Statement on the draft Government proposal for the amendment of section 1 of the Personal Files Act (wellbeing services counties and joint authorities, pay publicity) (TAS 620/2021, issued on 17 January 2022)
The Ombudsman for Equality has been asked for a statement on the draft Government proposal referred to in the title. The said Government proposal proposes expanding the scope of the Personal File Act (Nimikirjalaki, 1010/1989, section 1) to make the information possessed by wellbeing services counties and joint authorities on the pay and pay components of their personnel public as they are in municipalities and joint municipal authorities.
The Ombudsman for Equality is in favour of amending section 1 of the Personal Files Act as proposed.
Justification
The Ombudsman for Equality has drawn attention to the need to amend the Personal Files Act, for example in the Ombudsman's statement to the Employment and Equality Committee of Parliament issued on 11 March 2021 regarding the Government proposal to Parliament for legislation concerning the establishment of wellbeing services counties and the organisational reform of the healthcare and social welfare services and rescue services. In addition, the Ombudsman for Equality has expressed concern over the publicity of pay information in a statement given to the Ministry of Social Affairs and Health on 25 September 2020 regarding a draft Government proposal for legislation for an organisational reform of the healthcare and social welfare services and rescue services and the establishment of counties.
In the above-mentioned statements, the Ombudsman for Equality found it problematic that the pay information of the personnel of wellbeing services counties and joint authorities had not been decreed public by law, as has been done for other public sector personnel. The Ombudsman for Equality also noted in the statements that a lack of pay transparency hinders the detection of pay discrimination and prevents the realisation of the principle of equal pay.
The rationale for the draft Government proposal mentions the statement of the Employment and Equality Committee of Parliament (TyVL 3/2021 vp.), in which the Committee considered it important that ”the publicity of pay information be extended to also apply to the pay of the personnel of the future wellbeing services counties”. It should also be noted that section 8, subsection 1, paragraph 3 of the Act on Equality between Women and Men prohibits the application of the pay or other terms of employment in such a way that one or more employees find themselves in a less favourable position based on their gender than one or more other employees in the employer’s service.
The successful investigation of suspected pay discrimination and realisation of the principle of equal pay requires the availability of effective legal remedies to those who suspect discrimination, and above all the right to be informed of the pay of possible individuals in equivalent positions. The publicity of pay information provided for in the Personal Files Act has made this possible for public sector personnel. The Ombudsman for Equality accordingly commends the fact that the amendment to the scope of section 1 of the Personal Files Act will ensure that personnel moving from municipalities and joint municipal authorities to the service of wellbeing services counties and joint authorities will retain this opportunity in future as well.
02.05.2022
