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Comments adopted by the CEACR: Finland

Adopted by the CEACR in 2022

C140 - Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the observations of the Federation of Finnish Enterprises (SY), the Central Organization of Finnish Trade Unions (SAK), the Finnish Confederation of Salaried Employees (STTK), the Confederation of Unions for Academic Professionals in Finland (Akava) and the Confederation of Finnish Industries (EK), transmitted together with the Government’s report.
Articles 3 and 4 of the Convention. Measures to promote the granting of paid educational leave. Coordination of general policies with the policy to promote the granting of paid educational leave. The Committee notes with interest the series of measures taken by the Government to reform the adult education allowance system in 2020 with a view to promoting wider use of the study leave system and support employees’ ability to harmonize work and studies. In this respect, the Government indicates that the Act on Adult Education Benefits (1276/2000) (formerly the Adult Education Support Act) was amended during the reporting period by Acts (450/2020), (228/2020) and (521/2018). The Government adds that the provisions on adult education support and income-matching were amended as of 1 August 2020, with the aim of encouraging more work-based learning than previously. The condition for granting adult education support was changed and is now a requirement linked to study performance instead of being tied to the duration of studies. The Government specifies that the level of employee support was also reduced slightly by modifying the support calculation formula. The Government adds that, as of the beginning of 2019, the Education Fund merged with the Unemployment Insurance Fund. The new fund is now called the Employment Fund and is the entity responsible for paying adult education grants in the future. The Committee further notes the observations of the Central Organization of Finnish Trade Unions (SAK), the Finnish Confederation of Salaried Employees (STTK) and the Confederation of Unions for Academic Professionals in Finland (Akava), who point out that the reforms to the system of adult education allowances were based on unanimous proposals made by the social partners. The workers’ organizations indicate that the objectives of the reform were to improve employee’s ability to balance work and studies, as well as to encourage less educated employees and those in low-income sectors to develop their competences. They add that they are currently participating in the preparation of reforms in relation to the continuous learning system. The objective of this reform is to develop an employment-driven range of education applicable to continuous learning, as well as to develop lifelong guidance services and a proactive approach to competence needs in working life. The Committee also notes the observations made by the Federation of Finnish Enterprises (SY), who points out that, while the changes introduced to the adult education allowance system have addressed a number of problems, other significant shortcomings in the adult education system remain. In particular, the SY observes that self-employed persons and entrepreneurs do not enjoy access to adult education allowances under conditions similar to those of persons considered to be employees. It considers that the rules unnecessarily put employees and entrepreneurs in an unequal position, considering that the latter should also have the opportunity to reconcile work and studies with the support of the adult education allowance. The Committee notes the detailed statistical information, disaggregated by age and sex, provided by the Government regarding the number of persons that benefited from paid educational leave during the reporting period. The Government reports that, between 2018 and 2020, 77,615 persons benefited from paid educational leave, the majority of whom were women (76 per cent in 2020). In this context, the Committee notes the observations of the Confederation of Finnish Industries (EK), who points out that adult education support is most frequently used by highly educated employees and women. The EK adds that the proportion of men – especially low-skilled workers – in adult education is regrettably low. The Committee requests the Government to provide detailed updated information on the impact of the reform of the adult education allowance system, including statistical information, disaggregated by age and sex, on the number of workers who have benefited from the various arrangements for paid educational leave (for the purposes of vocational training, general, social and civic education, and trade union education). Noting the low number of men that have benefited from adult education allowances, the Committee encourages the Government to take measures to promote their equal access and use of adult education allowances, particularly among those in low-skilled jobs. The Committee also requests the Government to provide its views concerning the observations of the Federation of Finnish Enterprises (SY). It further requests the Government to provide updated information on the nature and impact of the reforms to the continuous learning systems, as well as with respect to any other legislative and policy developments relevant to the application of the Convention.

Adopted by the CEACR in 2021

C029 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the first report of the Government on the application of the Protocol of 2014 to the Forced Labour Convention, 1930, has not been received. The Committee hopes that the Government will provide the first detailed report on the Protocol along with its next report on the Convention due in 2024.
Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Law enforcement and sanctions applied. In its previous comments, the Committee requested the Government to provide information on the enforcement of the sections of the Criminal Code that criminalize trafficking, aggravated trafficking and extortionate work discrimination (Chapters 25 and 47 of the Criminal Code).
The Committee notes from the Government’s report that, between 2017 and 2020, the police carried out 127 investigations, among which there were 44 related to trafficking, 27 to aggravated trafficking, and 56 to extortionate discrimination at work; for its part, the Finnish Border Guard carried out three investigations, one each relating to trafficking, aggravated trafficking, and extortionate discrimination at work. The Government also indicates that a national police network of experts, established in 2020, and a national investigation team focusing on the detection and investigation of human trafficking crimes, established in early 2021, work closely together in the fight against human trafficking. In addition, the Government indicates that between 2015 and 2019, there were 20 convictions in cases of trafficking and aggravated trafficking in human beings; 14 convictions in cases of extortionate work discrimination; 12 convictions in cases of abuse of a victim of sexual trade; and 30 convictions in cases of pandering and aggravated pandering. The Committee requests the Government to continue to provide information on the number of investigations – including those led by the national investigation team – prosecutions and convictions applied for trafficking in persons cases, specifying the penalties imposed on perpetrators.
2. Victim protection. The Committee previously took note of the provisions of the Aliens Act (301/2004) on temporary residence permits for victims of trafficking, as well as the legislative amendment (388/2015) to the Act on the Reception of Persons Seeking International Protection (746/2011), aimed at affirming by law the duties of the national assistance system for victims of human trafficking.
The Committee takes note of the statistics provided by the Government regarding the number of victims of trafficking that were admitted to the system of assistance from 2017 to 31 May 2021. In that timeframe, 844 victims were admitted to the assistance system, among which 291 were victims of labour exploitation. The Government indicates that victims are entitled to: (i) counselling and guidance; (ii) safe accommodation; (iii) allowance/income support; (iv) social services; (v) health care services; (vi) interpretation and translation; (vii) legal aid and advice; and (viii) support for safe return. The Government also indicates that the Ministry of Social Affairs and Health has set up a working group to draw up a new act to assist victims of trafficking. The aim of the reform is to improve the status, rights and equality of victims of human trafficking. Furthermore, residence permit practices concerning victims of human trafficking are being reviewed, as a result of a Parliament request that the Government find out whether legislative amendments were needed, in particular in relation to the grounds for issuance of residence permits to trafficking victims. The Committee welcomes the Government’s continued efforts to ensure adequate and effective protection to victims of trafficking and requests the Government to pursue its efforts and provide information in this regard. It also requests the Government to provide information on the progress made on the adoption of the new act to assist victims of trafficking, as well as on the review of the legislative provisions on residence permits for victims of trafficking.
3. National Action Plan. The Committee notes the Government’s indication on the adoption of a new Action Plan against Trafficking in Human Beings for the period 2021–2023. The Action Plan is based on five strategic objectives and 55 actions. The five strategic objectives relate to: (i) the identification of victims; (ii) the provision of support and assistance to victims; (iii) the establishment of criminal liability in human trafficking offences; (iv) the reinforcement of collaboration between national authorities and ministries and various civil society actors; and (v) the development of anti-trafficking action based on data. The Committee observes that the Government established an inter-sectoral working group to prepare the action plan with a view to gaining a comprehensive picture of the challenges of anti-trafficking and to accumulate perspectives for its development. A working group has also been established to monitor and report on the implementation of the Action Plan 2021-2023. The Committee takes due note of the coordinated action that led to the adoption of the new Action Plan against Trafficking in Human Beings 2021-2023 and requests the Government to provide information on the activities undertaken for the implementation of the five strategic objectives of the Action Plan, as well as on the assessment of its implementation by the working group in charge of its monitoring.
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