Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

The Committee notes the Government’s report and the comments of the Central Organization of Finnish Trade Unions (SAK) included therein.

Article 1 of the Convention. Legislative developments. The Committee notes the amendments to the Equality Act (Act on Equality between Women and Men (609/1986)) providing definitions of sexual harassment and harassment and amending the rules on compensation, and to section 7 of the Anti-Discrimination Act (21/2004) concerning inherent job requirements. It also notes that the Equality Committee working on the reform of the equality and non-discrimination legislation was due to complete its work in October 2009. The Committee requests the Government to ensure that the new legislation will cover all the grounds listed in Article 1(1)(a) of the Convention, notably race, sex, colour, religion, national extraction, political opinion and social origin, as well as the other additional grounds already listed in the Act, and to provide information on any progress made.

Discrimination on the ground of pregnancy. With respect to discrimination based on pregnancy in the context of fixed-term employment relationships, the Committee notes the Government’s explanations regarding the provisions in the Employment Contracts Act (55/2001) and the Equality Act protecting pregnant employees and employees on parental leave against termination of employment, and in particular the provisions in the Equality Act prohibiting the non-renewal of fixed-term employment contracts on the basis of pregnancy or the limitation of the duration of such contracts until the beginning of a maternity, paternity or parental leave period. It also notes the Government’s indication that the Ministry of Labour’s tripartite working group, after having reviewed the parental leave regulations in 2005, found that the current legislation was sufficiently clear. Rather than amending the legislation, the tripartite Committee recommended that the contents of the regulations in the Equality Act be explained in training and communications regarding recruitment and employment conditions. The Committee further notes the cases involving discrimination in termination of employment on the basis of pregnancy under the Equality Act dealt with by the courts. The Committee asks the Government to provide information on the specific measures taken to ensure that the relevant provisions in the Equality Act and Employment Contracts Act protecting against discrimination on the ground of pregnancy and against employees taking parental leave, including in the context of fixed-term employment relationships, are effectively enforced, and sufficiently known and understood by workers and employers, and their organizations. Please continue to provide information on relevant cases brought to the attention of the courts and other competent bodies under the Equality Act, regarding violations of the legislative provisions protecting against discrimination on the basis of pregnancy in the context of fixed-term employment relationships.

Article 2. Measures to promote gender equality – gender equality plans. The Committee notes that a report was to be submitted to Parliament in 2009 on the functionality of the Equality Act, in particular on equality planning, and that surveys conducted for this purpose in 2008 and 2009 indicated that equality plans remained modest in many workplaces (63 per cent of all workplaces obliged to prepare a plan). Also, most plans were adopted in the government and municipal sectors. The greatest impact of the equality plans was felt with respect to reconciliation of work and family life and by achievements in decreasing sexual harassment and discrimination. However, in many cases the staff participation requirements in the preparation of the plans had not been implemented. The Committee further notes that the SAK is dissatisfied with the progress made in equality planning as only 58 per cent of the workplaces with over 30 employees had prepared an equality plan. According to the SAK, most discrimination was detected in the private services sector and corrective measures have only been taken in one third of the cases where discrimination was found. The Committee further notes that some steps have been taken to disseminate information on and provide support to equality planning in the workplace. The Committee asks the Government to provide information on the findings of the report on the functionality of the Equality Act, and any follow-up action given in this regard. Please also indicate any impact achieved of the activities aimed at disseminating information and support to equality planning in the workplace, especially in the private sector, on the number of equality plans adopted and pursued and measures taken to ensure greater participation of workers and trade unions in equality planning. Please indicate the number of enterprises fined or otherwise penalized for non-compliance with the requirement to prepare and submit an equality plan, and any corrective action taken in this regard.

Occupational segregation. The Committee notes that one of the measures taken to address occupational gender segregation was through a project launched in 2008 aimed at enhancing gender awareness in teacher training. The Committee also notes that a new action plan for gender equality was adopted for 2008–11 focusing on gender mainstreaming, reducing gender pay differentials, promoting women’s careers, increasing gender awareness in schools and reducing gender segregation, reconciliation of work and family life, reducing violence against women and reinforcing gender equality at work. An interim report on the implementation of the plan for gender equality was to be submitted in 2009. The Committee asks the Government to provide information on the impact of the project launched in 2008 on gender awareness in teacher training, and to provide information on the implementation of the Gender Equality Plan
2008–11. Noting that the first report on gender equality of the Ministry of Social Affairs and Health assessing gender equality policy over the past ten years was approved in October 2010 and submitted to Parliament, the Committee asks the Government to provide a copy of the report and a summary of its findings, recommendations, as well as follow-up action taken.

Measures to combat racial and ethnic discrimination. The Committee notes the activities under the national awareness raising campaign “YES – Equality is priority” focusing on new forms of positive action to be developed and tested in the area of employment and entrepreneurship. Activities implemented during 2008–09 consisted of training of local employment and enterprise offices personnel to address equality, non-discrimination and diversity issues, including ethnic origin, and of training of shop stewards and trustees, teachers of educational institutions of trade unions and people in charge of equality in trade unions. A guidebook for trade unions has been prepared and other materials for employers and employees and work communities will be developed. The Committee asks the Government to continue to provide detailed information on measures taken to combat racial and ethnic discrimination in employment and occupation, and information on any positive action that has been taken following training provided under the campaign “YES – Equality is priority”.

Access to traditional occupations of the Sami people. The Committee recalls its previous comments regarding the legal uncertainty surrounding the question of land rights in the Sami homeland, and the need to ensure the Sami’s access to their traditional occupations, particularly in light of section 2 of the Non-Discrimination Act referring to conditions for access to self-employment or means of livelihood. The Committee notes the information on the labour market training opportunities provided by the Employment and Economic Development Centre for Lapland and the Employment and Economic Development Offices during the period 2007–09 aimed at supporting the practice and continuity of the Sami culture and/ or Sami sources of livelihood in particular, as well as the difficulties encountered to provide such labour market training in Sami regions. It further notes that the Lapland Vocational College is implementing a project until 31 December 2011 on diverse learning environments in the reindeer farming business, targeting 2,175 reindeer farming entrepreneurs. The Committee asks the Government to provide information on the number of Sami people having participated in the various vocational training opportunities offered and the manner in which such training has facilitated the exercise of their traditional occupations. It reiterates its requests to the Government to indicate the specific measures taken, in cooperation with the Sami Parliament, to ensure access of the Sami people to their traditional occupations, and the results achieved.

Access to employment and occupation of the Roma and other ethnic minorities. The Committee notes that Finland is preparing its first national policy on Roma striving to promote equality and non-discrimination of the Roma population based on the report of 2009 of the Ministry of Social Affairs and Health, entitled “The proposal of the Working Group for a National Policy on Roma. Working Group report”. It also notes that the study “Long way for the Roma to the labour market” (2008) found that the Roma face many and varied barriers to employment, especially due to low levels of education and a general lack of vocational training and work experience. The lack of suitable jobs, the special cultural features of the Roma, their own attitudes as well as deep-rooted prejudices and the negative views other people have of them, are further barriers to employment. The Committee asks the Government to provide a copy of Finland’s first national policy on Roma, once finalized, and information on any follow-up action being taken. Please also provide further specific information on the impact of any of the measures already taken, including under the Equal Community Initiative Programme, on access of the Roma to employment and particular occupations. The Committee reiterates its request for information on the measures taken to promote access to employment and occupation of Russian-speaking and Somali communities.

Enforcement. The Committee notes the cases dealt with by the courts regarding non-application of the Equality Act, and the non-application of the section on discrimination at work in the Penal Code. It also notes that 120 cases concerning workplace discrimination were reported to the local occupational safety and health inspectorates in 2008 and that most contacts concerning workplace discrimination relate to health, gender and nationality. In 2008 the occupational safety and health authorities reported 51 cases and made statements in 55 cases concerning discrimination to the police. Consideration was given to pressing charges in 42 cases of discrimination, and charges were pressed in 19 cases. The Committee requests the Government to continue to provide information on cases of workplace discrimination handled by the occupational safety and health authorities, the police, the courts and other competent bodies under the Equality Act and the Non-Discrimination Act, with specific indications regarding their nature and outcome. Please also provide information on how the occupational safety and health authorities cooperate with the Ombudsman on Minorities and the Ombudsman on Equality to enforce the legislation on equality and non-discrimination.