Demande directe (CEACR) - adoptée 1992, publiée 79ème session CIT (1992)

The Committee notes the information provided in the report of the Government in reply to its previous observation, concerning the burden of proof in discrimination cases, the elaboration of equality plans, the introduction of a special equity allowance for sectors with a high predominance of females and the establishment of a working group to study classification systems. It also notes the information provided in the report concerning the implementation of the Government's equality programme 1980-85 and the Government's statement that many of the objectives of the programme were achieved.

1. The Committee notes with interest the following legislative amendments referred to by the Government in its report:

- an amendment to the Contracts of Employment Act (in 1990), to improve the position of part-time workers who are predominantly women;

- the amendments to the pension legislation (Acts Nos. 100-105 of 1990) to grant widowers the same rights granted to a widow's pension as widows;

- the adoption of the Aland Equality Act of 1989, which contains similar provisions as the State of Finland Equality Act.

2. The Committee notes from the Government's report that only a few plans have been drawn up under paragraph 4 of section 9 of the 1986 Equality Act, as they are not obligatory. It thus welcomes the following initiatives to develop or implement such plans:

- The issuance by the Ministry of Finance on 29 January 1990 of a recommendation on promoting equality in state offices and agencies. According to the Government's report, the recommendation requires state agencies and offices to draw up itemised plans to promote equality which should include a number of objectives such as increasing job mobility, promoting women's careers and introducing job proficiency tests. The Committee requests the Government to provide information on the formulation of such plans and their impact in the workplace.

- The proposal by the State Equality Working Group that the Council of State should decide on the authorities' equality plans. The Committee requests the Government to keep it informed of the status of this proposal and the contents of the equality plan adopted.

- The implementation of the labour administration's equity plan for 1990-92. The Committee requests the Government to provide information on the evaluation of the plan, if any is done, and on the results of the plan in terms of fulfilling its aim of promoting equality and improving women's position in working life.

3. With respect to its previous direct request concerning the investigations carried out by the Equality Ombudsperson's Office, the Committee notes with interest the publication "Same job, same pay" which the Government indicates has been used as a basis in equal pay cases. The Committee also notes that the study on sexual harassment in the workplace should be completed in 1992; it requests the Government to provide information on the results of the study in its next report.

4. The Committee notes the information provided by the Government concerning publications of the advisory board on state personnel policy and asks the Government to continue to provide information on publications and policies issued which are relevant to the Convention.

5. The Committee notes the amendment to the Contracts of Employment Act (No. 284 of 1988) which added provisions of temporary and partial care leave to the maternity, paternity and parental leave. It also notes from the statistics supplied by the Government that in 1989 while 36 per cent of fathers took paternity leave, only 3.9 per cent of fathers took parental leave. The Committee requests the Government to indicate the measures contemplated or taken to encourage fathers to take parental leave.

6. In its previous direct request, the Committee had noted the presence of Sami and Romany (gypsy) populations in the country and requested information on measures taken for the promotion of equality for ethnic groups. The Committee notes with interest that the Ministry of Justice has set up a working group to investigate the forms of discrimination in ethnic groups and to determine the need, if any, of related legislation. The Committee requests the Government to provide information on the findings of the working group and any proposals or recommendations it makes.

7. The Committee notes from the Government's report submitted to the 37th Session of the UN Committee on the Elimination of Racial Discrimination (CERD/C/185/Add.1, 1989) that a task force for the Penal Code Reform has prepared a proposal for a new penal provision on discrimination which would enlarge the scope of criminal discrimination. The Committee requests the Government to provide information on the status of the proposal, and to supply a copy of any text adopted.

8. The Committee notes the information provided by the Central Organisation of Finnish Trade Unions (SAK) that according to the 1989 study of equality in working life conducted by employee organisations, the most important equality issues were pay differentials between men and women, division of labour according to sex, women's low representation in preparatory work, decision-making and unequal use of rights pertaining to family policy. In its opinion, the adoption of the Equality Act has not improved the situation in these respects.

The Committee also notes the statement by the Confederation of Salaried Employees in Finland (TVK) that a lack of systematic planning of equality in working life makes it difficult to achieve the objectives of the Convention.

The Committee asks the Government to continue to supply information in its reports on measures taken to give effect to the Convention. It further requests the Government to indicate the manner in which the workers' and employers' organisations and other relevant bodies participate in the implementation of the national policy to promote equality of opportunity and treatment in employment and occupation.