Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Article 7(a) of the Convention. Maternity protection. The Committee notes that, according to the Government’s indication, Chapter 2, section 2(2), of the Employment Contracts Act (55/2001), as last amended in 2006, sets out the principle of equality of right between part-time and other types of workers, providing that part-time workers must not be placed under less favourable employment terms for the sole reason that they work part-time, and that the Supreme Court confirmed in its decision KKO 2008:28, ruling that working part time does not justify different treatment in an employee’s eligibility for incentive programmes. It also notes that, in accordance with these principles, part-time female workers benefit from various maternity protection measures, including maternity leave, special maternity leave and parental leave (Chapter 4, section 1, of the Employment Contracts Act), possibility to work during the maternity allowance period (Chapter 4, section 2), childcare leave (Chapter 4, sections 3–6), and transfer possibility to other work assignment suitable for their working capacity and suitable skill (section 11(2) of the Occupational Safety and Health Act (738/2002)).

Article 8. Thresholds for exclusion from social security schemes. The Committee notes the information provided by the Government that the minimum income to accrue pension, which is currently set at €47.08 per month, is fixed in collaboration with employers’ and workers’ organizations and is reviewed every year for adjustment following changes in wages and prices. It also notes that the national legislation provides for a minimum yearly income of €1,154 above which workers are entitled to a daily sickness allowance. Even persons whose income is below the threshold after completing a qualifying period of 55 days are entitled to the minimum sickness allowance (€15.2 per day for 2008).

Article 9. Access to part-time work. The Committee notes the information provided by the Government concerning employment promotion schemes, including the part-time pay supplement programme, under which supplementary payment can be granted in order to compensate for the reduction in earnings of employer agrees to hire at the same time an unemployed jobseeker registered at an employment office. The amount of part-time work pay supplementary benefit is half of the difference between the salary for full-time work and that for part-time work and is payable for 12 months at the most. It also notes that wage subsidy is provided to an employer who agrees to engage unemployed jobseekers, including part-time workers. This programme is aimed at the promotion of employment of young persons, long-term unemployed and disabled unemployed. The Committee requests the Government to continue to provide full particulars on all initiatives and policy measures aimed at promoting freely chosen part-time work but also protecting working people from involuntary part-time employment, especially women who make up the majority of part-time workers. The Committee would also be interested in receiving information on any measures designed to increase the motivation, commitment and job stability of atypical workers, such as part-time workers, for instance training opportunities, career advancement or access to occupational mobility.

Part V of the report form. Application in practice. The Committee would be grateful if the Government would provide up to date and documented information concerning the application of the Convention in practice, including, for instance, the approximate number of part-time workers, broken down by age and gender, and an indication of those who are excluded from the coverage of social security schemes; extracts from labour inspection reports containing the number and nature of infringements observed and the penalties imposed; copies of relevant collective agreements; recent surveys or studies relating to part-time employment, etc.