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

Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121) - Sweden (Ratification: 1969)

The Committee notes the information supplied by the Government in its report. It recalls that in accordance with paragraph 47 of the report of the Committee set up to examine the representation made under article 24 of the ILO Constitution by the Swedish Trade Union Confederation (LO), the Swedish Confederation of Professional Employees (TCO) and the International Confederation of Free Trade Unions (ICFTU), alleging non-observance by Sweden of Convention No. 121, which was approved by the Governing Body at its 258th Session in November 1993, the Government was asked to furnish a report on the application of the Convention containing information on the measures taken to ensure that the cash benefits for incapacity for work which are due to a victim of an employment injury are paid from the first day of incapacity, as well as on the definition of employment injury and the burden of proof.

As regards the question of the waiting period, the Government indicates in its report that, following the parliamentary election in September 1994, the new Government, in its first budget Bill introduced on 9 January 1995, announced a statutory amendment whereby sickness insurance benefits will be payable from the first day, with effect from 1 January 1997. Subject to the Government's proposals being passed by the Riksdag, the abolition of the one-day waiting period means that Sweden will again be discharging its obligations under the Convention. The Committee notes this information with interest. It asks the Government to supply the text of the relevant provisions as soon as they are adopted.

With respect to recent changes made in the work injury concept and in the burden of proof in work injury cases, the Government indicates that no test cases have yet been decided and, consequently, it is too early at present to pronounce on the implementation of the new rules; information of this kind will be supplied in due course. The Committee therefore hopes that the next report of the Government will contain full information on these subjects.

[The Government is asked to report in detail in 1996.]