Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Maritime Labour Convention, 2006 (MLC, 2006) - Sweden (Ratification: 2012)

The Committee notes the Government’s third report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee notes that the amendments to the Code of the Convention approved by the International Labour Conference in 2018 and 2022 entered into force for Sweden on 26 December 2020 and 23 December 2024, respectively. In relation to the 2022 amendments to the Code of the Convention, the Committee draws the Government’s attention to the questions included in the revised report form and requests the Government to reply to such questions in its next report, indicating in each case the applicable national provisions.

Regulation 1.1 and Standard A1.1, paragraph 4 of the Convention. Minimum age. Hazardous work. The Committee notes that, in response to its previous request, the Government indicates that the Swedish Transport Agency has adopted a new regulation, TSFS 2019:56, with respect to the work environment on ships, which provides under Chapter 3, section 7, that employers, commanders, contractors, school principals and trainee providers must never allow a minor to carry out hazardous work that is listed in Appendix 2 as unaccompanied work. Chapter 3, section 9, further prohibits employers, principals, commanders, school principals and trainees from allowing minors to perform hazardous work listed in Appendix 2 unless the conditions for exemption according to the appendix are met. The Government states that, according to Appendix 2 of the regulation, the types of work listed under the points 9–11 and 18-20 are completely prohibited. The Committee further observes the Government’s indication that Appendix 2 of the Regulation also provides for a list of other types of work, generally prohibited, which may be permitted under one of the following two conditions: (i) if the task is part of a teaching programme in a school or other place specifically organized for teaching purposes, or is part of a supervisor-led work placement; or (ii) if the task is performed by minors who have completed upper secondary education or equivalent training for the task. The Committee takes note of this information, which addresses its previous request.

Regulation 2.1 and Standard A2.1, paragraph 1(a). Seafarers’ employment agreements. Signature of seafarer and shipowner or a representative. The Committee notes that, in reply to its previous comment, the Government states that under section 4 of the Seaman’s act (1973:282), the employer shall ensure that the employment contract is celebrated in a written form. The Committee observes however that no provision seems to require that any signatory of the seafarer’s employment agreement (SEA) other than a shipowner should produce a signed “power of attorney” or other document showing that he/she is authorized to represent the shipowner. The Committee recalls that, in accordance with Standard A2.1, paragraph 1(a), the SEA is to be signed by or on behalf of the shipowner who is responsible for ensuring compliance with all the requirements of the Convention relating to the working and living conditions of the seafarers. The Committee accordingly requests the Government to adopt the necessary measures to ensure full compliance with Standard A2.1, paragraph 1(a).

Regulation 2.3 and Standard A2.3, paragraphs 7, 8, and 9. Hours of work and hours of rest. Drills. On call work. The Committee notes that, in reply to its previous comment, the Government indicates that the granting of compensatory rest covered by Standard A2.3, paragraphs 7, 8, 9, is implemented by the Rest Time Act for Seafarers (1998:958). Section 6, paragraph 1, point 3, of the Rest Time Act for Seafarers allows for temporary deviations from rest periods in order to perform mandatory legal safety drills, if necessary. The Government further specifies that section 6, paragraph 2 of the same Act provides that, if a seafarer has taken part of such a drill, the seafarer should as soon as possible be compensated with rest of sufficient length. With respect to the requirement of Standard A2.3, paragraph 8, the Government indicates that, while there are no specific rules concerning on call-work in the Rest Time for Seafarers Act, if on-call work is performed, it is considered as working time and is thus allowed within the framework of the allowed total working time according to the Convention. The Committee takes note of this information.

Regulation 2.3 and Standard A2.3, paragraph 14. Hours of work and hours of rest. Immediate safety and distress at sea. The Committee notes that, in response to its previous request, the Government indicates that section 6, paragraph 1, points 1 and 2, of the Rest Time Act for Seafarers covers emergency situations for the purpose of averting imminent danger to life, ship or cargo, and providing assistance, that give right to deviate from hours of rest in accordance with Standard A2.3, paragraph 14. The Government further states that section 6, paragraph 1, point 3, allows to deviate from hours of rest to perform mandatory legal safety drills, and section 6, paragraph 1, points 4-6, covers situations that can happen, and that the master must be able to handle, which however occur very seldomly, if at all. According to the Government, in all those cases, section 6, paragraph 1, point 2, provides for the right of the seafarer to compensation of rest of sufficient length. The Committee takes note of this information.

Regulation 2.5, paragraph 2 and Standard A2.5.2. Repatriation. Financial security in the event of abandonment. In relation to the 2014 amendments to the Code of the Convention, the Committee notes that the Government’s indication that while there is no obligation to have financial security for cases of abandonment in Swedish law, the general right to be repatriated is founded in the Seaman’s act according to which repatriation should be “free of cost” for the seafarer, covering all types of expenses. Claims for outstanding wages can be brought to court. The Government further indicates that there are no rules in Swedish law that address specifically the expeditiousness and effectiveness of handling cases concerning financial security to seafarers. Nevertheless, if the repatriation is handled by a Swedish authority according to the Swedish Ordinance (1991:1379) on Foreign Missions’ Handling of Shipping Matters, the general requirements concerning the processing of matters under the Administrative Procedure Act (2017:900) prescribe that all matters shall be handled as simply, rapidly and cost-effectively as possible without neglecting legal security. The Committee observes that while the existing provisions seem to provide sufficient assistance to seafarers in the event of their abandonment regarding their right to repatriation, there are no provisions allowing them to recover, in a direct and expedited manner, outstanding wages and other entitlements due from the shipowner to the seafarer, limited to four months of any such outstanding wages and four months of any such outstanding entitlements, as required by Standard A2.5.2, paragraph 9 (a). The Committee further notes that no provisions have been adopted to define abandonment in accordance with Standard A2.5.2, paragraph 2. The Committee accordingly requests the Government to adopt the necessary measures to give effect to Standard A2.5.2, paragraphs 2 and 9(a) of the Convention.

Regulation 4.2 and Standard A4.2.1 and A4.2.2. Shipowners’ liability. Financial security in the event of death or long-term disability. In relation to the 2014 amendments to the Code of the Convention, the Committee notes the Government’s indication that the system of financial security provided for in Standard A4.2.1, paragraph 1(b), is regulated by the Social Security Code. It further notes the information that the shipowners’ and seafarers’ organizations took part in the consultation process leading to the adoption of the relevant provisions. The Committee observes, however, that according to the information provided by the Government, the national legislation does not provide that ships must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider. The Committee accordingly requests the Government to take the necessary measures to ensure compliance with Standard A4.2.1, paragraph 11. It further requests the Government to provide a copy of a model certificate or other documentary evidence of financial security issued by the relevant authority, containing the information required in Appendix A4-I of the Convention (Standard A4.2.1, paragraph 14).

Regulation 4.5 and Standard A4.5, paragraph 3. Social security. Protection for seafarers ordinarily resident in its territory. In reply to the Committee’s previous comment, the Government has provided several examples of collective agreements with Swedish shipping companies which provide resident-based social security benefits to seafarers working on board ships operating under the flag of another country that is not a member of the European Union or the European Economic Agreement. The Committee takes note of this information, which addresses its previous request.

Regulation 5.1.4 and Standard A5.1.4, paragraph 6. Flag State responsibilities. Inspection and enforcement. Independence of inspectors. The Committee notes that, in response to its previous request, the Government states that the independence and objectivity of inspectors and other civil servants are founded in the Swedish Constitution and that supplementary provisions on objectivity and impartiality are found in the Administrative Procedure Act (2017:900), applicable to the handling of cases in all authorities (e.g. inspections). The Government further states that the taking of bribes is penalized under Chapter 10, Section 5a, of the Swedish Criminal Code. Finally, the Government indicates that public officers’ employment contracts are not terminated due to changes in national, regional or local government only, as specified for example under sections 1 and 7 of the Employment Protection Act (1982:80]. The Committee takes note of this information, which addresses its previous request.