All Comments

Home Page | English | Français | Español |

ILO is a United Nations Agency

RSS Feed | Newsroom | Contact us

NORMLEX

Information System on International Labour Standards

Instruments
Key documents
Ratification of ILO Conventions
Supervising the application of International Labour Standards: Supervision by country; Search comments by the supervisory bodies; Complaint procedures; Freedom of association cases; Representations (Art. 24); Commission of Inquiry (Art. 26)
Regular reporting
Country profiles
Comparatives
Maritime Labour Convention (2006)

MLC, 2006

NATLEX *new look*
National Legislation on Labour and Social Rights

LEGOSH
Global database on occupational safety and health legislation

EPLex
Employment protection legislation database

Compendium of court decisions

NORMLEX Home > Country profiles > > Comments > All Comments

Weekly Rest (Industry) Convention, 1921 (No. 14) - Finland (RATIFICATION: 1923)

DISPLAYINEnglish - French - Spanish

CMNT_TITLE

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

CMNT_TITLE

Articles 4 and 5 of the Convention. Total or partial exceptions – Compensatory rest. Further to its previous comments, the Committee notes the Government’s explanations that by allowing labour market organizations to deviate from the provisions in the law, including the provisions of the Working Hours Act on weekly rest periods, the aim is to give a chance to the social partners to develop flexible and more versatile working time arrangements without, however, lowering the level of protection for workers. The Government adds that labour market organizations representing employers and workers have equal bargaining power which secures the overall level of protection of workers. The Committee accordingly requests the Government to provide sample copies of collective agreements which permit exceptions to the basic rule of 35 hours of uninterrupted free time each week set out in section 31 of the Working Hours Act, but guarantee in all cases a minimum weekly rest period of 24 consecutive hours, as required under the Convention.

In addition, the Committee notes that under section 32(2) of the Working Hours Act, compensatory time off for any diminutions of the weekly rest period must be granted within three months, unless the employee agrees to being compensated by remuneration in cash. The Committee wishes to draw the Government’s attention, in this respect, to Paragraph 3(a) of the Weekly Rest (Commerce and Offices) Recommendation, 1957 (No. 103), which advises that persons to whom special weekly rest schemes apply should not work for more than three weeks without receiving the rest periods to which they are entitled. The Committee requests the Government to consider suitable steps with a view to ensuring that compensatory rest is granted, as far as possible, when derogations from the ordinary weekly rest scheme are authorized, and that such compensatory rest is given within a reasonably short period of time after performing the work in question.

CMNT_TITLE

Articles 2, paragraph 1, 4 and 5 of the Convention. Minimum duration of weekly rest period – Permanent and temporary exceptions. The Committee notes the Government’s explanations concerning the characteristics of the Finnish labour market system and the conditions of strict equality prevailing in collective bargaining so that collectively agreed deviations from the law, when expressly permitted, do not imply a decrease in the level of workers’ protection. However, the Committee is obliged to recall that the Convention lays down minimum standards, which the Government is bound to apply and enforce, either through national laws or regulations, or by ensuring that collective agreements contain at least as favourable provisions. Noting that by authorizing derogations from the peremptory nature of certain of its provisions, section 40(1) of the Working Hours Act permits employers’ and workers’ organizations to increase but also to lower the minimum duration of the weekly free time provided for in sections 31(1) and (2), the Committee once more asks the Government to explain how it is ensured in law and practice that collective agreements provide as a minimum 24 consecutive hours of rest in every period of seven days and compensatory rest of an equal duration for work performed on a day of weekly rest, as required by these Articles of the Convention.

Part V of the report form. The Committee would be grateful if the Government would provide in its next report information concerning the practical application of the Convention, including, for instance, the approximate number of workers covered by the relevant legislation, reports of the labour inspection services showing the number of infringements of the legislation on weekly rest observed and sanctions imposed, sample copies of collective agreements containing clauses on special weekly rest schemes, etc.

Finally, the Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that the ratification of up to date Conventions, including the Weekly Rest (Industry) Convention, 1921 (No. 14), and the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), should be encouraged because they continued to respond to current needs (see GB.238/LILS/WP/PRS/1/2, paragraphs 17–18). The Committee accordingly invites the Government to contemplate ratifying Convention No. 106 and to keep the Office informed of any decisions taken or envisaged in this respect.

CMNT_TITLE

The Committee takes note of the Working Hours Act (605/1996), as amended by several Acts, including Act 112/2002.

Articles 2 and 5 of the Convention. The Committee notes that national collective agreements may deviate from the provisions made under sections 31 and 32 of the Working Hours Act on weekly rest and derogations from weekly rest (section 40). The Committee further notes that the Act on working hours on vessels in domestic traffic (No. 248/1982), as amended by Act No. 682/1995, also makes provision for exceptions from its provisions on weekly rest by collective agreements, whether concluded on the national level or between the employer and an employee organization. It requests the Government to indicate the measures to ensure that employees to whom the collective agreements are applicable enjoy in every period of seven days a period of rest comprising at least 24 consecutive hours or are entitled, as far as possible, to compensatory rest for any suspensions or diminutions made under exceptional circumstances.