Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

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

The Committee notes the Government's statement that there have been two recent legislative amendments, namely the Act on the Amendment of the Constitution of Finland (969/95) and the Act on the Amendment of the Penal Code (578/95). The Committee notes that the new article 10(a) of the Constitution guarantees freedom of association, including the right to organize, to everyone. The Committee further notes with interest that section 3, Chapter 47, of the Penal Code as amended, permits an employer or his representative to be punished by a fine or six months' imprisonment for discrimination linked to trade union activities at the time of recruitment or during the employment relationship. Section 4, Chapter 47, protects workers' representatives against anti-union discrimination. Finally, section 5, paragraph 1, imposes fines on employers who prevent employees from exercising their right to join, belong to and be active in a trade union organization, or from appointing for the workplace a shop steward, labour protection delegate or personnel representative at the corporate group level.

In its statement, AKAVA points out that in the municipal sector it has been possible since January 1993 to make local, binding agreements deviating from the nationwide collective agreements. In practice, this has resulted in arrangements not in conformity with the Convention, e.g. notices and lay-offs, for those not covered by the agreement.

The SAK has, in its statement, drawn attention to the provision on eligibility, included in the new section 35 of the Municipality Act. They indicate that this provision restricts the rights to political involvement for persons participating in trade union activities. As a consequence of paragraph 2 of the provision, the chairman of the trade union board or a corresponding organ representing the municipal personnel is not eligible for being a member of the municipal executive board; nor can a chief shop steward or a shop steward involved in negotiation be appointed a member of the municipal executive board. The SAK deems this manner of proceeding to be contrary to the ILO Convention.

The Committee would request the Government to provide a copy of the Municipality Act as amended as well as its comments on the above statements in its next report.