Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

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

1. With reference to its previous comments, the Committee takes note of the information supplied by the Government in its report and, in particular, that concerning the application of Article 10, paragraph 2(b), Article 15, paragraph 1, Article 19, paragraph 6, and Article 24, paragraph 1, of the Convention.

2. With respect to new developments in unemployment protection in the period covered by the report, the Government mentions the introduction, with effect from 1 July 1994, of a universal and compulsory scheme of unemployment insurance. However, as from 1 January 1995, the rules of unemployment compensation in the Unemployment Insurance Act and the Cash Labour Market Assistance Act have been mainly restored to their content before 1 July 1994. The Government indicates in this respect that the detailed description of the "reinstated" rules will be given in its next report. The Committee also notes, from the twenty-eighth annual report on the application by Sweden of the European Code of Social Security, that a commission has been set up to investigate and analyse changes necessary to reform the unemployment legislation and is due to present its report by 30 September 1996. In its twenty-ninth report, the Government further indicated that a Bill presented to Parliament contains a number of measures aimed at reducing the number of unemployed persons by half by the year 2000, including, inter alia, general economic and fiscal policy measures, social policy measures, as well as a proposal for an extended schooling programme. The Government also contemplates reinstating by 1 January 1998 the 80 per cent rate of the unemployment insurance compensation (which was previously reduced to 75 per cent). In this situation, the Committee hopes that the next report of the Government will contain detailed information on the changes made or contemplated in the unemployment protection together with the text of the relevant laws or regulations.

3. Article 10, paragraph 3. The Committee notes, from the twenty-ninth annual report on the application by Sweden of the European Code of Social Security, that, as from 1 September 1995, changes were made in the Unemployment Insurance Act, as well as in the Cash Labour Market Assistance Act, in order to circumvent the right to benefits for persons working part time. Please explain in detail the nature of these changes and supply the text of the modified provisions of the legislation.

4. Article 25. (a) The Committee notes the information supplied by the Government on the situation of part-time workers under the statutory social security scheme.

(b) In its previous comments the Committee asked the Government to indicate the number of part-time workers who, by working less than 17 hours per week, were excluded, under section 47(3) of the Unemployment Insurance Act, from the unemployment insurance benefits. In reply, the Government provides statistics on the number of part-time workers working "short part time", that is 1-19 hours per week, who represent 19 per cent of all part-time workers, a percentage which appears to the Committee to be relatively high. The Committee would like the Government to specify whether the minimum number of working hours per week necessary for membership in the unemployment insurance funds has now been increased from 17 to 19 hours per week and, if so, to indicate the reasons for this decision. Please also continue to supply statistics on part-time workers who are excluded from the scope of the unemployment insurance.

5. Article 26. Further to its previous comments, the Committee notes, from the twenty-ninth annual report on the application by Sweden of the European Code of Social Security, that, as from 1 January 1996, it is no longer possible to qualify for unemployment benefits by undergoing prescribed unemployment measures and that the right to such benefit can only be established by previous employment in the open labour market. It would like the Government to explain the effect this decision might have on the situation of the new applicants for employment - in particular young persons - covered by this Article of the Convention.

6. Finally, as regards the application of Articles 3 and 7 of the Convention, the Committee would like the Government to refer to its pending comments concerning the Employment Policy Convention, 1964 (No. 122).