Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Finland (Ratification: 1970)

Other comments on C111

Observation

Direct Request

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The Committee notes the observations by the Confederation of Finnish industries (EK) and the Confederation of Unions for Professionals and Managerial Staff in Finland (AKAVA) attached to the Government’s report.

Article 2 of the Convention. Measures to promote gender equality. Occupational segregation. The Committee recalls that the Gender Equality Programme (2012–15) aims to reduce gender segregation in education, career choices and the labour market. In this context, the Committee notes the study published in 2014 by the Ministry of Employment and the Economy under the VALTAVA development programme, on gender perspectives in the employment office services. The results of the study are intended to be utilised in the development of the Ministry’s employment services. The Committee welcomes the TASURI project which contains statistics on male and female representation in the top management of companies. The qualitative research of the project produces information on top management recruiting from a gender perspective and provides material for practical development work in the future. The Committee notes that the 40 per cent target for female representation on boards will be met by the self-regulation of companies and that the Government will evaluate the progress made and need for future legislative measures in this regard. With regard to education, various perspectives on the promotion of gender equality have been included in several areas of the core curricula of basic education. Furthermore, the Act on the Amendment to the Act on Equality between Women and Men (1329/2014) extended the obligation to draft equality plans in educational institutions to mandatory primary education. The Committee welcomes the proactive measures to combat gender segregation in the labour market and asks the Government, in cooperation with the social partners, to continue reporting on such activities and their impact on occupational gender segregation. Please also provide specific information on the practical use and impact of the study published by the Ministry of Employment and the Economy as well as the TASURI project. The Committee encourages the Government to monitor developments towards the 40 per cent target for female representation on boards and to provide information on the progress made as well as any needs identified for legislative measures.

Measures to combat racial and ethnic discrimination. The Committee notes from the Government’s report that the working group to promote the integration of the Somali community gathered information and identified measures to further Somalis’ integration while also promoting dialogue and engaging Somali communities in integration planning. The Committee notes that the working group’s report was taken into account when the Government adopted its National Integration Programme in 2012. The Ministry of Employment and the Economy implemented, during the “YES-Equality is Priority” project, a Diversity Management programme in which workshops on diversity management were organised for the private sector, a webpage and data bank on the best practices of diversity management were established, and a manual and check list for the development of diversity management in the public sector were published. The Committee asks the Government to continue providing information on measures to combat racial and ethnic discrimination, in cooperation with the social partners, including results achieved. In absence of information regarding activities specifically targeted to raise awareness of the right to non-discrimination of migrant workers among social partners and the law enforcement officials, the Committee once again requests the Government to provide information in this regard.

Access to employment and occupation of the Roma. National Policy on Roma. The Committee welcomes the various actions that have been taken under the National policy on Roma. A media campaign was implemented under the “YES-Equality is Priority” project in 2012 aimed at promoting positive attitudes towards groups at risk of exclusion from the labour market. The TEMPO project with the objective of helping Roma jobseekers find employment in the public labour market, offered jobseekers services including job coaching and career and study guidance. The project produced a model for coaching jobseekers and a model for employers on how to find places for Roma jobseekers. The Committee notes that the National Policy on Roma has raised awareness and improved the coordination of Roma issues nationally, especially in the education sector, but that local-level implementation has met with challenges, particularly in the fields of employment and adult education. According to a report published by the Ombudsman for Minorities in 2014, 54 per cent of Roma who had applied for a job in the past five years felt that they had been discriminated against in recruiting. According to the report, Roma youth resort to existing legal protection measures very little in order to combat discrimination in jobseeking; 87 per cent of Roma who had encountered discrimination in jobseeking did not report it, and not one person reported it to the right authorities. The Committee requests the Government to continue providing information on actions taken under the National Policy on Roma to promote access to employment and occupation of the Roma and the impact and results thereof. The Committee requests the Government to provide information on how the challenges to local-level implementation of measures under the National Policy on Roma are being addressed. The Committee encourages the Government to take action to improve access to legal protection measures for Roma who experience discrimination, specifically raising the awareness of Roma people on this subject.

Access to education and vocational training. The Committee notes from the Government’s report that while there have been improvements in Roma participation in preschool education and an increasing number of Roma students are doing well in primary education, one out of five Roma students continue to have significant problems in their school attendance. Becoming independent and starting a family from a young age, which is aggravated by a lack of information and support, Roma students are discouraged from pursuing further studies. While approximately half of Roma students move on to vocational studies after primary education, very few go on to general upper secondary schools. Employment and Economic Development Offices are a service available to Roma jobseekers to help facilitate their entrance into the labour market through directing jobseekers to workshops or trainings. The Committee asks the Government to continue to provide statistical information, disaggregated by sex, on the access of the Roma to education at all levels, as well as to vocational training. In particular the Committee requests specific information on how Roma children are supported in transitioning phases of education.

Access to traditional occupations of the Sámi people. The Committee recalls that most Sámi vocational education is offered by the Sámi Education Institute, which is directly funded by the state budget. The Committee notes that the Institute cooperates closely with livelihood trades and businesses in the Sami area through arranging work practices and apprenticeships, which advances the hiring of capable professionals while also developing business in the area. With respect to structural assistance for livelihoods in reindeer husbandry and nature-based resources, the Committee notes that reindeer herders can now get a substitute to fill in for them in reindeer herding while they are incapable of working. This system came into effect on 1 January 2015. Furthermore, the Mining Act (621/2011) and Water Act (587/2011), which entered into force in 2011, include a restriction on granting exploration permits in Sami areas. The restriction entails that a permit must not be granted if it substantially undermines the Sámi people’s opportunities to utilise their rights as indigenous people to maintain and develop their culture and practice their traditional livelihoods. The Acts also include provisions that reinforce the Sámi Parliament’s right to participate in and influence the permit process for mining and water projects. The Sámi Parliament has been granted an independent right to appeal to the administrative courts regarding permits granted based on the acts. The Committee asks the Government to provide information on vocational training of the Sámi offered by other educational providers as well as the coverage of and participation in such education in the Sámi region. The Committee further asks the Government to provide information on the practical impact of the legal reforms on the Sámi people’s access to their traditional occupations.

Access to employment and occupation of the immigrant population. The Committee notes the Government’s indication that promoting access to employment to all foreigners residing in the country remains high on the Government’s agenda, and that a pilot project to test new and more effective ways to promote the employment of foreigners is being planned. Integration measures are continuing such as providing foreigners with integration, vocational and other training as necessary. Procedures for assessing the skills and qualifications of foreign jobseekers are being developed. The Committee notes that the Act on the Amendment of the Vocational Education and Training Act (246/2015) implements education guarantee measures aimed to ensure everyone completing primary education is provided with a place in upper secondary schools, vocational education, apprenticeship training, youth workshops, rehabilitation programmes or other such means. The Act also introduces preparatory training for vocational education as well as for work and independent living. The Committee also notes that one of the specific focus areas of the National Integration Programme (2012–15) is promoting the employment of migrant workers. The Committee asks the Government to provide information, including results and any follow-up activities, on the pilot project on the promotion of employment of foreigners and on procedures for assessing the qualifications of foreign jobseekers. Please also provide information on the impact of the education guarantee measures and preparatory trainings on migrant workers’ access to employment and occupation. The Committee also asks the Government to provide information on any measures taken and the impact thereof to promote the employment of migrant workers, including female workers, under the National Integration Programme.

Enforcement. The Committee notes that the capacity of Occupational Safety and Health Authorities to enforce non-discrimination provisions has been reinforced after amendments were made to the Act on the Occupational Safety and Health Enforcement and Cooperation on Occupational Safety and Health at Workplaces (1330/2014), which came into effect 1 January 2015. Occupational Safety and Health inspectors can now issue employers an improvement notice in the case of non-compliance with the Anti-Discrimination Act. Neglecting a notice may lead to the issuing of a legally binding decision to the employer, enforceable with a fine. In 2014, the Occupational Safety and Health Authorities of the Regional State Administrative Agency for Southern Finland (OSHSF) received 226 reports regarding discrimination at work. Out of these, there were 78 cases in which the authorities suspected discrimination and invoked enforcement measures. Over one third of these cases resulted in the authorities issuing written advice to the employer concerning compliance with non-discrimination provisions because an assumption of discrimination had not been invalidated or justified. The Government reports that the number of contacts concerning experiences of discrimination has increased steadily in recent years. The most common reported form of discrimination (approximately 52 per cent of the reports) was termination of the employment relationship based on a discriminatory ground, and the second most common form was discrimination experienced during employment (41 per cent). The most common ground for discrimination was state of health, and other common grounds included gender, ethnic origin, age, trade union activity or other professional activity. The Committee also notes that the occurrence of discrimination is linked to negative treatment towards an employee after demanding rights at work either while serving as an occupational safety and health representative or when they contacted enforcement authorities. The Committee notes that in 2014, inspectors of the OSHSF who are specialised in foreign employees conducted approximately 500 occupational safety and health inspections. The Ombudsperson for Minorities (now the Ombudsperson for Non-Discrimination) cooperated with the ministry of Social Affairs and Health in the drafting of the Guidelines for Monitoring Discrimination at Work for Occupational Safety and Health Authorities. The Non-Discrimination Ombudsman cooperates with the employment division of the Statutory Advisory Committee on Occupational Safety and Health and discusses and exchanges information on enforcement-related legal issues. Regarding enforcement of the Equality Act, the Committee refers to its comments under the Equal Remuneration Convention, 1951 (No. 100). The Committee asks the Government to continue to provide information on cases of workplace discrimination handled by the competent authorities under the Anti-Discrimination Act and Equality Act. Specifically, the Committee requests information on the results of the inspections carried out by the inspectors specialized in foreign employees. Please also provide information regarding obstacles faced by workers in accessing remedies to violations of their labour rights concerning non-discrimination in employment and occupation.