CMNT_TITLE

CMNT_TITLE

The Committee takes note of the Government’s report as well as the comments made by the Confederation of Finnish Industries (EK), the Central Organization of Finnish Trade Unions (SAK), the State Employers’ Office (VTML) and the Commission for Local Authority Employers (KT) with regard to the possibility of civil servants, municipal and church officials carrying out strikes.

The Committee notes, in particular, that the SAK criticizes yet again (as in 2002 and 2003) the fact that the right to take industrial action of civil servants, municipal and church officials who do not exercise authority in the name of the State, is too restricted by collective agreement legislation. The Committee also notes that the KT reiterates previous comments to the effect that civil servants in municipalities are only those who exercise tasks involving public authority as a result of section 2 of the Act on Municipal Office Holders (304/2003) and section 44 of the Local Government Act (365/1995) as amended by the Civil Servants Act. The Committee also notes the comments made by the VTML to the effect that since the public sector restructuring of the 1990s, a public law employment relationship is mainly reserved to personnel whose tasks include direct use of public authority; restrictions on the right to strike of civil servants based on the Act on Collective Agreements for Civil Servants are essential in the public interest for the uninterrupted continuity of Government operations, for protecting the citizens’ constitutional rights and for addressing their basic needs.

The Committee takes note of this information. In the absence of specific information on any categories of public servants who do not exercise authority in the name of the State, the Committee can only recall that a broad definition of the concept of public servant would lead to a very wide restriction or even a prohibition of the right to strike for these workers, and that the prohibition of the right to strike in the public service should be limited to public servants exercising authority in the name of the State (General Survey of 1994 on freedom of association and collective bargaining, paragraph 158).

CMNT_TITLE

The Committee notes the information provided in the Government’s report, including the summary of the comments made by the Central Organization of Finnish Trade Unions (SAK), the State Employers’ Office (VTML) and the Commission for Local Authority Employers (KT).

The Committee takes note of the comments made by SAK to the effect that state civil servants or local government officials not exercising authority in the name of the State do not have the right to organize a protest strike against the Government’s economic and social policies due to restrictions concerning sympathy action. The Committee notes in this respect that, according to the Government, although civil servants have the right to undertake industrial action under the Collective Agreements for State Civil Servants Act No. 644/1970, duties related to the execution of public authority or the management of public responsibilities can involve certain limitations in this respect. Moreover, the Committee takes note of the comments made by VTML to the effect that no changes have been made or planned with regard to the limitation of the right to industrial action of state civil servants. The Committee requests the Government to indicate the particular categories of state employees concerned by these restrictions to industrial action.

With regard to local government officials, the Committee notes from the Government’s report, that certain statutory restrictions which currently apply to the right to strike of these officials will be overcome in practice as most municipal employees will eventually have a regular employment relationship which will enable them to undertake sympathy action, pursuant to changes implemented by local authorities, in order to reduce the number of personnel in permanent civil service relationships. The Committee also takes note of the comments made by KT according to which, pursuant to the amendment of the Local Government Act by the Civil Servants Act, municipalities and joint municipal boards are required to terminate posts in which no public authority is exercised and limit the exercise of public authority to holders of municipal office; thus, the status of employees who do not exercise public authority will be converted from a service to an employment relationship, affording them the right to undertake industrial action without restriction. The Committee takes note of this information and requests the Government to keep it informed of developments in the implementation of the Civil Servants Act by local authorities.

CMNT_TITLE

The Committee notes the information provided in the Government’s report, including the summary of the comments made by the Central Organization of Finnish Trade Unions (SAK), and the Confederation of Unions for Academic Professionals in Finland (AKAVA).

The Committee notes the comments made by the SAK that, due to restrictions concerning sympathy action, state civil servants or local government officials do not have the right to organize a protest strike against the Government’s economic and social policies. The Committee requests the Government to provide in its next report any observations it might wish to make on the SAK’s comments. The comments made by the AKAVA are being dealt with by the Committee in its examination of Convention No. 98.

CMNT_TITLE

The Committee notes the information provided in the Government's report, including the summary of the comments made by the Central Organization of Finnish Trade Unions (SAK), the Confederation of Finnish Industry and Employers (TT), the Employers' Confederation of Service Industries in Finland (Palvelutyönantajat) and the Finnish Confederation of Salaried Employees (STTK).

The Committee notes with satisfaction from the comments made by the TT and the Palvelutyönantajat that the last remaining requirements for Finnish citizenship were removed from sectoral agreements concerning the eligibility for the position of shop steward in the negotiations on collective agreements in spring 2000. The SAK reports that the citizenship restriction, which remained in force during the previous report period, has now been removed from the shop steward agreement for the hotel and catering industry. The Committee further notes with interest that the citizenship restriction for shop stewards has also been removed from the 1997 general agreement between the SAK and the TT and has been removed from the 1995 central shop steward agreement between the SAK and the Palvelutyönantajat. None of the other agreements mentioned in the report contain any limitations on the citizenship of shop stewards

CMNT_TITLE

The Committee notes the information provided in the Government's report, including the summary of the comments made by the Central Organization of Finnish Trade Unions (SAK), the Confederation of Unions for Academic Professionals in Finland (AKAVA) and the Commission for Local Authority Employers (KT).

The Committee notes that while under the new joint agreement between SAK and the Confederation of Finnish Industry and Employers (TT), the right of foreigners to be elected trade union officials is no longer limited, there still remain agreements in force in specific sectors requiring trade union officials to be Finnish citizens. In this regard, the Committee again requests the Government to indicate the manner in which it is ensured that those persons who are not Finnish citizens may take up trade union office, subject to a reasonable residency requirement. The Committee also requests the Government to provide further information concerning the scope of the exclusion of "employer officials" from eligibility as trade union officials, including a copy of the relevant Decree.

CMNT_TITLE

The Committee notes the information provided in the Government's report, as well as the comments made by 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).

The Committee notes with interest the adoption on 17 July 1995 of the Constitution Act of Finland which extends the right to freedom of association, including the right to form and join an association and participate in its activities, to all persons within the jurisdiction of the country.

The Committee also notes, however, the comments made by the SAK that certain branch-level collective agreements maintain the requirement that shop stewards be Finnish citizens or, in some cases, only extends the eligibility requirement to citizens of other Nordic countries or of the European Union. In this regard, the Committee would draw the Government's attention to paragraph 118 of its 1994 General Survey on freedom of association and collective bargaining which indicates that nationality requirements which are too strict could deprive some workers of the right to elect their representatives in full freedom in accordance with Article 3 of the Convention, for example migrant workers in sectors in which they account for a significant share of the workforce. In such cases, the Committee has considered that legislation should allow foreign workers to take up trade union office, at least after a reasonable period of residence in the host country. The Government is therefore requested to indicate the manner in which it is ensured that those persons who are not Finnish citizens may take up trade union office, subject to reasonable residency requirements.

CMNT_TITLE

The Committee notes the information provided by the Government in its report as well as the observations of the Central Organization of Finnish Trade Unions (SAK) and the Confederation of Unions for Academic Professionals in Finland (AKAVA).

With reference to its previous comments relating to the right of unions to elect their representatives in full freedom, the Committee notes with satisfaction that amendments to sections 44 and 48 of the Act on Personnel Funds and section 6 of the Act on Personnel Representation in the Administration of Undertakings, which remove restrictions on nationality and domicile, have entered into force. The Committee further notes from the Government's report that section 10, paragraph 3, of the Associations Act, which included a provision on the maximum number of foreigners who could be members of associations, has been repealed and that by virtue of an amendment to section 11 of the same Act, members' nationalities no longer need to be registered in the association's memberships list.

Moreover, the Committee notes the Government's introduction of a Bill to revise the fundamental rights of citizens. According to the Government, the new provisions will secure, besides other rights, freedom of association and for the first time, trade union rights expressly (subsection 10(a)(2)). These provisions will also apply to all those within the jurisdiction of Finland, and not only to Finnish citizens.

The Committee would request the Government to keep it informed of developments regarding the above-mentioned Bill. It also requests it to send its observations on the comments made by the SAK and the AKAVA in its next report.

CMNT_TITLE

Referring to its previous comments relating to the right of unions to elect their representatives in full freedom, the Committee notes with interest the Government's introduction of a bill to abolish restrictions on citizenship and domicile in sections 44 and 48 of the Personnel Funds Act and section 6 of the Act on Personnel Representation in Company Administration. The Committee asks to be kept informed about the progress of these proposed changes.

CMNT_TITLE

The Committee notes that, according to the Central Organisation of Finnish Trade Unions (SAK) and the Confederation of Salaried Employees in Finland (TVK), the legislation still contains provisions which do not grant foreigners the same rights as Finnish citizens in all respects. The Committee requests the Government and, through the Government, the organisations mentioned above, to indicate the restrictions on freedom of association in question and to supply the text thereof.

CMNT_TITLE

With reference to its previous comments, the Committee notes with satisfaction the adoption of the Associations Act No. 503, as amended on 26 May 1989, which lays down that as from its coming into force on 1 January 1990 associations are only subject to suspension by judicial decision, in accordance with Article 4 of the Convention.

CMNT_TITLE

Referring to its previous comments, the Committee notes with interest that the Government has taken its views into consideration during the final revision of the Bill on Associations by proposing to transfer to a court the power, previously vested in the Ministry of the Interior, to forbid the activities of an association, in order to bring the legislation into conformity with Article 4 of the Convention. The Committee would appreciate receiving the text of the new Act when it is adopted and ratified.