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Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2024, published 113rd ILC session (2025)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Articles 4, 5 and 6 of the Convention. Total or partial exceptions – Compensatory rest. The Committee recalls its previous comment in which it requested the Government to provide additional information on the application in practice of section 14 of the Working Hours Act (1982:673) that authorizes temporary exceptions to the standard weekly rest period if required by special circumstances and on condition that the employee receives compensatory leave. In the absence of any new information in the Government’s report, the Committee once again requests the Government to: (i) give more detailed particulars on any exceptions that may have been authorized so far under section 14 of the Working Hours Act; (ii) specify the legal provisions, if any, prescribing the time frame within which compensatory rest must be granted for work performed on a day of weekly rest; and (iii) provide an updated list of all the categories of workers and types of establishment which are currently subject to permanent or temporary exemptions from the standard weekly rest scheme. The Committee would also appreciate receiving sample copies of collective agreements in the industrial sector containing clauses on weekly rest.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Articles 9 and 10 of the Convention. Measures to facilitate access to part time work and to ensure voluntary transfer from full-time to part-time work or vice versa. The Committee recalls its previous comment in which it noted the comments of the Swedish Trade Union Confederation (LO), the Swedish Confederation for Professional Employees (TCO) and the Swedish Confederation of Professional Associations (SACO), according to which the Government’s decision to limit the number of days part-time workers may receive unemployment benefit from 150 to 75, places unfairly all the responsibility and cost of part-time unemployment on the individual worker. The Committee also recalls that the intention behind the 2008 changes to the unemployment insurance scheme was to increase pressure on part time workers to apply for full-time jobs. In its latest report, the Government indicates that concerns have been raised as to the effects of that reform, and as a result, the Government decided in September 2012 to commission an inquiry to analyse the effects of the limitation of the unemployment benefit for part-time workers to 75 days and to formulate proposals for new legislation. The Committee requests the Government to keep the Office informed of any further developments in this respect and to communicate a copy of the report of the inquiry once it has been completed.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 6 of the Convention. Periods of incapacity due to sickness or injury not to be counted as annual leave. The Committee notes the observations of the Swedish Confederation for Professional Employees (TCO), dated 18 November 2013, according to which the amendment introduced by the Government to section 6 of the Annual Leave Act – allegedly to simplify the legislation – was strongly criticized by the trade unions at the time, as it practically meant that if an employee was sick or incapacitated because of an occupational injury, the time on which his holiday pay is calculated was reduced by one year, and as a result, he could lose between 13 and 25 days of paid holiday. The TCO therefore considers that instead of being a simplification, the amendment was rather an important deterioration of the terms of employment for sick and injured employees. The Committee requests the Government to transmit any comments it may wish to make in response to the observations of the TCO.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 4 of the Convention. Total or partial exceptions. The Committee notes that section 14 of the Working Hours Act (1982:673) provides that temporary exceptions to the normal weekly rest scheme may be made where required by special circumstances that the employer could not have foreseen. It would appreciate receiving more detailed information on the practical implementation of this provision, including the number of such derogations recorded, the sectors concerned, the average duration of limitations or exemptions from weekly rest rules, etc.

In addition, the Committee notes that section 14 of the Working Hours Act, as amended by Act SFS 2005:165, authorizes temporary exceptions only on condition that the employee is allowed corresponding compensatory leave, without specifying however the time frame within which such compensatory rest must be granted. Recalling that, according to the spirit of the Convention, workers should not work for unreasonably long periods without receiving the rest periods to which they are entitled, the Committee requests the Government to indicate how the granting of compensatory rest is regulated, whether by order of the Work Environment Authority or otherwise, and to communicate copy of any relevant document.

Article 6. List of exceptions.The Committee would be grateful if the Government would supply an updated list of all the categories of workers and types of establishment which are currently exempted permanently or temporarily, in whole or in part, from the general weekly rest scheme of 24 consecutive hours in every period of seven days provided for in Article 2 of the Convention.

Part V of the report form.Application in practice. In view of the fact that the Government has supplied for the last time information on the practical application of the Convention in 1982, the Committee requests the Government to provide up to date information in this regard, including, for instance, statistics on the number of workers covered by the relevant legislation, labour inspection results showing the number of infringements observed and sanctions imposed, copies of relevant collective agreements containing clauses on weekly rest, etc.

Finally, the Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that the ratification of up to date Conventions, including the Weekly Rest (Industry) Convention, 1921 (No. 14), and the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), should be encouraged because these instruments continue to respond to current needs (see GB.283/LILS/WP/PRS/1/2, paragraphs 17–18). The Committee accordingly invites the Government to contemplate ratifying Convention No. 106 and to keep the Office informed of any decision taken or envisaged in this respect.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 8, paragraph 1(a), of the Convention. Exclusion from social security schemes. Further to its previous comment, the Committee notes the Government’s explanations that the employment injury benefit is income-related and therefore it is the income and not the working hours that is taken into account. More concretely, the minimum qualifying yearly income is 24 per cent of the base amount which corresponds to an income of 825 Swedish kroner (SEK) per month (approximately €88). While noting these explanations, the Committee understands that some part-time workers might still be deprived of employment injury coverage, which would be inconsistent with this Article of the Convention. It therefore requests the Government to take the necessary measures in order to bring the national legislation into full conformity with the Convention in this regard.

Article 8, paragraphs 3 and 4. Thresholds for exclusion from social security schemes. Further to its previous comment, the Committee notes that, according to the statistical information contained in the Government’s report, as of 2007, there were 1,017,900 part-time workers, including 213,000 persons working less than 19 hours per week and therefore excluded from the coverage of the unemployment insurance scheme. It also notes the Government’s indication that the thresholds for unemployment insurance coverage, as originally established in 1973 and subsequently revised in 2007, had always been the subject of consultations with the most representative employers’ and workers’ organizations. It further notes the information that at present no consideration is given to the possibility of extending the scope of the unemployment insurance to those part-time workers who are currently excluded. The Committee requests the Government to keep the Office informed of any future developments in this respect.

Articles 9 and 10 and Part V of the report form. Access to part-time work. The Committee notes the Government’s indication that as part of its effort to reduce the amount of involuntary part-time employment, which particularly affects women (it is estimated that among the 200,000 workers who are part-time unemployed, at least 75 per cent are women), new rules entered into force on 7 August 2008, limiting the number of days during which a part-time worker can receive unemployment benefit from 150 to 75. In this connection, the Committee notes the observation made by the Swedish Trade Union Confederation, the Swedish Confederation of Professional Employees and the Swedish Confederation of Professional Associations, according to which the abovementioned reform places all the responsibility and cost of part-time unemployment on the individual worker, while it should be the employers’ responsibility to offer full-time jobs to those who wish to have access to full-time employment. The Committee would be interested in receiving the Government’s views in response to the comments made by the trade union organizations. The Government is also requested to provide full particulars on the implementation of the new rules and the results obtained so far and to keep the Office informed of any new initiatives aimed at preventing workers from being trapped in part-time employment.

Article 11. Implementation of the Convention. The Committee notes the Government’s reference to section 5 of the General Provisions Collective Agreement which applies to municipal and county employees and which provides that when additional manpower is needed, and before new workers are hired, the possibility should be explored of offering additional work to existing employees at the workplace who have expressed interest to that end. As this document was not appended to the Government’s report, the Committee would be grateful if the Government would provide a copy.

Part V of the report form.Application in practice. The Committee would appreciate receiving up to date information concerning the application of the Convention in practice, including, for instance, statistics on the number of part-time workers – broken down by gender and age – extracts from labour inspection reports containing the number and nature of infringements observed and the penalties imposed, copies of recent surveys or studies relating to part-time employment issues, etc.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Part V of the report form. Application in practice. While noting the legislative conformity of the provisions of the Annual Leave Act (SFS 1977:480), as amended, with the requirements of the Convention, the Committee would be grateful if the Government would provide with its next report all available information on the application of the Convention in practice, including statistics on the number of workers covered by the relevant legislation and the number of labour court proceedings instituted for alleged violation of the annual leave legislation, copies of applicable collective agreements deviating from the provisions of the Leave Act, as well as any other particulars bearing on the implementation of the Convention both in law and practice.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes with interest the Government’s first report on the application of the Convention and wishes to receive information on the following points.

Article 8, paragraph 1, of the Convention. The Committee notes that, under the National Insurance Act, insured persons are entitled to sickness allowance, parent’s allowance and employment injury benefits only if their income exceeds 24 per cent of the base amount (SEK 9,500 in 2005). The Government is requested to provide further clarification on this point and to indicate the percentage of part-time workers who are currently deprived of these social security benefits since their qualifying income is below the prescribed limit. In particular, the Committee wishes to draw the Government’s attention to the fact that the Convention permits under certain conditions the exclusion of part-time workers from the scope of statutory social security schemes except in regard to employment injury benefits, and therefore the Swedish legislation would not appear to be in full conformity with the Convention in this respect.

Article 8, paragraphs 3 and 4. The Committee notes that according to the information provided by the Government in 2002, an estimated 185,000 employees, or 20 per cent of all part-time employees, working between one and 19 hours per week, were excluded from the coverage of the unemployment insurance scheme. The Committee would appreciate receiving up-to-date information on the number of part-time workers falling outside the scope of application of the Unemployment Insurance Act. In addition, the Committee requests the Government to specify whether the most representative organizations of employers and workers were duly consulted prior to the establishment of the thresholds referred to in sections 9 and 12 of the Unemployment Insurance Act, and also to indicate whether any consideration is given to the possibility of extending the protection of unemployment insurance to those part-time workers who are currently excluded.

Articles 9 and 10 and Part V of the report form. The Committee notes the Government’s statement that the problem in Sweden is not how to encourage more people to work part time but, on the contrary, how to reduce the amount of involuntary part-time employment, not the least for women, who often work part time with no opportunity of changing to full-time employment when they wish to do so. It also notes that the Government’s primary objective is to promote full-time employment while offering part-time employment as a possibility, and that in this connection, a special investigator was appointed in April 2004 to study ways of strengthening entitlement to full-time employment. The Committee requests the Government to continue supplying general information, including statistics, on the application of the Convention in practice, the place and role of part-time work in the national economy and the ongoing efforts to reduce part-time work, especially with regard to women temporary workers.

Article 11. While noting that the Convention is given effect mainly through legislation, the Committee would be grateful if the Government would indicate whether collective agreements, either at the branch or at the enterprise level, contain specific clauses regulating part-time work, and if so, to transmit copies of any such documents.

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

With reference to its previous direct request, the Committee notes with interest the detailed information provided by the Government in its report. The Committee notes in particular, the information provided in the Government's report on the position of the law and practice in respect of "unsupervised" employees excluded from the holidays provisions. It would be grateful if the Government would continue to provide information on any changes, such as amendments to the Annual Leave Act, regarding the extent to which effect has been given to the Convention in respect of this excluded category.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

Article 2 of the Convention. The Committee recalls from the Government's first report that exclusions have been made from the provisions concerning holidays for "unsupervised" employees, i.e. employees normally doing work for their employers in their homes or under such conditions that their work cannot be supervised. The Committee would be grateful if the Government would indicate any changes in this respect.

Article 12. The Committee notes that, under the temporary provisions of Act No. 1990:631, employees may abstain from that part of their annual paid holiday which is in excess of 20 days. This measure is designed to counteract a serious labour shortage. It operates where there is a written agreement, and it gives the right to extra accumulated holiday remuneration. The Committee notes that this measure does not seem to be in conformity with the Convention, which calls for the prohibition of agreements to forgo the right to the minimum annual holiday with pay. The Committee hopes the Government will ensure that the Convention is fully applied.

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