Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

Employment Promotion and Protection against Unemployment Convention, 1988 (No. 168) - Sweden (Ratification: 1990)

The Committee has examined the first report and the legislation provided by the Government, as well as the comments made in this respect by the Swedish Confederation of Professional Employees. It would be grateful if the Government's next report would contain additional information and explanations on the following points:

Article 3 of the Convention. The Committee notes the comments made by the Swedish Confederation of Professional Employees according to which the employers' and trade union representation in the governing bodies of the National Labour Market Board and of the county labour boards was abolished with effect from 1993. It would therefore be grateful if the Government would indicate in its next report how consultation and cooperation with the organizations of employers and workers are ensured in implementing the provisions of the Convention.

Article 7. In its comments, the Swedish Confederation of Professional Employees also states that stronger priority has been given to combat inflation. The Committee refers in this respect to its comments concerning the Employment Policy Convention, 1964 (No. 122).

Article 10, paragraph 2(b). Please indicate whether there are cases in which the employer would not have to pay wages to his or her laid-off workers under the Act on Security of Employment and the redundancy pay agreements concluded between the social partners; and, if so, please indicate whether and under what provisions such workers would be entitled to compensation under the Unemployment Insurance Act or the Act respecting cash labour market assistance.

Article 10, paragraph 3. The Government indicates that part-time employees are entitled to compensation if, before becoming unemployed, they were employed to a large enough extent for unemployment benefit to be payable. Please indicate what are the relevant provisions of the legislation.

Article 15, paragraph 1. The Committee notes that, according to section 19 of the Unemployment Insurance Act, the daily allowance shall not be fixed at a lower rate than one that meets the requirements of the Social Security (Minimum Standards) Convention, 1952 (No. 102). Since Sweden has also ratified Convention No. 168, the Committee would like the Government to consider the possibility of supplementing the above provision so that it would also attain the level of benefit fixed by this instrument.

Article 19, paragraph 6. The Committee notes that section 28 of the Unemployment Insurance Act empowers the unemployment fund and/or the Labour Market Board to restrict the entitlement to daily allowances of workers engaged in an occupation where unemployment regularly recurs each year. It further notes that in its report for the period 1988-1992 on Convention No. 102, the Government indicated that special seasonal restrictions are currently applied by five unemployment insurance funds covering commercial travellers, salaried industrial employees, forestry workers, small entrepreneurs and fishermen. The Committee would ask the Government to give detailed information on the nature and content of the restrictions in question.

Article 24, paragraph 1(a). The Government states in its report that the unemployment insurance benefit and the cash labour market assistance carry pension rights under the ATP supplementary pensions scheme. Please indicate the relevant provisions of the legislation.

Article 24, paragraph 1(b). Please indicate how this provision of the Convention is applied in respect of maternity benefit.

Article 25. (a) Under the Unemployment Insurance Act, section 47(3), a person may become a member of an unemployment fund only if he is employed for an average of more than 17 hours a week. Please indicate the number of part-time workers who, by working less than 17 hours per week, are excluded from the unemployment insurance benefits, as well as their proportion to the total number of part-time workers.

(b) The Committee would like to point out that the adoption of the adjustment measures contemplated by this Article of the Convention is not restricted solely to the unemployment protection branch, but concerns all branches of statutory social security schemes which are based on occupational activity. It would therefore ask the Government to indicate in its next report how these schemes are adjusted to the occupational circumstances of part-time workers, for example, as suggested in paragraph 22 of the Employment Promotion and Protection against Unemployment Recommendation, 1988 (No. 176).

Article 26, paragraph 1 (in relation to Article 6 of the Convention). The Committee notes the information supplied in the report under this Article and Article 8 of the Convention, particularly as regards the measures taken in favour of young persons seeking employment. It notes in this respect that section 9 of the Act respecting cash labour market assistance provides this assistance to any person - even if he has not completed the period of qualifying employment - who, for at least 90 calendar days during a base period of ten months following the completion of full-time education comprising of at least one year of study and qualifying for a study allowance, has been available on the employment market as a jobseeker through the public placement service or has had remunerated employment. However, according to section 4(1) of the said Act, this assistance is payable only to a person who has reached the age of 20 years. The report indicates that before that age, young persons aged between 16 and 17 can be offered youth training by schools, while 18 and 19 year olds are covered by "special introductory training opportunities" with public sector employers after leaving compulsory school. However, as from 1 July 1992 the special introductory training opportunities were superseded by the new Youth Training Scheme. The Committee would like the Government to continue to provide information on the measures taken in favour of this category of new applicants for employment, including information and statistics on the practical implementation and coverage of the new Youth Training Scheme, as compared to the total number of young persons under 20 years of age seeking work.

Finally, the Committee noted, from the twenty-sixth annual report of the Government on the application of the European Code of Social Security and its Protocol, that the Commission on a New Scheme of Unemployment Insurance has presented its report (SOU 1993:52) with recommendations to be implemented in the spring of 1994. The Committee would be grateful if the next report of the Government would contain information on any further developments in this respect.