Finland Gender Equality Act
Act on Equality Between Women and Men
Laki naisten ja miesten välisestä tasa-arvosta (609/1986)
Finland
RET-FI-NA-EQUALIT-1986
The Act on Equality Between Women and Men (609/1986) in Finland aims to prevent gender-based discrimination and actively promote equality. It mandates equal pay for work of equal value, requires employers with 30+ employees to create annual gender equality plans including pay surveys, and prohibits discrimination based on gender identity or expression. The Act is enforced by the Ombudsman for Equality and the National Non-Discrimination and Equality Tribunal, with upcoming amendments from the EU Pay Transparency Directive set to enhance pay transparency and reporting obligations for larger companies. Finland published draft legislation in May 2025 to transpose the EU Pay Transparency Directive (2023/970). A government proposal was expected in late 2025, and parliament review is ongoing as of early 2026. Finland aims to meet the June 7, 2026 EU transposition deadline, introducing salary range disclosure, salary history bans, and enhanced pay gap reporting requirements.
Overview
The Act on Equality Between Women and Men (609/1986), often referred to as the Equality Act, is a foundational piece of legislation in Finland, enacted to prevent discrimination based on gender and to actively promote equality between women and men. It came into force on January 1, 1987, and has since undergone several amendments to broaden its scope and strengthen its provisions. The primary objective of the Act is to improve the status of women, particularly within working life, by addressing systemic inequalities and fostering a more equitable society. Beyond traditional gender, the Act's scope has expanded to include protection against discrimination based on gender identity and gender expression, reflecting an evolving understanding of gender diversity and inclusion.
Historically, Finland has been a proponent of gender equality, with the Constitution of Finland (731/1999) explicitly stating that everyone is equal before the law and that equality of the sexes is promoted in societal activity and working life, especially in the determination of pay and other terms of employment. The 1986 Act built upon these constitutional principles, providing a concrete legal framework to translate abstract ideals into actionable obligations for public authorities, educational institutions, and employers. Its introduction marked a significant step in Finland's commitment to not only prohibit discrimination but also to proactively advance gender equality through various mechanisms, including mandatory equality plans and oversight by dedicated authorities.
Key innovations of the Act include its dual approach of prohibiting discrimination while simultaneously imposing positive duties to promote equality. This means that entities are not merely expected to refrain from discriminatory practices but are actively required to implement measures that foster gender balance and equal opportunities. The Act's emphasis on working life, including provisions for equal pay for equal work or work of equal value, and the requirement for gender equality plans in workplaces, underscores its practical impact. Furthermore, the establishment of the Ombudsman for Equality and the National Non-Discrimination and Equality Tribunal provides robust enforcement and monitoring mechanisms, ensuring that the Act's provisions are upheld and that individuals have avenues for redress. The Act continues to be a dynamic instrument, with ongoing developments, such as the upcoming transposition of the EU Pay Transparency Directive, further enhancing its reach and effectiveness in promoting pay equity.
Definitions
The Act on Equality Between Women and Men provides crucial definitions that underpin its application and scope. An 'employee' is defined as a person who, by contract, undertakes to perform work for another party (an employer) under the latter's direction and supervision in return for pay or other remuneration. This definition also extends to individuals in a public-service employment relationship or other comparable service relationship with the State, a municipality, or other public body (an authority). Importantly, the Act's provisions on employees also apply, as appropriate, to persons working in other legal relationships that are treated as employment relationships, ensuring broad coverage of the workforce.
Conversely, an 'employer' is defined as the party or public body referred to in the employee definition. The Act's provisions on employers apply correspondingly to companies hiring labour from another employer (user enterprises), where the company exercises the authority of an employer as referred to in the Employment Contracts Act (55/2001). This ensures that responsibilities for promoting equality and preventing discrimination extend beyond direct employment relationships to cover various forms of work arrangements. The Act also defines 'gender identity' as an individual's experience of their own gender, and 'gender expression' as expressing one's gender through clothing, behaviour, or other equivalent means, thereby explicitly extending protection to gender minorities.
Central to the Act's purpose are the definitions of direct and indirect gender-based discrimination. Direct gender-based discrimination involves treating women and men differently on the basis of gender, or treating someone differently due to pregnancy, childbirth, gender identity, or gender expression. Indirect discrimination occurs when a seemingly gender-neutral provision, criterion, or practice places persons of a particular gender, gender identity, or gender expression at a disadvantage, unless such treatment is justified by an acceptable objective and the means chosen are considered appropriate and necessary. This nuanced approach acknowledges that discrimination can manifest in subtle ways, even through policies that appear neutral on the surface. The Act also explicitly prohibits sexual harassment, gender-based harassment, and any instruction to discriminate, further solidifying its comprehensive anti-discrimination framework.
Covered Employers
The Act on Equality Between Women and Men applies broadly across both the private and public sectors in Finland, encompassing a wide range of employers and organizations. Its general prohibition against gender-based discrimination and the positive duty to promote equality extend to virtually all societal activities and areas of life. This universal application ensures that the principles of gender equality are upheld in diverse contexts, from large corporations to small businesses, and across all levels of public administration. However, certain specific obligations within the Act are tied to employer size, introducing thresholds for particular requirements.
A significant threshold for employers is the requirement to prepare a gender equality plan. Employers who regularly have a personnel of at least 30 employees working in employment relationships are mandated to implement measures that promote gender equality as set out in an annually produced gender equality plan. This plan must specifically address pay and other terms of employment, and it may be integrated into existing personnel and training plans or occupational safety and health action plans. This provision ensures that medium to large employers actively assess and address gender equality within their own organizations, fostering a proactive approach to preventing discrimination and promoting equitable practices.
While the original 1986 Act established these foundational requirements, upcoming amendments driven by the EU Pay Transparency Directive will introduce new thresholds and obligations, particularly concerning pay transparency and reporting. As of May 18, 2026, the transposition of this directive will require companies employing 100 or more workers to undertake detailed gender pay-gap reporting. This reporting will be phased in, with companies of 150 to 249 employees submitting reports by 2027, and those with 100 to 149 employees by 2031. Furthermore, while all companies must disclose pay-setting criteria, only those with 50 or more employees will be required to explicitly outline pay-progression criteria. These new provisions will significantly expand the compliance burden for larger employers, pushing for greater accountability in pay equity.
Employee Rights
The Act on Equality Between Women and Men grants employees a comprehensive set of rights aimed at ensuring fair treatment and equal opportunities in the workplace, free from gender-based discrimination. A fundamental right is the entitlement to equal pay for the same work or work of equal value, irrespective of gender. This principle is enshrined in Finnish law as a human right, meaning that any unjustified pay differences between men and women performing comparable roles for the same employer are prohibited. Employees have the right to challenge such disparities and seek redress if discrimination is found.
Beyond pay, employees have the right to non-discrimination in all aspects of employment, including recruitment, terms of employment, working conditions, career advancement, and termination. The Act explicitly prohibits discrimination based on gender, gender identity, gender expression, pregnancy, childbirth, parenthood, or family obligations. This means employees cannot be treated less favorably due to these characteristics, nor can they be subjected to sexual or gender-based harassment. If an employee suspects discrimination, they have the right to seek information and assistance from their representative or the Ombudsman for Equality, who can help investigate the matter.
With the upcoming implementation of the EU Pay Transparency Directive, employee rights will be further strengthened, particularly concerning access to pay information. As of May 2026, employees will have the right to request information annually on pay levels and average pay by gender for roles of equal or comparable value. This new right aims to empower employees with the data needed to identify potential pay disparities and exercise their right to equal pay more effectively. Furthermore, the directive will introduce a ban on employers asking job applicants about their pay history, ensuring that past inequities do not perpetuate future pay discrimination. These enhanced transparency measures provide employees with more robust tools to advocate for their rights and ensure equitable compensation.
Pay Transparency Requirements
The original Act on Equality Between Women and Men (609/1986) established a general principle of promoting equality in terms of employment, especially in pay, and required employers with 30 or more employees to conduct pay surveys as part of their gender equality plans. These surveys aim to identify and rectify unjustified pay differences between women and men performing the same work or work of equal value. While this mandated a degree of internal pay analysis, it did not impose explicit requirements for external pay transparency, such as disclosing salary ranges in job postings or providing individual pay information to employees upon request, beyond what was necessary for the internal pay survey.
However, Finland is currently in the process of transposing the EU Pay Transparency Directive (Directive (EU) 2023/970), which will significantly enhance pay transparency requirements. The Finnish government published its draft legislation in May 2025, with implementation expected by May 18, 2026. Under the proposed amendments, employers will be required to provide job applicants with information on the starting salary or salary range for a position in a timely manner, though not necessarily in the job posting itself. This aims to ensure transparency during the recruitment process, allowing applicants to make informed decisions and preventing discriminatory pay offers.
Furthermore, the new legislation will introduce a ban on employers inquiring about job applicants' pay history, preventing past pay inequities from influencing future compensation. A crucial new right for employees will be the ability to request information annually on their individual pay level and the average pay levels, broken down by gender, for workers performing equal work or work of equal value. Employers will be required to provide this information within two months of the employee's request. While all companies must disclose their pay-setting criteria transparently to employees, companies with 50 or more employees will also need to explicitly outline pay-progression criteria. These measures collectively aim to significantly increase transparency around salary structures and empower employees to identify and challenge potential pay discrimination.
Reporting & Audit Obligations
Under the Act on Equality Between Women and Men, employers regularly employing at least 30 employees are subject to specific reporting and audit obligations centered around the creation and implementation of a gender equality plan. This plan must be prepared annually in cooperation with personnel representatives and is a key instrument for promoting gender equality in working life. The plan's content must include a survey of the gender equality situation within the workplace, an identification of related problems, and a detailed outline of necessary measures planned for implementation to promote gender equality. A critical component of this plan is a comprehensive pay survey, designed to ensure there are no unjustified pay differences between women and men engaged in either the same work or work of equal value.
The pay survey requires employers to compare pay between men and women in each employee group. If the analysis reveals differences in pay, the employer must investigate the reasons for these disparities. Acceptable reasons for pay differences, as guided by the Ombudsman for Equality, may include work experience, education, personal performance, different collective agreements, or market factors. However, if no objective justification is found, the employer is obligated to take appropriate measures to rectify the situation. These gender equality plans are internal workplace documents and are not typically required to be published or reported to a government agency, but employees must be informed about them and any updates.
Significant new reporting obligations will be introduced with the transposition of the EU Pay Transparency Directive, expected by May 2026. Companies employing 100 or more workers will be required to calculate and report detailed gender pay-gap metrics. This data will include median pay gaps, gender distributions within pay quartiles, and differences in variable pay components. The reporting frequency will be tied to employer size: organizations with 250 or more employees will report annually, while those with 150 to 249 staff will report every three years. Companies with 100 to 149 employees will have their first report due by 2031, after which reporting will also occur every three years. These reports will be submitted to Statistics Finland, which will then forward the information to the Equality Ombudsman. If a reported gender pay gap exceeds 5% without objective justification, the employer will be required to conduct a joint pay assessment with employee representatives to eliminate the unexplained differences within six months.
Governance & Enforcement Bodies
The enforcement and supervision of the Act on Equality Between Women and Men are primarily carried out by two key independent bodies: the Ombudsman for Equality and the National Non-Discrimination and Equality Tribunal. The Ombudsman for Equality is an independent authority whose main duty is to monitor compliance with the Act, particularly its prohibitions of discrimination. The Ombudsman provides information and guidance on the Act's application, promotes its objectives through initiatives and advice, and takes action to facilitate reconciliation in matters concerning discrimination. The Ombudsman's powers extend to issues related to gender, gender identity, and gender expression, encompassing both combating discrimination and proactively promoting equality.
The Ombudsman for Equality has significant investigative powers, including the right to carry out workplace inspections if there are reasons to suspect non-compliance with the Act's obligations. They can also request information from authorities, free of charge, even if the information is otherwise confidential, to aid in supervision. If an employee suspects pay discrimination, their representative has the right to obtain information from the Ombudsman for Equality regarding the pay and terms of employment of an individual employee, provided there are justified grounds for suspicion. The Ombudsman operates under the administrative branch of the Ministry of Justice, ensuring its independence in carrying out its statutory duties.
The National Non-Discrimination and Equality Tribunal (formerly the Equality Board) is another crucial enforcement body. While the Ombudsman for Equality primarily focuses on guidance, advice, and reconciliation, the Tribunal has the power to issue legally binding decisions. The Ombudsman for Equality can bring matters to the Tribunal, which can prohibit discriminatory practices and, if necessary, oblige a party to draft a gender equality plan under the threat of a conditional fine. The Tribunal's role is to provide legal protection and ensure that the Act's provisions are enforced, offering a formal avenue for addressing and rectifying instances of discrimination that cannot be resolved through other means. Together, these two bodies form a robust system for upholding gender equality in Finland.
Monitoring & Evaluation
Monitoring and evaluation of compliance with the Act on Equality Between Women and Men are central to its effectiveness, primarily overseen by the Ombudsman for Equality. The Ombudsman's duties include systematically monitoring compliance with the Act, particularly its anti-discrimination provisions, across various sectors of society. This involves not only reacting to complaints but also proactively assessing the implementation of equality between women and men. The Ombudsman achieves this through various means, including providing information, offering advice and guidance, and promoting the Act's intentions through initiatives.
A key monitoring tool is the Ombudsman's right to conduct workplace inspections. If there are grounds to believe that an employer has acted contrary to the Act or failed to comply with its equality obligations, the Ombudsman can carry out an inspection. While inspections at an employer's residence require a special reason for suspicion, the general power to inspect workplaces allows for direct verification of compliance. During these inspections, the Ombudsman is entitled to assistance from other authorities and must conduct the inspection without causing unnecessary inconvenience or costs. This direct oversight mechanism is crucial for identifying and addressing non-compliance at the organizational level.
Furthermore, the Act mandates that employers with 30 or more employees prepare annual gender equality plans, which include a pay survey. While these plans are internal, their existence and content are subject to the Ombudsman's oversight, particularly when investigating suspected discrimination. The effectiveness of these plans and the measures taken are implicitly evaluated through the ongoing monitoring activities of the Ombudsman and the potential for complaints to be brought before the National Non-Discrimination and Equality Tribunal. The upcoming EU Pay Transparency Directive will introduce more structured evaluation criteria, as companies with 100 or more employees will be required to report detailed gender pay gap metrics, which will be forwarded to the Equality Ombudsman, enabling a more data-driven assessment of pay equity.
Enforcement & Penalties
The Act on Equality Between Women and Men provides for various enforcement mechanisms and penalties to ensure compliance and provide redress for victims of discrimination. If an employer or other party is found to have engaged in gender-based discrimination, they may be liable to pay compensation to the affected person. This compensation is claimed at the district court and aims to provide financial redress for the harm suffered due to discriminatory practices. The Act also prohibits countermeasures, meaning that treating someone less favorably because they have appealed to their rights under the Act constitutes further discrimination, for which additional remedies may be sought.
The National Non-Discrimination and Equality Tribunal plays a crucial role in enforcing the Act. The Tribunal has the power to prohibit discriminatory practices and can order a party to cease such practices. Furthermore, if an employer fails to comply with their obligations, such as preparing a gender equality plan or conducting a pay survey, the Tribunal can oblige them to do so, under the threat of a conditional fine. This conditional fine serves as a coercive measure to ensure compliance with the Tribunal's orders, with the payment of the penalty ordered by the Tribunal if the non-compliance persists.
While the Act does not specify fixed fine amounts for all violations, the possibility of imposing conditional fines by the Tribunal provides a significant deterrent. The Ombudsman for Equality also has the right to impose a conditional fine to enforce the duty to provide information or present documents necessary for supervision, and decisions on such fines are not subject to appeal. The overall enforcement framework is designed to be comprehensive, offering both compensatory remedies for individuals and injunctive powers for the Tribunal to halt discriminatory practices and compel compliance with the Act's proactive equality promotion duties. The appeals process for Tribunal decisions would typically follow general administrative law procedures.
Relationship to Other Laws
The Act on Equality Between Women and Men operates within a broader legal framework in Finland, interacting with and complementing several other key statutes. Foremost among these is the Constitution of Finland (731/1999), which establishes the fundamental principle of equality before the law and mandates the promotion of gender equality in societal activity and working life, particularly concerning pay and employment terms. The Equality Act serves as the specific legislative instrument that operationalizes these constitutional principles, providing detailed provisions and enforcement mechanisms for gender equality.
Another crucial piece of legislation is the Non-Discrimination Act (1325/2014). While the Equality Act specifically addresses discrimination based on gender, gender identity, and gender expression, the Non-Discrimination Act prohibits discrimination on a broader range of personal characteristics, including age, origin, nationality, language, religion, belief, opinion, political activity, trade union activity, family relationships, state of health, disability, and sexual orientation. These two acts work in tandem to provide comprehensive anti-discrimination protection in Finland, with the Equality Act offering specialized provisions for gender-related discrimination and the Non-Discrimination Act covering other protected grounds.
The Equality Act also interacts closely with the Employment Contracts Act (55/2001), which is the cornerstone of Finnish employment law. The Employment Contracts Act includes general requirements for equal treatment and prohibits improper treatment of employees, while the Equality Act provides specific provisions for gender-based discrimination in employment, including equal pay for equal work. Furthermore, collective bargaining agreements (CBAs) play a significant role in Finland's labor market, often setting minimum salaries and other employment terms. The Equality Act's provisions are generally binding, but it acknowledges that collective agreements concluded before its entry into force might have precedence if inconsistent. However, the Act's principles of equal pay and non-discrimination are fundamental and guide the interpretation and application of all employment-related regulations and agreements.
International Context
Finland's Act on Equality Between Women and Men is deeply rooted in and influenced by international human rights standards and European Union law, reflecting the country's commitment to global and regional equality norms. At the international level, the Act aligns with the principles enshrined in key International Labour Organization (ILO) Conventions. Specifically, ILO Convention No. 100 concerning Equal Remuneration for Men and Women Workers for Work of Equal Value (1951) and ILO Convention No. 111 concerning Discrimination in Respect of Employment and Occupation (1958) provide the foundational international framework for equal pay and non-discrimination in employment. Finland, as an ILO member state, is bound by these conventions, and the Equality Act serves as a primary instrument for their domestic implementation, particularly through its provisions on equal pay and the prohibition of gender-based discrimination in working life.
Within the European context, the Act is significantly shaped by European Union law, particularly directives aimed at promoting gender equality. The most recent and impactful development is the EU Pay Transparency Directive (Directive (EU) 2023/970), which Finland is currently in the process of transposing into national law. This directive mandates member states to introduce measures such as salary range disclosure in job advertisements, a ban on salary history inquiries, and the right for employees to request pay information, as well as gender pay gap reporting for larger companies. The Finnish government's draft legislation, published in May 2025, primarily amends the existing Act on Equality Between Women and Men to incorporate these new requirements, demonstrating how the national act evolves in response to broader EU-level initiatives to strengthen pay equity and transparency across the Union.
Implementation Timeline
| Date | Milestone | Status |
|---|---|---|
| 1986-08-08 | Act on Equality Between Women and Men (609/1986) issued | Adopted |
| 1987-01-01 | Act on Equality Between Women and Men (609/1986) enters into force | In Force |
| 1995-01-01 | Amendment (206/1995) to the Act, strengthening authorities' duty to promote gender equality | In Force (Amended) |
| 2005-01-01 | Amendment (232/2005) to the Act, broadening scope and duties, including for employers with 30+ employees to prepare gender equality plans with pay surveys | In Force (Amended) |
| 2014-01-01 | Amendment (1329/2014) to the Act, explicitly preventing discrimination based on gender identity or gender expression | In Force (Amended) |
| 2015-01-01 | Ombudsman for Equality administratively moved under the Ministry of Justice | In Force |
| 2025-05-01 | Finnish government publishes draft legislation to implement EU Pay Transparency Directive | Proposed |
| 2026-05-18 | Expected entry into force of amendments transposing EU Pay Transparency Directive | Awaiting Entry |
| 2027-01-01 | First gender pay gap reports due for companies with 150-249 employees (under EU Directive transposition) | Awaiting Entry |
| 2031-01-01 | First gender pay gap reports due for companies with 100-149 employees (under EU Directive transposition) | Awaiting Entry |
Compliance Checklist
| Requirement | Action Required | Deadline |
|---|---|---|
| **General Non-Discrimination** | Ensure no direct or indirect discrimination based on gender, gender identity, gender expression, pregnancy, childbirth, parenthood, or family obligations in all employment aspects. | Ongoing |
| **Equal Pay Principle** | Ensure equal pay for the same work or work of equal value, irrespective of gender. | Ongoing |
| **Gender Equality Plan (30+ employees)** | Prepare an annual gender equality plan in cooperation with personnel representatives. | Annually |
| **Pay Survey (30+ employees)** | Conduct a comprehensive pay survey as part of the gender equality plan to identify and rectify unjustified pay differences. | Annually (as part of plan) |
| **Workplace Conditions** | Develop working conditions suitable for both women and men, facilitating work-life balance. | Ongoing |
| **Prevent Harassment** | Act to prevent sexual harassment and gender-based harassment in the workplace. | Ongoing |
| **Pay Transparency in Recruitment (Upcoming)** | Provide job applicants with starting salary or salary range information in a timely manner during recruitment. | By May 18, 2026 |
| **Ban on Salary History Inquiries (Upcoming)** | Refrain from asking job applicants about their pay history. | By May 18, 2026 |
| **Employee Right to Pay Information (Upcoming)** | Provide employees, upon annual request, with information on their individual pay and average pay levels by gender for comparable roles. | Within 2 months of request (from May 18, 2026) |
| **Pay-Setting Criteria Disclosure (Upcoming)** | Disclose criteria for pay determination to all employees. For 50+ employees, explicitly outline pay-progression criteria. | By May 18, 2026 |
| **Gender Pay Gap Reporting (100+ employees, Upcoming)** | Calculate and report detailed gender pay gap metrics (median pay gaps, gender distribution in pay quartiles, variable pay). | Phased: 150-249 employees by 2027; 100-149 employees by 2031 (then every 3 years) |
| **Joint Pay Assessment (if 5%+ unexplained gap, Upcoming)** | Conduct a joint pay assessment with employee representatives to eliminate unexplained pay differences if the reported gender pay gap exceeds 5%. | Within 6 months of identifying gap (from May 18, 2026) |
Sources and References
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