Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159) - Finland (Ratification: 1985)

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the observations made by the Federation of Finnish Enterprises (SY), the Confederation of Finnish Industries (EK), 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), transmitted together with the Government’s report.

Articles 3 and 7 of the Convention. Promotion of vocational rehabilitation and employment opportunities for persons with disabilities. The Government indicates that the Act on the Rehabilitation Benefits and Rehabilitation Allowance Benefits of the Social Insurance Institution of Finland (1097/2018) was amended in January 2019. The amendment introduced a new section 7a to the Act on the organization of vocational rehabilitation for young adults. Under the new provision, insured persons between the ages of 16 and 29 are entitled to vocational rehabilitation if their functional capacity is materially impaired and rehabilitation is appropriate to support or promote their functional capacity and life management skills, as well as their ability to study or to secure employment. The Government adds that the Social Insurance Institution shall arrange vocational rehabilitation services for young adults that determine and assess their needs for rehabilitation, rehabilitation opportunities, study and employment opportunities, together with coaching services (subsection 4 of section 7a). Young adults no longer need to submit forms or medical certificates at the stage of applying for rehabilitation and are more actively guided to Social Insurance Institution rehabilitation through their own networks, such as the Ohjaamo One-Stop Guidance Centres and Outreach youth work. The Government indicates that the number of unemployed people with disabilities and long-term illnesses declined until the beginning of the coronavirus pandemic in April 2020 and that the negative effects of the pandemic on unemployment were significantly less pronounced for these persons. The Committee notes that various measures have been taken and new projects, such as the Work Ability Programme and the “Career opportunities for people with partial work ability” (OTE) have been carried out to improve the labour market opportunities of persons with partial work ability. The Committee notes that, during the OTE project (2015–2018), the number of unemployed persons with partial work ability decreased by 30.2 per cent and persons with partial work ability found employment mostly in the open labour market and in all sectors. The Government indicates that, following the OTE key project, there were 12,000 fewer unemployed jobseekers with partial work ability than at the start of the project, which generated direct savings of €100 million per year, as unemployment costs were reduced. The Committee notes that, from 2015 to 2020, the unemployment rate of persons with disabilities and long-term illnesses declined from 52,654 to 46,799, respectively. The Government also refers to the IPS–Sijoita ja valmenna! project (Individual Placement and Support project), which was launched in different parts of Finland in early 2021 to ensure that services supporting work ability are equally available and accessible to persons with disabilities. The Committee notes that the Government plans to extend the IPS–Sijoita ja valmenna! operating model to a total of six hospital districts to support people with mental health disorders on an equal basis to assist them in entering, returning and remaining in the labour market. It further plans to increase the number of work ability coordinators in the Employment and Economic Development Offices (TE Offices) to support people with an impaired ability for work. With regard to people with partial work ability, the Government indicates that a Special Task Company (Välittäjä Oy) has been established to advance the employment of people with partial work ability who occupy a weak position in the labour market. The Välittäjä Oy offers a supported job, as well as the training and other support needed to enable people with partial work ability to secure employment in the open labour market. The Government also refers to subsection 3 of section 7 of the Act on the Rehabilitation Benefits and Rehabilitation Allowance Benefits of the Social Insurance Institution of Finland (566/2005), which governs a business subsidy for vocational rehabilitation. In this regard, the SY observes that wage subsidies for promoting the employment of persons with disabilities should not be used as a permanent solution for employing disadvantaged groups. In addition, the EK observes that the use of wage subsidies for the employment of people with disabilities is justified; however, it considers that wage subsidies must not be used in a way that distorts competition and must be limited to measures that support the employment of persons with disabilities who are facing the most severe employment-related difficulties. The SAK, the STTK and the AKAVA observe that employers’ attitudes towards the employment of people with partial work ability have become more positive. They further observe that the 2021 report of the Ministry of Economic Affairs and Employment emphasizes that employers require more information and support in relation to the recruitment of people with partial work ability and in planning the modifications these persons may require for work purposes. They also observe that vocational rehabilitation for persons already in employment must begin at a sufficiently early stage while the employee is still able to work. The Committee requests the Government to continue providing detailed and up-to-date information, including statistics disaggregated by sex, age and occupation relating to the impact of the measures adopted to promote employment opportunities for persons with disabilities in the open labour market. The Committee also requests the Government to provide information on the manner in which the organizations of workers and employers, as well as representative organizations of and for persons with disabilities, are consulted with regard to the implementation, monitoring and review of the vocational rehabilitation and employment policy for persons with disabilities.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the observations made by the Central Organization of Finnish Trade Unions (SAK) and the Confederation of Unions for Professional and Managerial Staff in Finland (AKAVA) which were communicated with the Government’s report.

Articles 3 and 7 of the Convention. Promotion of vocational rehabilitation and employment opportunities for persons with disabilities. The Government provides in its report information on the laws and regulations that were amended since its last report and information on the practical application of the Convention. The Committee notes in this regard that recipients of vocational rehabilitation increased from 13,389 persons with reduced working capacity in 2011 to 15,178 in 2014. It also notes that the number of job placements for jobseekers with disabilities by the public employment service and active labour market measures arranged by the labour administration, decreased from 39,392 in 2010 (out of 91,433 jobseekers) to 24,881 in 2014 (out of 86,992 jobseekers). In their joint observations, the SAK and AKAVA indicate that, currently, persons with disabilities in Finland do not have equal opportunities of employment in the open labour market. For example, some people on partial disability pension cannot work even though they would want to. The SAK and AKAVA add that there are also problems in the availability of vocational rehabilitation as it is substantially weakened by the fragmentation of the rehabilitation system. The workers’ organizations are also of the view that the tool range of vocational rehabilitation should be widened to better answer to the needs of the rehabilitated person, such as the disability or illness limiting the work capacity, or the remaining work capacity. Moreover, the SAK and AKAVA refer to a 2011 report of the Ministry of Social Affairs and Health entitled “Everybody along! People With Partial Work Capacity In The Labour Market”. According to this report, based on the replies of employers, it seems that those with a disability, and especially the mentally disabled and impaired, are the least wanted in the labour market when compared to a young person without a vocational education, a long-term unemployed person or an immigrant. As to working and coping at work, no related negative views were expressed. Three out of five employers stated that the employees on the marginal area of the labour market do not have problems as such with others, and that they are committed to their work. Over half of the employers estimated that special arrangements are problematic and the risk of working incapacity is greater. Overall, the evaluation of qualification was seen as a problem, and employment was suspected to be inefficient relative to its costs. The Committee notes that the Programme for persons with partial work capacity of the Ministry of Social Affairs and Health (2013–15) aims to develop working solutions with practical level actors for finding employment for those with partial work capacity and helping them remain employed. The Government indicates that Finland has a wide range of tools in its service system to enable sustained employment and facilitate job placement of a person with a partial working capacity. The Government adds, however, that this range of tools is not utilized effectively enough. Vocational rehabilitation measures are part of this range of tools. The Committee requests the Government to provide information on the impact and effectiveness of the measures implemented in the context of its policy on vocational rehabilitation and employment of persons with disabilities. Please also continue to include relevant information, supported by statistics, on the implementation of the Convention.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

Further to previous comments, the Government states in its report that 1 per cent of GDP was spent on rehabilitation in 1997, counting income support and the operating expenses of sheltered workshops. Employment of persons with disabilities in the open labour market has substantially increased in 1994-98 with the ending of the recession, and approximately 86 per cent of disabled people were employed. However, long-term unemployment of the disabled remains high due to an increase in those over 50 years old, and the number of disabled is growing due to the ageing workforce. The five-year National Programme on Ageing Workers (1998-2002) aims to improve the labour market standing of workers over 45 years of age by changing the structure of working life and promoting legislation, training, research and development. Lastly, in 1998 the Minister of Labour adopted an action programme to prevent exclusion of persons with disabilities.

The Central Organization of Finnish Trade Unions (SAK) appreciates that more effort has been put into maintaining the working capacity of people with disabilities through early rehabilitation of workers; but action is often taken too late in practice. Early symptoms tend to go unnoticed and access to treatment is extremely difficult. Furthermore, rehabilitation for mental health problems is a growing area of need that is not adequately met.

The Committee notes the progress that has been made, and the areas where further improvements are possible. It would appreciate receiving further information in future reports on the impact of the five-year National Programme on Ageing Workers (1998-2002) and the action programme to prevent exclusion of persons with disabilities.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes with interest the information supplied by the Government concerning various measures undertaken in order to give better application to the Convention, and in particular those aiming at promoting employment opportunities for disabled persons in the open labour market. It also notes the comments of the Central Organization of Finnish Trade Unions (SAK) attached to the Government's report. The SAK has noted defects in the practical implementation of the rehabilitation reform and considered mass unemployment as the biggest reason for it, since the opportunities for rehabilitation have been reduced. The Government indicates on its part that the proportion of long-term unemployed disabled persons has increased from 15 per cent to 45 per cent during the period 1989-92. It also states that, as a consequence of mass unemployment, the possibilities of the disabled to find employment in the open labour market are decidedly smaller than at the end of the 1980s. The Government informs that, in this situation, the National Advisory Committee on Rehabilitation, which works in conjunction with the Ministry of Social Affairs and Health, has been assigned to revise the National Programme for Vocational Rehabilitation adopted in 1987. The Committee would be grateful if the Government would continue to supply, in its future reports, information on practical application of the Convention, as required by point V of the report form, including statistics, extracts from reports, studies and inquiries, related in particular to the above-mentioned problems and comments of the trade unions. Please also continue to supply information on the follow-up of the revision of the national policy, for which the National Advisory Committee on Rehabilitation is responsible, and supply a copy of a report which has to be prepared on the subject, as indicated in the Government's report. Concerning the question of unemployment, the Committee refers to its observation under the Employment Policy Convention (No. 122).

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee has noted the information supplied in reply to the previous direct request. It has also noted the attached comments of the Central Organisation of Finnish Trade Unions (SAK) and the Confederation of Salaried Employees (TVK) regarding the application of the Convention. The SAK refers to the Finnish National Programme for the Vocational Rehabilitation and Employment of Disabled Persons, prepared with the participation of the Workers' and Employers' organisations, and approved in 1987. The SAK considers that the number of versatile rehabilitation services under this programme is still insufficient and so is the subsistence support during the rehabilitation. The TVK considers the administrative decentralisation to be crucial and the situation of vocational training and other services unsatisfactory, and it also points out economic and regional differences in the services, training and subsistence support.

The Committee has also noted the Government's indication that the Finnish National Programme is meant to clarify the administration and operation of the rehabilitation services and employment of disabled persons and that many reform projects to realise the programme are in hand, including legislative reform for the subsistence security during the rehabilitation and the development of early vocational rehabilitation at the workplace. The Committee asks the Government to supply the text of the programme itself with its next report, to indicate whether it will be peridocially reviewed (Article 2 of the Convention), and to continue to provide information on measures taken for the implementation of the programme, related in particular to the above-mentioned comments of the trade unions.

The Committee has further noted that the findings of the study, referred to in its previous direct request are not yet available and that there is another study initiated in 1989 on permanently subsidised work for the disabled. Please include in the future reports details of the findings of these studies and of any other research on the related matters.

Article 3. The Government states in its report that under the new employment system from 1 January 1988, disabled persons who have been found incapable of working by the legally valid decision of the social insurance are not covered by the employment subsidy system. The Committee hopes that the next report will give further clarification on this point, including, in particular, the criteria of "incapability" and details of the employment subsidy system from which these persons are excluded.

Article 8. The Government also refers to the regional differences in the status of the disabled on the labour market. Please describe measures taken or envisaged with a view to reducing the differences between regions as regards vocational rehabilitation and employment services for disabled persons.