Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Finland

Forced Labour Convention, 1930 (No. 29) (Ratification: 1936)
Protocol of 2014 to the Forced Labour Convention, 1930 (Ratification: 2017)

The Committee takes due note of the Government’s first report under the Protocol of 2014 to the Forced Labour Convention, 1930, as well as the information provided in reply to its previous comments concerning the application of the Convention. 

The Committee notes the joint observations of the Central Organization of Finnish Trade Unions (SAK), the Confederation of Unions for Professional and Managerial Staff in Finland (AKAVA), and the Finnish Confederation of Professionals (STTK), and the observations of the Federation of Finnish Enterprises (SY), communicated with the Government’s report.

Article 1(1) of the Convention and Article 1(1) and (2) of the Protocol. National policy and systematic and coordinated action. The Government indicates in its report that the Government Anti-Trafficking Coordinator is responsible for the coordination of the action against trafficking in persons, and that it has been made a permanent function. The Government also refers to the National Rapporteur on Trafficking in Human Beings, whose function, performed by the Non-Discrimination Ombudsman, include monitoring compliance with international obligations and the effectiveness of national legislation, as well as submitting reports to Parliament. Furthermore, the Action Plan against Trafficking in Human Beings for the period 2021–2023 (2021–2023 Action Plan) promoted the detection of trafficking, improved the standing of victims and enhanced the establishment of criminal liability. Almost all the Action Plan’s measures were implemented by the end of 2023. However, the implementation of a few measures was postponed to 2024 and 2025 due to delayed funding. The Committee notes that, in their observations, the SAK, STTK and AKAVA state that despite an extensive programme and the implementation of several measures of the 2021–2023 Action Plan, much remains to be done and there are still gaps in the eradication of forced and compulsory labour at both legislative and practical levels.

The Government also refers to the adoption of an Action Plan against Labour Exploitation in February 2024, comprising 33 measures to meet the objectives of the Strategy to prevent and combat labour exploitation of 2023, which include: promoting the identification and detection of cases of exploitation and trafficking, improving the situation of victims of exploitation, preventing the recurrence of exploitation, and strengthening corporate social responsibility in preventing and combating the exploitation of foreign workers. In this respect, the Committee notes the observations of the SY, which stress the importance to pay attention to the resourcing of public authorities. The Committee welcomes the continued strengthening of the institutional framework to combat forced labour practices and requests the Government to provide information on the activities undertaken by the Government Anti-Trafficking Coordinator to ensure systematic and coordinated action by the competent authorities to combat all forms of forced labour, including trafficking in persons for the purposes of labour and sexual exploitation. Please also provide information on the implementation of the Action Plan against Labour exploitation and any assessment of the results and challenges identified, including in relation to the implementation of the 2021–2023 Action Plan on trafficking.

Article 2 of the Protocol. Preventive measures. Clause (b). Educating and informing employers. The Government refers to several measures taken to raise awareness of trafficking and labour exploitation among businesses, such as: (i) the drawing up of guidelines for companies and employers to prevent labour exploitation and trafficking in persons; (ii) the organization of a training workshop for businesses in June 2023 aiming at improving the identification of labour exploitation in companies’ operations and supply chains; (iii) the organization of a workshop in the construction sector with the aim of launching a process to create common guidelines and an industry standard to prevent exploitation in all construction projects in Finland; (iv) the publication of a guide entitled “Labour exploitation and public procurement. Guide for risk management in national supply chains”.

The Committee notes that the SY stresses the importance of taking measures to increase the knowledge and skills of employers, especially in situations of subcontracting and temporary agency work involving foreign employees, so that employers and companies can identify situations of exploitation. It specifies that to support compliance, employers also need information and support from the authorities on how to identify and avoid risk situations. The Committee requests the Government to pursue its efforts to strengthen employers‘ knowledge on the risks of forced labour, including trafficking for the purpose of labour exploitation, and to prevent them from becoming involved in such practices.

Clause (c). Labour inspection. The Government states that since an amendment to the Act on Occupational Safety and Health Enforcement and Cooperation on Occupational Safety and Health at Workplaces, which came into force in 2021, the occupational safety and health authority shall notify the police about suspected trafficking in persons cases. It also indicates that the resources for foreign labour monitoring have been strengthened, as well as the permanent resources of the labour inspection. Labour inspectors have received training to identify possible victims of trafficking, and the labour inspectorate and law enforcement authorities have strengthened their cooperation. The Committee notes that, in their observations, the SAK, STTK and AKAVA state that although small improvements have been made to the occupational safety and health authority’s operational capabilities, it still seems to have still very limited means to intervene in the labour exploitation in Finland.

The Committee notes that, according to the Annual Report of the Occupational Safety and Health Administration in Finland 2023, non-compliance with the Berry Act was observed in practically all inspections carried out at wild berry pickers’ bases. The Report also refers to the fact that an increasing number of inspections revealed situations where an employment relationship was disguised as entrepreneurial work or so-called light entrepreneurship. This phenomenon was previously particularly visible in the construction and service sectors but has now expanded to manufacturing and the forest sector. The Committee encourages the Government to pursue its efforts to reinforce the resources and capacities of the occupational safety and health authority with a view to strengthening its role in the prevention and detection of cases of forced labour, including trafficking in persons. It also requests the Government to provide information on the specific measures taken to monitor the situation of workers at risks in sectors such as wild berry pickers, domestic workers and workers whose situations are disguised as entrepreneurial work.

Article 3 of the Protocol. (i) Identification and protection of victims. The Government indicates that a National Referral Mechanism (NRM) is under preparation and will facilitate identification and assistance to victims of all forms of trafficking. In the framework of the 2021–2023 Action Plan, training measures have been implemented to strengthen the identification of victims of trafficking, including for the Finnish immigration service, public employment and integration service, and social and healthcare professionals. The Committee takes due note of the Government’s indication according to which, since the legislative amendments that came into force on 1 January 2023, the right to receive assistance from the Assistance system for victims of human trafficking is based on the victim’s situation and needs, and no longer on the initiation, continuation or outcome of criminal proceedings. The Government further states that if the victim admitted to the Assistance system has a home municipality in Finland, the well-being services county is responsible for assessing the victim’s need for support and providing assistance. If the victim does not have a municipality of residence in Finland, this responsibility rests with the Assistance system.

The Government indicates that the number of people identified as potential victims of trafficking and thus admitted to the Assistance system for victims of human trafficking is steadily increasing. It was 367 in 2022, and 326 in 2023, of whom more than 60 per cent in 2023 were trafficked for the purpose of labour exploitation, and the majority were foreign nationals.

The Committee notes that in their observations, the SAK, STTK and AKAVA underline that victims of labour exploitation are rarely informed of their rights as employees and of their opportunities to get out of the situation, and that they often refrain from reporting the situation to the authorities, notably for fear of retaliation, expulsion or loss of livelihood. The SAK, STTK and AKAVA also state that legal aid and interpretation services for victims of exploitation are insufficient. The Committee welcomes the legislative amendments that have broadened access to assistance and support for victims of trafficking and requests the Government to continue to provide information on the number of victims of trafficking, as well as of other forms of forced labour, who have been identified and who have benefited from assistance services, specifying the nature of the services provided. The Committee also requests the Government to indicate the measures taken to facilitate access to information and legal mechanisms for victims of any form of forced labour, including trafficking in persons, to enable them to assert their rights. Lastly, the Committee requests the Government to provide information on the progress made in the adoption of the National Referral Mechanism and on the measures taken to ensure its effective application.

Concerning the residence permits, the Committee recalls that under the Aliens Act, a residence permit for a victim of trafficking in persons may be issued on a temporary basis if the victim is prepared to cooperate with the authorities (section 52a(1)) or on a continuous basis if the victim is in a particularly vulnerable position, without the requirement of cooperation with the authorities (section 52a(2)). The Government indicates that since 2021, a new permit has been created under section 54b to enable migrant workers subject to exploitative work conditions to change employers more easily by being able to work in any field, without filing a criminal complaint. The Committee notes that, according to the statistics from the Finnish Immigration Service, first residence permits for victims of trafficking in persons (under section 52a of the Aliens Act) were issued to 57 persons and refused to 8 persons in 2023, and to 26 persons and refused to 6 persons in 2024. Extended permits for victims of trafficking were issued to 25 persons in 2023 and to 42 persons in 2024.

The Committee further notes the Government’s indication that it conducted a review of the application of the grounds for a residence permit for victims of trafficking in persons published in September 2021, which showed that it is very difficult for victims of trafficking to receive a continuous residence permit on the basis of their vulnerable position (under section 52a(2)), as the threshold for deeming that a victim of trafficking is in a particularly vulnerable position was remarkably high.

A study on reflection periods given to victims of trafficking (from 30 days to 6 months), published in May 2023, identified as one of the challenges the criminal investigation authorities’ lack of information about their right to give a reflection period. Both studies recommended legislative amendments and training. The Committee requests the Government to indicate the measures taken or envisaged to respond to the challenges identified by the two above-mentioned studies. It also requests the Government to indicate the number of victims of forced labour who have been granted a reflection period, and who have obtained a residence permit under sections 52a(1), 52a(2) and 54b of the Aliens Act.

Article 4 of the Protocol. Paragraph 1. Access to effective remedies, including compensation. The Government indicates that victims of trafficking are entitled to compensation as any victims of a violent crime, as laid down in the Act on Compensation for Crime Damage. The Committee further notes that, according to the 2024 GRETA Report, victims of trafficking can seek compensation from the perpetrator in criminal proceedings or in separate civil court proceedings, and that they can also claim State compensation from the State Treasury. However, GRETA underlined that if the criminal act is qualified by the court not as trafficking in persons, but for instance, as extortionate work discrimination, the victim cannot claim State compensation. The Committee requests the Government to provide information on the number of victims of trafficking in persons and any other form of forced labour who have claimed and obtained compensation, both from the perpetrator (in criminal or civil proceedings) and from State compensation. Please also indicate how victims of forced labour other than trafficking in persons may claim State compensation.

Paragraph 2. Absence of prosecution or penalties for unlawful activities that victims have been compelled to commit. The Government indicates that, as part of the implementation of the 2021–2023 Action Plan, a study on the principle of non-punishment of victims of trafficking has been conducted, according to which, although the provisions on the waiving of measures (Chapter 6, section 12 of the Criminal Code) make it possible not to prosecute or punish victims of trafficking, key obstacles to the application of the principle of non-punishment include the lack of experience in applying the principle in practice, inadequate identification of victims of trafficking and insufficient attention to the exploitation underlying the offence during the criminal procedure. The Committee requests the Government to provide information on the measures taken to foster the application of the provisions on the waiving of punishment to victims of forced labour who have been compelled to commit unlawful activities as a direct consequence of being subjected to forced labour.

Article 25 of the Convention and Article 1(1) of the Protocol. Law enforcement and application of dissuasive penalties. The Government states that the activities of the national trafficking investigation team are constantly being developed, and that a handbook for anti-trafficking pretrial investigations has been developed. In the framework of the 2021–2023 Action Plan, a network of prosecutors specialized in trafficking cases has been established, and the police, prosecutors and the courts have been trained on trafficking in persons. The Government refers to a study on the application of the criminal provisions on trafficking in persons and associated crimes, published in March 2022. The study revealed: that the nature and character of the act of trafficking in persons is not fully understood; that the phenomenon is not widely known; and the lack of legal practice concerning trafficking.

The Committee notes that, according to the Review of actions against labour trafficking in Finland published by the European Institute for Crime Prevention and Control (HEUNI) in 2023, the police recorded 109 offence reports concerning trafficking, 20 cases of aggravated trafficking and 76 cases of extortionate work discrimination in 2021. In the same year, the number of convictions was one for trafficking, one for aggravated trafficking and three for extortionate work discrimination.

The Committee notes that, in their observations, the SAK, STTK and AKAVA state that there are challenges in the investigation of trafficking in persons and related offences, such as extortionate work discrimination, and that the problem is structural. The challenges include the long duration of investigations of cases and the interpretation of what constitutes an offence: resources; inadequate awareness of the definition of each offence; delay in identifying offences; the fact that investigating offences is difficult and leave little time for investigation. The Committee also notes the information from the SAK, STTK and AKAVA according to which the exploitation of workers manifests itself in Finland in many ways, including serious labour exploitation and forms of extortionate work discrimination that meet the essential elements of trafficking in persons. They underline that it seems that in some industries, such as cleaning, some restaurants, construction, agricultural and seasonal work, exploitation is prevalent. The Committee encourages the Government to pursue its efforts to strengthen the knowledge and capacity of law enforcement bodies, with a view to ensure that all cases of forced labour (including trafficking in persons) are adequately identified and fully investigated, thus enabling the perpetrators to be brought to trial and prosecuted, and for sufficiently dissuasive penalties to be imposed. It requests the Government to provide information in this regard, as well as on the number of investigations, prosecutions and convictions applied for cases of trafficking in persons and extortionate work discrimination (chapters 25 and 47 of the Criminal Code), specifying the penalties imposed on perpetrators.