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A disabled person is defined in accordance with the ILO Convention No 159, 1983 on Vocational Rehabilitation and Employment. A disabled person is a person whose working ability and earning capacity have been substantially reduced as a result of an impairment, injury, or sickness.
Under the Employment Act discriminating against jobseekers or employees is penalised, and an employee cannot be dismissed without a valid employment-related reason.
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Finland has no over-arching anti-discrimination legislation, quota, or preferential employment policies for people with disabilities. They are covered under mainstream Finnish employment legislation. However, special services such as vocational rehabilitation and training are provided to enhance the employment opportunities of persons' with disabilities, if needed.1 A disabled person is defined in accordance with the ILO Convention No 159, 1983 on Vocational Rehabilitation and Employment. A disabled person is a person whose working ability and earning capacity have been substantially reduced as a result of an impairment, injury, or sickness.2
It is impossible to list all relevant legislation, but this report introduces some central legislation on employment rehabilitation, occupational health care, and working hours. A more comprehensive list can be found in the appendix.
Amendments to the Constitution Act (969/1995) of August 1995 renewed clauses on fundamental rights and adopted new ones. Though the Constitution Act does not specifically address employment, which is covered under separate labour legislation, it outlaws discrimination on the basis of disability.
According to the Employment Act (275/1987), "A finding of unlawful labour discrimination will be given, if, in advertising vacancies, during selection of applicants or employment, the employee is placed in a different position, without sufficient grounds, because of, for example, his or her state of health."
Under the Employment Act discriminating against jobseekers or employees is penalised, and an employee cannot be dismissed without a valid employment-related reason. The employer cannot terminate a contract of employment for a reason related to the employee's disability unless it is impossible to make reasonable accommodations. In some cases, employers may be obligated to create tailor-made jobs for persons with disabilities. However, the employer has a legal right of dismissal after one year of partial incapacity related to sickness, if suitable work cannot be found. Information about the actual operations and effectiveness of this law is not available.3
The Employment Services Act (1005/1993) clarifies the duties of labour authorities by providing more specific provisions on employment services such as vocational rehabilitation services. There are 183 local employment authorities in Finland. Their main task is to promote access of the unemployed to the labour market. People with disabilities are entitled to use all the employment services available. Integration into mainstream employment programmes is preferred and promoted by employment services.4
Legislation on working hours was revised in 1996. It is now possible to set working hours at the local level and increase flexibility in the workplace.5 Part-time pensions, working hour banks, shortened working hours, and sabbatical leaves are examples of possible flexible working time arrangements.
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