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Part-Time Work Convention, 1994 (No. 175) - Finland (RATIFICATION: 1999)

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In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 47 (40-hour week), 132 (annual holidays with pay) and 175 (part-time work) together.

The Committee notes the observations of the Commission for Church Employers on the application of Convention No. 47, and of the Central Organization of Finnish Trade Unions (SAK) and the Finnish Confederation of Professionals (STTK) on the application of Convention No. 175, communicated with the Government’s report.

A.Hours of work

Article 1 of Convention No. 47. Forty-hour week principle. Application in practice. The Committee notes the adoption of the Working Time Act (872/2019), which preserves the 40-hour week principle in its section 5(1). The Committee also notes that the Working Time Act provides for exceptions or derogations to this principle, as follows: (i) sections 12 and 13 provide that the employer and employee can agree on flexible working hours, pursuant to which regular weekly working hours may not exceed 40 hours on average during a four-month monitoring period; (ii) section 12 specifies that the accumulation of overruns at the end of a monitoring period may not exceed 60 hours; and (iii) section 14 provides for the possibility of introducing a working time bank system at the workplace, whereby working time, earned time off or monetary benefits converted to free time, can be saved and combined. The Committee requests the Government to provide information on the way it ensures that the application in practice ofthese provisions do not contradict the principle of a 40-hour week.

In addition, the Committee notes the observations of the Commission for Church Employers regarding the exclusion of priests, church musicians and other official appointees engaged in spiritual work from the Working Time Act (872/2019). The Committee requests the Government to provide its comments in this regard.

B.Annual holidays with pay

Article 12 of Convention No. 132. Prohibition to relinquish or forgo the right to an annual holiday with pay. Following its previous comments, the Committee notes that section 26 of the Annual Holidays Act (162/2005), as amended, continues to provide that leave can be replaced with monetary compensation if, due to prolonged incapacity for work, it is impossible to grant leave. The Committee notes the Government’s statement in its report that replacing annual holiday with monetary compensation in the event of prolonged incapacity for work has been considered more advantageous for the employee, and that, even in circumstances of prolonged incapacity, the employer and employee may agree that the holiday will be taken after the employee returns to work. The Committee requests the Government to indicate the situations in which this provision has been applied in practice, including the types of situations considered to be prolonged incapacity under section 26 of the Annual Holidays Act (162/2005). The Committee also requests the Government to indicate the legislative provisions, if any, guaranteeing that employers and employees can agree on holidays being taken after the employee’s return to work, even in circumstances of prolonged incapacity.

C.Part-time work

Article 3 of Convention No. 175. Whole or partial exclusions. The Committee notes the Government’s indication in its report that it has excluded from the scope of the Convention the categories of workers to which the Employment Contracts Act (55/2001), the State Civil Servants Act (750/1994), the Municipal Civil Servants Act (304 of 2003), the Working Time Act (872/2019) and the Annual Holidays Act (162/2005) do not apply. The Committee requests the Government to indicate the reasons why these exclusions were judged necessary, in accordance with Article 3(2) of the Convention.

Articles 9 and 10 of Convention No. 175. Measures to facilitate access to part-time work and to ensure voluntary transfer from full-time to part-time work or vice versa. Following its previous comments, the Committee notes that the Government indicates that: (i) according to a 2021 labour survey, 473,000 employed persons in Finland worked part-time, representing 19 per cent of all employed persons, and that less than one-third of those part-time workers would prefer to work full-time; (ii) the Nordic labour market service model, that entered into force in May 2022, provides the organization of an initial interview for jobseekers working part-time followed by a job search discussion every three months; complementary job search discussions following the initial interview may be organised at the jobseeker’s request; and (iii) employers are required to review their labour-related needs every 12 months and to give a well-grounded response in writing to the employees working on a part-time basis who request the possibility of extending their regular working hours. The Committee nevertheless notes that, according to the observations of the SAK and the STTK, involuntary part-time work remains on the rise. The Committee requests the Government to continue to provide information on the results of the application of these measures, and on the number of workers in involuntary part-time work.

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Articles 9 and 10 of the Convention. Measures to facilitate access to part time work and to ensure voluntary transfer from full-time to part-time work. The Committee notes the Government’s explanations that two differing trends can be observed with regard to part-time work; in many fields, part-time work is a positive opportunity in terms of promoting employment and lengthening working careers, especially for young workers, childcaring parents, and long-term unemployed. In other areas, however, there is a significant amount of involuntary part-time work owing to factors such as strong fluctuation in demand. The Government adds that part-time work is most frequent in the retail trade and in catering and the proportion of part-time employment is approximately 14 per cent.

In addition, the Committee notes the comments of the Central Organization of Finnish Trade Unions (SAK) which alleges that while Chapter 2, section 5 of the Employment Contracts Act (55/2001), as amended, requires an employer to offer additional jobs to his/her part-time employees if the employer needs more employees for tasks that would suit his/her part-time employees, does not function in practice, because in employment contracts, employees are increasingly expected to consent to short-term additional work, making it more difficult to reconcile work and free time. In its reply, the Government indicates that the tripartite working group of the Ministry of Employment and Economy, which examined questions related to part-time work from September to December 2012, considered the possibility of a priority arrangement in the distribution of additional work but noted that problems linked with offering additional work can probably not be resolved through legislation. The Government further indicates that the law requires employees to be treated even-handedly and without discrimination and these obligations need to be followed also when additional work is offered. The Committee requests the Government to continue to supply information on the evolving patterns of part time employment, in particular any measures or initiatives designed to improve job opportunities for those trapped in involuntary part-time work.

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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.

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The Committee notes with interest the detailed information provided in the Government’s first report. It also notes the observations made by the Commission for Local Authority Employers (KT) and the Central Organization of Finnish Trade Unions (SAK).

Article 7(a) of the Convention. While noting the information contained in the Government’s report concerning the maternity and the parental allowance, the Committee requests the Government to provide in its next report supplementary information on measures taken or envisaged to ensure that part-time female workers receive equivalent treatment to full-time workers in respect of other aspects of maternity protection, such as maternity leave, health protection of the mother and the child, transfer to more appropriate work, protection against dismissal and income maintenance.

Article 8. The Committee notes that the sickness insurance and employment pension systems operate on the basis of the level of earnings and exclude employees whose annual or monthly income is below prescribed minimum amounts. While noting that the thresholds communicated by the Government in its report appear sufficiently low, the Committee requests the Government to communicate additional information on the periodical review of the thresholds in force, the consultations with employers’ and workers’ organizations prior to their establishment, review or revision, and any consideration given to the progressive extension of protection to the workers excluded, as required under this Article of the Convention.

Article 9. The Committee notes the Government’s reference to the possibility of reduced working time for social or health reasons, partial childcare leave and part-time pension for ageing employees to demonstrate its effort to facilitate flexible work arrangements, freely agreed upon between the employer and the employee, especially having regard to the needs of specific groups such as workers with family responsibilities and older workers. The Committee requests the Government to supply general information on its employment policy in respect of part-time work, the measures taken to publicize possibilities of part-time work and to address the needs of other categories of workers such as the unemployed, disabled workers or workers undergoing education or training, as well as the results of any recent research on the degree to which part-time work responds to the economic and social aims of employers and workers.

In this connection, the Committee notes the comments made by the Commission for Local Authority Employers (KT) according to which the use of part-time employment contracts requires the removal of obstacles to part-time work, especially in view of the negative attitude of the workers’ movement towards all kinds of part-time work irrespective of how well it may meet the needs of employers and employees alike. It also notes the views expressed by the Central Organization of Finnish Trade Unions (SAK) to the effect that it is essential to develop legislation and collective agreements ensuring equal treatment for part-time workers since the terms of collective agreements are often intended to regulate full-time work conditions and cause practical problems when applied to part-time employees. The Committee requests the Government to indicate in its next report how it plans to address the concerns of its social partners regarding the promotion of part-time work and the need to guarantee in practice the equality of treatment for part-time workers.

Article 11. The Committee would appreciate receiving copies of any collective agreement containing specific regulations on part-time work, particularly as regards the protection referred to in Articles 4 to 7 of the Convention.

Part V of the report form. The Committee notes the statistical information concerning the percentage of part-time employment, the proportion of male and female part-time workers, and the total number of part-time civil servants. The Committee would be grateful to the Government for continuing to provide up-to-date information concerning the application of the Convention in practice, including extracts from inspection reports containing the number and nature of infringements observed and the penalties imposed, copies of recent surveys or studies relating to part-time employment issues, and any other particulars bearing on the implementation of the requirements set forth in the Convention.