Demande directe (CEACR) - adoptée 1995, publiée 83ème session CIT (1996)

1. The Committee notes with interest the addition to the Penal Code through Act No. 578 of 1 September 1995 of the offence "discrimination in employment", defined as the placing of anyone in a disadvantaged position in job advertising, hiring or employment due to that person's race, national or ethnic origin, colour of skin, language, sex, age, family situation, sexual orientation or health status, religion, social opinion, political or union activities or any comparable circumstances. The Committee also notes that another offence, "discrimination", covers similar acts in the exercise of trade, public services or other official functions where they cannot be regarded as discrimination in employment. Noting that the relocation of these provisions to the Penal Code from the Contracts of Employment Act, the widening of their scope and the increase of the maximum prison sentence to six months are aimed at strengthening their preventive effect and the seriousness with which such offences are viewed, the Committee requests the Government to provide any available information on the effect of the new provisions, including, where available, examples of case law.

2. Discrimination on the grounds of sex. The Committee notes with interest the amendments to the 1986 Equality Act, made by Act No. 206 of 17 February 1995, which require, in section 6, employers to promote equality between the sexes by encouraging job applications from both sexes; promoting even numbers of men and women for different tasks and creating equal possibilities to advance; adapting working conditions to suit both men and women and facilitating the combining of work and family responsibilities for both sexes; and ensuring, to the extent possible, that employees are not subjected to sexual harassment. The Committee also notes that section 20 is amended so that the central employers' and workers' organizations (in addition to the Equality Ombudsman) may bring alleged discriminatory practices, especially in advertising vacant posts, before the Equality Board. Noting the Government's expectation that the amendments will contribute to greater equality on the Finnish labour market, the Committee asks to be kept informed of the practical impact of the amended Act.

3. In response to the Committee's earlier comments regarding women's career prospects, the Government draws attention to the requirement in section 6a of the amended Equality Act for employers in workplaces which regularly employ more than 30 people to include active measures to hasten the achievement of equality between men and women in their yearly personnel and training plans or in the workers' protection plans. Noting from the Government's report that the number of women in higher positions remains low despite a higher level of qualifications among women under 50 years of age as compared to men of that age, the Committee requests the Government to provide information on the monitoring of employers' efforts to comply with this provision (e.g. in their equity plans) and, in future reports, on any evaluation of the extent to which this requirement has contributed to establishing equality between men and women as regards hiring and promotion.

4. Noting from the Government's report that 30 people from the public and private sectors are involved in the equality consultancy training programme aimed at educating consultants in the drafting of plans for equality between men and women, the Committee requests the Government to keep it informed of the results obtained.

5. The Committee notes the Government's observation that great changes in the Finnish labour market during the 1990s have resulted in an increase in the number of "atypical" employment relationships, one of which is part-time work. In reply to the Committee's comments on women engaged in part-time work, the Government points out that although this number rose from 10.4 per cent in 1989 to 11.2 per cent in 1994, the rate of men engaged in part-time work rose from 4.1 per cent to 6.1 per cent during the same period. The Committee notes from the information submitted by the Confederation of Unions for Academic Professionals (AKAVA) that while 33 per cent of men under age 30 with a university degree are employed on temporary and fixed-term contracts, the corresponding figure for women is 53 per cent. The Committee further notes the comments of the Central Organization of Finnish Trade Unions (SAK) that the unemployment figure for women exceeded that of men in the summer of 1995 for the first time in several decades. In their comments, AKAVA and SAK share the concern that the economic recession and cuts in public expenditure have had a greater negative effect on women's employment opportunities than on those of men. The Committee asks the Government to indicate any measures taken to ensure that the increase in "atypical" employment relationships, many of which carry negative consequences as regards income and job-security, does not unfairly disadvantage women on the labour market. Noting the Government's programme prepared in spring 1995 to develop equality between the sexes in working life over 4 years (1996-99), the Committee asks the Government to inform it of any measures taken or under consideration (e.g. in the Ministry of Labour's labour market policy objectives using the European Social Fund) to strengthen its labour market policies in the field of equality of opportunity for women in all sectors of the economy.

6. The Committee notes the comments made by SAK in relation to section 27(4) of the State Civil Servants Act, 1994, according to which a civil servant who is pregnant, on parental leave or on care leave may be given notice if the agency concerned closes down. The Committee draws the Government's attention to the fact that such a practice, which is more likely to affect women and, in the case of pregnancy, affects only women, may lead to discrimination against women. It requests the Government to inform it of any measures taken to prevent such a development based on this provision.

7. Discrimination on the grounds of race, colour and national extraction. The Committee notes the Government's reference to its report submitted to the Committee on the Elimination of All Forms of Racial Discrimination, where it stated that discrimination against Rom in Finland is relatively common, and that Rom generally are thought to have difficulties finding jobs, partly as a result of their educational level being lower than average. Noting that the plan of action of the Ministry of Justice based on the findings of the working group on discrimination on the grounds of national extraction, which recommended an update of the legislation and administrative procedures in this field, is still pending, the Committee asks the Government to keep it informed of any developments in this regard.