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Workers' Representatives Convention, 1971 (No. 135) - Finland (RATIFICATION: 1976)

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The Committee takes note of the observations from the Finnish Confederation of Salaried Employees (STTK) as well as the general observations from the Confederation of Finnish Industries (EK) and the Federation of Finnish Enterprises (SY) that were transmitted with the Government’s report. The Committee further notes the observations on the Convention made by the Central Organization of Finnish Trade Unions (SAK) and the Confederation of Unions for Academic Professionals in Finland (AKAVA), which were transmitted with the Government’s report on the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).

The Committee notes that the SAK, alleges that shop stewards face discrimination, harassment, threats of dismissal, and termination of their employment contract, in particular in unorganized undertakings. The Committee requests the Government toprovide its comments in this respect.

Legislative developments. The Committee notes, the entry into force on 1 January 2022 of the New Co-operation Act (1333/2021), which aims at enhancing the dialogue between employers and employees in companies of minimum 20 persons. The Committee notes that the New Co-operation Act requires a continuous dialogue, at least on a quarterly basis, on the functioning of the undertaking and on issues relating to the working community. Further, employers must consult with employee representatives before deciding on matters that have a significant effect on the employees, such as reductions in workforce. Employee representatives have a right to submit written proposals and alternative solutions, to which the employer must answer in writing.

Application of the Convention in practice. Court decisions. The Committee notes with interest, from the Government’s report, that following conflicting lower courts decisions, the Finnish Supreme Court issued a decision KKO 2022:35, confirming the right of unionized workers to elect shop stewards in unorganized undertakings. The Committee takes note of the Court’s finding that the workers’ right to elect shop stewards stems from the principle of freedom of association, enshrined in the Finnish Constitution and in the ILO Conventions Nos 87, 98 and 135. The Committee notes the AKAVA’s observations, according to which the Supreme Court did not determine whether unorganized employers are bound to respect the collective agreements containing dispositions on the election of shop stewards. The AKAVA further observes that Finnish law only protects the rights of shop stewards elected on the basis of collective agreements. The Committee requests the Government to provide its comments on the AKAVA’s observations.

The Committee also notes from the Government’s report that the Supreme Court issued a decision KKO 2017:29, whereby it decided that a group of upper-level employees may appoint an elected representative, notwithstanding the presence of a shop steward in the undertaking, elected by another group of employees. The Supreme Court found that such practice was supported by the dispositions of the Convention, in particular its Article 5. The Committee takes note of the STTK’s general observation that, as per Article 5 of the Convention, where both trade union representatives and elected representatives exist in the same undertaking, appropriate measures shall be taken to ensure that the existence of elected representatives is not used to undermine the position of the trade unions representatives. The STTK argues that Finland needs to clarify its legislation in that regard. Recalling the terms of Article 5 of the Convention, the Committee requests the Government to provide its comments to the STTK’s observations.

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Articles 2 and 3 of the Convention. The Committee previously requested the Government to indicate whether shop stewards are entitled to exercise the rights to information, compensation for loss of earnings, and release from work obligations that are guaranteed to elected representatives in section 3 of the Employment Contract Act, 2001. The Committee notes with satisfaction that the Government indicates in its report that under section 56 of the Act on Cooperation within the Undertakings (2007), a representative of a personnel group (which includes shop stewards) is entitled to be released from his or her work, with compensation for any loss of earnings, as required to carry out the duties concerning a cooperation procedure taking place during their working hours. The Committee also notes that Chapter 3 of the Act allows a representative to request information concerning issues which concern workers.

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The Committee notes the information provided in the Government’s report and in particular the information that new legislation has been promulgated in the area of health and safety, as well as the comments of the Central Organization of Finnish Trade Unions (SAK).

Articles 2 and 3 of the Convention. The Committee recalls that in its previous comments it had requested the Government to ensure that trade union shop stewards have the same rights as elected representatives, and to indicate whether trade union representatives can present their candidacy for election as workers’ representatives at the enterprise level. The Committee notes the information contained in the Government’s report that, in practice, employees are generally represented by shop stewards elected pursuant to a collective agreement and that if employees are represented by a shop steward, an elected representative will not be elected separately and the shop steward will have the same rights and status as an elected representative. The Committee requests the Government to indicate whether, if the relevant sectoral collective agreement does not contain such rights, shop stewards are entitled to exercise the rights to information, compensation for loss of earnings, and release from work obligations that are guaranteed to elected representatives in section 3 of the Employment Contract Act, 2001.

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The Committee notes the Government’s report as well as the comments formulated by the Central Organization of Finnish Trade Unions (SAK) and the Finnish Confederation of Salaried Employees (STTK) on the application of the Convention. The Committee further notes the entry into force of the Employment Contracts Act (No. 55/2001). According to the STTK, this legislation gives only to elected representatives (and not to shop stewards) rights to information, release from work obligations and compensation for lost earnings; these rights are accorded to shop stewards only when defined in sectoral collective agreements.

The Committee requests the Government to ensure that shop stewards from the trade unions have the same rights as elected representatives and to keep it informed of any measures taken in this respect. Moreover, the Committee requests the Government to indicate whether trade union representatives can present their candidacy for election as workers’ representatives at the enterprise level.