Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Sweden (Ratification: 1962)

The Committee notes the information provided by the Government in reply to its previous comments and the observations of the Swedish Trade Union Confederation and the Swedish Confederation of Professional Employees contained in the report.

Promotion of equality between men and women

1. The Committee notes with interest that the investigator appointed by the Government in June 1988 to evaluate the Equal Opportunities Act has presented a report recommending amendments to the Act and reinforcement of its provisions. The Committee notes, among the many points made in the report, the recommendations that the advisory and information service of the Equal Opportunities Ombudsman should be extended to include the education sector; and that additional safeguards should be introduced against indirect discrimination, wage discrimination, sexual harassment and reprisals for allegations of sex-based discrimination. The investigator also recommends the expansion of the employer's statutory duty of actively promoting equal opportunities. The Government reports that this recommendation implies an expansion of the Ombudsman's responsibilities so as to include supervision over collective agreements. According to the Government's report, collective agreements are often framed in general terms and do not contain anything over and above what is stated in the Act.

In this regard, the Committee notes the comments made by the Swedish Trade Union Confederation (LO) indicating that the investigator's evaluation of the Equal Opportunities Act did not entail a close study of the promotion of equal opportunities by trade unions and pointing out that most of the agreements on equal opportunities go further than the provisions contained in the Act and that a number of other activities are in progress in the equal opportunities context.

2. The Committee further notes with interest the introduction of a new Equal Opportunities Bill (1990/91:113) which, the Government states, is based on the report of the special investigator and the Government's recently adopted Equality Policy to the Mid-nineties, to which the Committee referred in its previous observation. According to the Government's report, the new draft Act prohibits harassment and indirect discrimination and, inter alia, places an obligation on the employer to counteract sexual harassment and requires employers with ten or more employees to draw up an annual plan for the promotion of equal opportunities. The Government also indicates that the draft Act is intended to expand the scope of investigations concerning pay discrimination by making it possible to assess what is equal or equivalent work.

In this regard, the Committee notes the comments forwarded by the Swedish Confederation of Professional Employees (TCO) to the effect that the proposed new Equal Opportunities Bill contains many improvements over the existing legislation but falls short of the special investigator's recommendations. Specifically, TCO expresses concern over the provisions on equal pay and the assessment of whether work is equal or of equal value, as it finds the basis for the evaluation of certain duties restrictive and considers that trade unions should have the right to examine the value of work and different jobs.

3. The Committee would be grateful if the Government would report on the status of the new Equal Opportunities Bill and supply a copy upon its adoption. With reference to its previous comments, the Committee requests the Government to indicate whether the draft contains a provision to safeguard against reprisals for making allegations of discrimination. It asks the Government to provide information on the measures taken to follow up the other recommendations in the evaluation report of the investigator. The Committee also requests the Government to supply information on the activities undertaken by the trade unions to promote equal opportunity including the settlement of sex discrimination disputes through trade union dispute procedures, and to forward copies of collective agreements which contain provisions relevant to the promotion of equal opportunity on any grounds covered by the Convention.

Measures against ethnic discrimination

4. The Committee notes that the Ombudsman against ethnic discrimination (the Discrimination Ombudsman - (DO)) took part in trade union activities on the central, regional and local levels, and in various training activities for employment counsellors and placement officers and raised questions of harassment with employers' and workers' organisations. The Committee notes with interest that the DO, in December 1989, submitted to the Government draft legislation against ethnic discrimination at work which would extend the ban on ethnic discrimination to the entire labour market and to employment of all kinds. The Committee notes the statement in the report that refusal of employment remains the most common problem facing immigrants in the employment sector and that the need for legislation in this field has been accentuated. The Committee requests the Government to report on the status of the draft legislation and its prospects of adoption.

5. The Committee notes with interest that the Commission Against Racism and Xenophobia completed its work in March 1989 and recommended that a law against ethnic discrimination in working life should be reconsidered. It further notes that, on the basis of the report, the Government introduced a Bill in February 1990 (1989/90:86) containing its assessment of the existence of discrimination on ethnic grounds and the need for measures designed to further good ethnic relations. The Committee would be grateful if the Government would supply a copy of the Commission's report along with a copy of the proposed Bill. It also requests the Government to clarify the difference in the provisions between this Bill and the one proposed by the Discrimination Ombudsman referred to above.

6. The Committee notes that in May 1990, the Government set up a Commission to Study Measures Against Ethnic Discrimination which, among other things, is to examine the need for a special law against ethnic discrimination in working life and to present proposals for such a law. This study is to be undertaken in close consultation with the concerned parties in the labour market and its report should be ready in 1992. The Committee requests the Government to provide information on the contents of the report and its recommendations, particularly in relation to the above mentioned Bill submitted by the Government and the draft legislation proposed by the Discrimination Ombudsman.

Article 4 of the Convention

7. The Committee notes from the Government's report that the Swedish ILO Committee has expressed its concern over a possible discrepancy between proposed Swedish rules on the screening of personnel and this Article of the Convention. The Committee notes that this Committee drew the application of this Article to the attention of the Parliamentary Commission (SAPO-kommitten), before which the report which contained the proposals on the screening of personnel was presented, and that subsequently it has raised the same concern with the Ministry of Public Administration. The Committee hopes that the adoption of any personnel rules will be in full conformity with the requirements of this Article of the Convention. It further requests the Government to supply a copy of the relevant proposals contained in the Commission's report.

The Committee is addressing a request on other matters directly to the Government.