Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the Government’s report. It also notes the comments made by the Central Organization of Finnish Trade Unions (SAK) suggesting that steps should be taken to ensure that procurement and other contracts entered into by public authorities other than central authorities are in compliance with the requirements of Article 2 of the Convention, and those made by the Commission for Local Authority Employers (KT) indicating that the present legal framework is adequate and that local authorities should not be permitted to intervene directly in the employment relationships of employees of a private entrepreneur.

The Committee notes from the Government’s report that draft amendments to the Employment Contracts Act (320/1970) have been prepared taking into account the provisions of relevant ILO Conventions. The Committee requests the Government to keep it informed of any developments in this regard, especially in so far as the implementation of this Convention is concerned.

The Committee also notes the adoption of the Posted Workers Act (1146/1999) which incorporates Council Directive 96/71/EC into Finnish Law. Moreover, it notes that the Ministry of Labour has launched a study to examine the relationship between the EC Directive on the Posting of Workers and the ILO Convention concerning labour clauses in public contracts, while the Finnish Tripartite ILO Committee has decided to draw up an information bulletin in order to make the provisions of the Convention better known. The Committee asks the Government to continue to supply information on the practical application of the Convention, including copies of public contracts containing labour clauses, extracts from official reports, as well as information on the number and nature of reported violations.