objective reason.

The Government indicates that, according to subsection 4, the information must be provided upon request of the temporary agency employee, even if the contract has been made for less than one month. The Government adds that this subsection was supplemented so that when a temporary agency worker on a fixed term contract is assigned for use by a user-employer, the information provided by the temporary work agency must include details about the reason for and duration, or estimated duration, of the assignment. This obligation aims to provide temporary agency workers with the possibility of determining, based on the duration and reason for the user enterprise’s order underlying the temporary agency contract, whether there are legal justifications for signing a fixed-term temporary agency worker’s contract. The Committee notes that the 2013 amendments to the Employment Contracts Act take into account a 2012 Supreme Court decision that examined a situation in which the company providing temporary employers (temporary agency) had signed a fixed-term employment contract with an employee, and according to the contract’s terms, the fixed-term employment relationship would be terminated when the customer company’s (user enterprise) assignment for the employee ended. On the basis of the justifications stemming from the ruling of the Supreme Court it was held that the employment contract should be regarded as permanent. The Committee requests the Government to provide information on any further legislative developments, particularly any reforms of the Employment Contracts Act on facilitating the use of fixed-term employment contracts and extending trial periods and to provide a copy of such reforms once they are adopted. Please also continue providing information on the maximum length of use of fixed-term contracts and on the impact of the 2013 amendments to the Employment Contracts Act.

Article 13. Consultation of workers’ representatives concerning termination of employment for economic, technological, structural or similar reasons. In response to the Committee’s previous comments, the Government indicates that a tripartite working group had deliberated on problems in interpretation connected with the application of the 2014 Act on Cooperation Within Undertakings. The Cooperation Ombudsman raised the problems identified by the tripartite working group in a proposal to amend the Act, which was presented to the Ministry of Employment and the Economy and in a statement of the Labour Council. In addition, an amendment to the Act on Occupational Safety and Health Enforcement and Cooperation on Occupational Safety and Health at Workplaces (44/2006) is before Parliament for consideration. The Committee requests the Government to continue to provide information on the operation of the consultation mechanisms with workers’ representatives on terminations of employment for economic, technological, structural or similar reasons.

Application of the Convention in practice. The workers’ organizations observe that the 2013 amendments to the Employment Contracts Act clarify the legislation related to fixed-term employment contracts and increased the amount of information provided to temporary agency workers, enabling them to evaluate the basis for the fixed-term nature of their employment contract, thereby improving the situation of temporary agency workers. In addition, the workers’ organizations observe that the Act on the Contractor’s Obligations and Liability when Work is Contracted Out has been amended to require contractors to provide information upon request to staff representatives on the reasons for using temporary agency work. They consider that the legislative situation has improved, but point out that no studies have yet been carried out so far to determine the impact of the amendments in practice. The workers’ organizations observe that, in 2015, Statistics Finland found that 83,000 persons were on “on call” employment contracts in which they agreed to be called in to work only when needed, which in effect means that they are not entitled to a notice period. Such “on call” contracts are used in temporary agency work, but also increasingly in other employment relationships. The EK welcomes the steps taken by the Government to lower the threshold for employment by making it easier to sign fixed-term employment contracts and extending trial periods; however, it notes that the facilitation of fixed-term employment relationships remains a limited opportunity when compared to the objectives of the Government Programme. The EK noted that the reforms to the Employment Contracts Act are supported by the entrepreneur survey of April 2016, which included replies from 761 entrepreneurs, indicating that facilitating the use of fixed-term contracts would significantly increase their recruitment intentions. The Committee requests the Government to provide general information on the manner in which the Convention is applied in practice, including, for example, available statistics on the activities of the bodies of appeal (such as the number of appeals against unjustified dismissal, the outcome of such appeals, the nature of the remedy awarded and the average time taken for an appeal to be decided) and on the number of terminations for economic or similar reasons. Please also indicate any practical difficulties encountered in the implementation of the Convention, and measures taken or envisaged in this regard.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Parts IV and V of the report form. Practical information on the application of the Convention. The Committee notes the Government’s report received in September 2011 and the comments from the Central Organization of Finnish Trade Unions (SAK), the Confederation of Unions for Academic Professionals in Finland (AKAVA), and the Finnish Confederation of Salaried Employees (STTK). In reply to the previous observation, the Government indicates that the share of fixed-term government employees has progressively diminished and currently stands at less than 11 per cent of all personnel. The practices for examining individual cases concerning fixed-term personnel are being developed in cooperation with workers’ organizations.

The Government also indicates that employment subsidies may be granted for ten months, at most, per person at a time, or for the whole duration of apprenticeship training. For the purposes of providing employment for a jobseeker with reduced employment capacity or a person with disabilities, pay subsidies may be granted for 24 months, at most, per person at a time. In 2010, state employment appropriations were allocated to 43,000 persons based on decisions to grant a pay subsidy or decisions to hire employees. Of the 43,000, 6 per cent found work in the public sector, 32 per cent in the municipal sector, and 62 per cent in the private sector. In the private sector, 49 per cent were placed in fixed term employment relationships. The Committee invites the Government to continue to provide information on subsidized employment.

The Committee notes the comments by the SAK and AKAVA indicating that one problem related to termination of employment and temporary agency work is how an agreed temporary agency employment relationship may be terminated in advance on the grounds of the client’s general discontent with the temporary agency worker, without any legal grounds for termination. In its comments, the STTK highlights the threat imposed by changes in the different types of work to the application of Convention No. 158. As the regulation on fixed-term and part-time employment becomes stricter, other forms of work and work-related arrangements, such as temporary agency work, project-based work, assignments, various forms of self-employment and subcontracting have increased. The STTK further indicates that analysing the changes in the different types of work and finding solutions is part of the tripartite development of working life included in the government programme. The Committee invites the Government to include data in its next report on the activities of the bodies of appeal and to provide information on the legislative developments resulting from tripartite consultations on the matters covered by the Convention.

Article 2(3) of the Convention. Adequate safeguards against recourse to fixed-term employment contracts. The Government reports that the tripartite working group appointed by the Ministry of Employment and the Economy completed its report on fixed-term employment relationships in February 2007. The changes in legislation prepared on the basis of the working group’s proposals entered into force at the beginning of 2008. The goal of these legislative changes was more thoroughly planned grounds for future fixed-term employment contracts, as well as bringing the grounds to the attention of employees. An amendment to the Employment Contracts Act (1224/2010), entered into force at the beginning of 2011, specifying the provisions concerning the permissibility of use of repeated fixed-term employment contracts. The Government indicates that the amendment was prompted by the Supreme Court Decision KKO 2010:11, evaluating the permissibility of use of repeated fixed-term employment contracts in situations where the operations of the employer company’s day-care service were based on annual, fixed-term purchase agreements with the city administration. Following the amendment, section 3(2) of the Employment Contracts Act now states that an employment contract is valid indefinitely, unless concluded for a fixed term on the basis of a justified reason. Employment contracts made for a fixed term on the employer’s initiative without a justified reason shall be considered to be valid indefinitely. According to section 3(3) of the Employment Contracts Act, the use of repeated fixed-term employment contracts is not permissible if the number of fixed-term contracts, their combined duration or the total employment they represent show the employer’s demand for labour to be permanent. The Public Servants Act lays down the grounds that justify the appointment of a person in a public service position or employment relationship for a fixed term. According to the Act, a person, who considers that the appointment in a fixed-term public service position or public service employment relationship concluded for a fixed term is not compliant with the grounds laid down in the Act, is entitled to demand compensation within six months of the termination of employment. The system for appointing public servants for a fixed term deviates from the system under the Employment Contracts Act most significantly in the way that a public servant appointed for a fixed term without grounds laid down in the Public Servant Act may receive compensation, but the employment relationship will not be regarded as an open ended one. However, the objective of both systems is the same: to prevent undermining the employment security of public servants and employees. The Committee invites the Government to continue providing information on the maximum length of use of fixed-term contracts in such instances, and their impact. It also invites the Government to include in its next report copies of the decisions rendered applying section 3(2) and (3) of the Employment Contracts Act.

Article 13. Consultation of workers’ representatives concerning terminations of employment for economic, technological, structural or similar reasons. The Government indicates that cooperation and the pursuit of consensus are highlighted significantly in the Act on Cooperation within Undertakings and its provisions on various cooperation procedures. Various situations in addition to the termination of employment require the use of cooperation procedures. The scope of the Act was expanded and it is applied, subject to certain exceptions, to enterprises normally employing at least 20 persons. The employer is required to submit the enterprise’s fixed-term and part-time employee data to the representative of each personnel group on a quarterly basis. The Act on Cooperation within Undertakings enhances the shared practices related to the use of external workforce in workplaces. Moreover, the regulations on negotiation periods have been simplified. The employer must initiate the negotiations and present all information relative to the case with sufficient notice to allow the employees or the representatives of personnel groups to prepare for the negotiations in addition to discussing the information among themselves and with the employees they represent. In cases of reducing the number of personnel, the initiative must be made five days prior to commencing the negotiations. The minimum period of negotiations concerning termination of employment, redundancies or reassignments to part-time work was extended from seven to 14 days, if the measures are targeted at less than ten employees. In cases where the measures target more than ten employees, the negotiation period remains at six weeks. However, if the enterprise has between 20 and 29 employees, the minimum negotiation period is 14 days. The Committee notes that a Cooperation Ombudsman was appointed at the beginning of July 2010 to work in conjunction with the Ministry of Employment and the Economy, and was tasked with supervising the compliance of the Act on Cooperation within Undertakings and other legislation concerning the personnel participation systems, as well as providing instructions and advice on the application of laws. The Cooperation Ombudsman is also authorised to invite the employer to correct procedures that violate the law, to bring matters under preliminary investigation, and in certain cases, demand the court to impose a conditional fine. The Committee invites the Government to continue to provide in its next report information on the operation of the consultation mechanisms with workers’ representatives on terminations of employment for economic, technological, structural or similar reasons.

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

1. Article 2, paragraph 3, of the Convention. Adequate safeguards against recourse to fixed-term employment contracts. In reply to its 1999 observation, the Committee notes the information contained in the Government’s report for the period ending May 2006 and the State Civil Servants’ Act (No. 750 of 2004) attached to its report. The Committee particularly notes that the Employment Contracts Act (No. 55 of 2001) entered into force on 1 June 2001. With reference to previous comments, the Government states that this Act repealed the provision temporarily extending the possibilities of concluding employment contracts for a fixed-term when demand was unstable for the services in an enterprise (No. 56 of 1997).

2. The Central Organisation of Finnish Trade Unions (SAK) and the Confederation of Unions for Academic Professionals in Finland (AKAVA) argue that the protections afforded by the Convention and the Employment Contracts Act are being eroded by the following practice. Employers are hiring employees to work for customers. The employees are hired on fixed-term contracts aligned to the length of the contract between the employer and the customer. The fixed-term contracts are justified on this basis even though the customer’s need for employees is ongoing. According to the SAK and the AKAVA, in this case the provisions on temporary work relations are eluded.

3. With reference to previous comments, the Government explains that according to the Public Employment Services Act (No. 1295 of 2002), the purpose of subsidized employment is to improve the labour market position of a person by promoting placement at work and improving vocational and other skills. Fixed-term contracts are used to support particularly the employment of the long-term unemployed, young persons and disabled workers to prevent the lengthening of periods of unemployment and to level out regional differences in unemployment. In this regard, the Government indicates that at the end of June 2006, 38,300 persons had been employed through the Labour Administration’s employment subsidy measures, 1,400 less than the figures of the previous year. Of those that had been placed, 6 per cent were working for the State, 25 per cent for municipalities and 69 per cent in the private sector, and the objective is to further increase the share of the private sector. The Finnish Confederation of Salaried Employees (STTK) alleges that fixed-term contracts are to a great extent used in the public sector (20–30 per cent of the public sector’s employment relationships) despite the fact that the Employment Contracts Act requires hiring persons for a permanent employment relationship when the need for labour is permanent. The Committee asks the Government to indicate what safeguards have been provided to guarantee fixed-term contracts are not used in practice with the aim of avoiding the protection resulting from the Convention, providing examples of how the notion of “justified reasons” in the Employment Contracts Act is used in public and private sectors. In this respect, the Committee would appreciate receiving information on the subsidized employed persons, the maximum length of use of fixed-term contracts in such instances, and their impact.

4. Article 13. Consultation of workers’ representatives concerning terminations of employment for economic, technological, structural or similar reasons. The Committee notes that the Government indicates in its report that the Ministry of Labour Committee, discussing the reform of the Act on Co-operation within Undertakings (725/1978), proposes the adoption of a new Act. The Committee asks the Government to keep it informed about any legislative change on the consultation of workers’ representatives on terminations of employment for economic, technological, structural or similar reasons.

5. Parts IV and V of the report form. Practical information on the application of the Convention. Please continue providing available information on the manner in which the provisions of the Convention are applied in practice, including any relevant judicial decision involving questions relating to the application of the Convention.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the information contained in the Government's report for the period ending May 1999.

Article 2. 1. With reference to previous comments, the Government explains that Article 9, sections (1) and (2) of the State Civil Servants Act lists the conditions under which a fixed-term contract is permissible, and that Article 56 of the Act states that if a fixed-term contract is not justified under Article 9(1) or (2) and the employer terminates the employment, the worker is entitled to a severance allowance of a minimum of six months' salary and a maximum of 24 months' salary. The Committee requests a copy of this Act, including the most recent amendments, as the copy available in the Office contains amendments only up to 1989.

2. The Government states that it has temporarily amended the Employment Contracts Act for the period from February 1997 through December 1999 to permit the use of fixed-term contracts when demand is unstable for the services in an enterprise. The amendment also removes the prohibition on "chains of contracts" but does not specify whether this measure is also temporary. The Finnish Confederation of Salaried Employees (STTK) considers that the abuse of fixed-term contracts has increased because it is left to the discretion of the employer to determine whether he or she falls within this exception. The Committee would appreciate receiving further information on whether this amendment to the Employment Contracts Act is allowed to expire on 31 December 1999 or is renewed (and if renewed, the Committee requests a copy), whether the lifting of the prohibition on chains of contracts is temporary, and whether consultation with the organizations of employers and workers concerned took place prior to adopting the amendment. It also asks the Government to provide further information on what body determines whether demand for services in an industry is sufficiently unstable for this exception to be invoked.

3. The Central Organization of Finnish Trade Unions (SAK) alleges that there is a high rate of evasion of the laws protecting job security in the hotel and restaurant industries due to contracting out of labour and the use of fixed-term contracts on a rotating basis. The SAK alleges that a substantial number of workers are pressured into becoming self-employed as a means of evading the protection against unjustified dismissal. The Committee asks the Government to provide details on what safeguards exist to prevent recourse to fixed-term contracts or involuntary self-employment, with the aim of avoiding the protection resulting from the Convention, as required by Article 2, paragraph 3.

4. The STTK also points out that the Government has instituted a policy of allowing long-term unemployed workers to be hired on fixed-term employment contracts of at least six months' duration without any work-related grounds. The Committee notes that the use of fixed-term contracts for a limited period in such cases may be justified as part of a policy which attempts to balance the goals of protecting employment and reducing long-term unemployment. However, the Committee stresses that the Government should make every effort, in consultation with workers' and employers' organisations, to minimize the cost to the individuals directly affected. The Committee would appreciate receiving more detailed information on this policy, including its legal basis and the process by which it is implemented, the number of such unemployed persons engaged on fixed-term contracts, the maximum length of use of fixed-term contracts in such instances, and its impact.

Article 11. The SAK alleges that "stand-by" workers (engaged on a part-time basis) can be laid off without notice. The Committee asks the Government to clarify whether part-time workers are also entitled to notice before termination of employment.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the Government's report and the information it contains in reply to its request, as well as the comments made by the Central Organization of Finnish Trade Unions (SAK) and the Finnish Confederation of Salaried Employees (STTK) transmitted with the report. It would be grateful if the Government would supply in its next report further information on the following points.

Article 2, paragraph 3, of the Convention. In its comments, the SAK notes that the State Civil Servants Act does not, in contrast to the Contracts of Employment Act, include any provision against repeated recourse to successive contracts for fixed periods of time. Please indicate whether guarantees have been provided against the use in the civil service of successive contracts for fixed periods of time, with a view to avoiding the protection arising from the Convention.

Parts IV and V of the report form. Please continue to provide the information required on the application in practice of the Convention.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee takes note with interest of the Government's first report on the application of the Convention. It also notes the comments made by the Central Organization of Finnish Trade Unions (SAK) and the Confederation of the Unions for Academic Professionals in Finland (AKAVA) communicated with the Government's report. The Committee would be grateful if, in its next report, the Government would provide additional information on the following points:

Article 1 of the Convention and point I of the report form. The Committee notes the statements made by the SAK and the AKAVA concerning the insufficiency of protection of municipal officeholders against unjustified dismissals. It would be grateful if the Government would supply, with its next report, copies of municipal regulations and official model approved by the Executive Board of the Commission for Local Authority Employers in 1992, to which the Government refers in its report, as well as the texts of the relevant collective agreements, in order to enable the Committee to assess the implementation of the Convention in regard to this category of employed persons, which, according to the report, is not excluded from the application of the Convention.

Article 4. The Committee notes that section 47 of the State Civil Servants Act 755/86 lays down a list of categories of civil servants whose employment may be terminated on certain additional grounds. It would be grateful if the Government would describe in more detail these additional grounds for termination of employment and supply texts of the relevant collective agreements and the relevant decisions of the bodies of appeal, if available.

Article 9, paragraph 3. Please indicate whether bodies of appeal are empowered to determine whether the termination of employment was indeed for reasons based on the operational requirements of the undertaking, establishment or service. Please also indicate the extent to which these bodies are empowered to decide whether these reasons are sufficient to justify the termination.

Article 13, paragraph 1(b). Please indicate by what method of implementation referred to in Article 1 it is ensured that the representatives of the civil servants concerned are given an opportunity of consultation on measures to be taken to avert or to minimize the terminations and measures to mitigate the adverse effect of any terminations on the employees concerned such as finding alternative employment.

Point V of the report form. Please provide general information on the manner in which the Convention is applied in practice, including for example available statistics on the activities of the bodies of appeal (such as the number of appeals against unjustified termination, the outcome of such appeals, the nature of the remedy awarded and the average time taken for an appeal to be decided) and on the number of terminations for economic or similar reasons. Please indicate any practical difficulties encountered in the implementation of the Convention.