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

Finland

Labour Inspection Convention, 1947 (No. 81) (Ratification: 1950)
Labour Inspection (Agriculture) Convention, 1969 (No. 129) (Ratification: 1974)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

The Committee notes the observations of the Central Organization of Finnish Trade Unions (SAK) on the application of Convention No. 81, communicated with the Government’s report.

Article 3(1) and (2) of Convention No. 81 and Article 6(1) and (3) of Convention No. 129. Cooperation with the police in the control of immigration law. Following its previous comments, the Committee notes the indication in the report of the Government that the labour inspectorate still carries out joint inspections with the police and the Finnish Border Guard in industries such as agriculture, restaurants, and construction, as it has been established that there are workers without the necessary work permits in these sectors. According to the Government, cooperation between various authorities is considered an effective method to tackle the informal economy and allows the authorities to make effective use of their different powers. The Government indicates that, based on the feedback received, the cooperation between authorities does not cause fear in the workplace and instead, increases trust in the maintenance of a fair and harmonious labour market, encouraging employers to comply with their statutory obligations. The Government further states that labour inspection related to migrant workers aims to ensure that workers have safe working conditions and terms of employment that are compliant with legislation, and that the labour inspectorate provides guidance to workers on minimum terms of employment. The Government nevertheless indicates that that all matters related to unpaid wages and social benefits are handled by the Centre for Economic Development, Transport and the Environment (ELY Centre), and the labour inspectorate does not have any data regarding the wages or social security benefits paid to migrant labourers. Furthermore, the Committee observes that the Government also refers to the expectation of potential opposition and aggressive behaviour at certain inspections of this type, making the presence of the police and the Finnish Border Guard useful to ensure the safety of labour inspectors. The Committee refers the Government to its 2006 General Survey on labour inspection, paragraph 78, and underlines that the objective of labour inspection can only be met if workers are convinced that the primary task of the inspectorate is to enforce legal provisions relating to conditions of work and protection of workers. The Committee also notes the observations of the SAK, indicating that the current resources for occupational safety and health (OSH) enforcement are inadequate, and that addressing that enforcement in relation to labour abuses in the shadow economy should not be achieved at the expense of OSH enforcement. The Committee therefore urges the Government to take the necessary measures to ensure that labour inspectors’ participation in joint inspections does not interfere with the effective discharge of their primary duties under Article 3(1) of Convention No. 81 and Article 6(1) of Convention No. 129. The Committee requests the Government to provide further information on the measures taken to ensure that labour inspectors’ participation in joint inspections does not prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers. In addition, the Committee requests the Government to provide further detailed information on the procedure for enforcing employers’ obligations arising from the statutory rights of undocumented migrant workers for the period of their effective employment relationship, including information on the labour inspectorate’s advisory role in directing such workers to the ELY Centre and to social security authorities.

The Committee is raising other matters in a request addressed directly to the Government.