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

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

In its previous observation concerning the follow up of the recommendations made by 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), approved by the Governing Body at its 258th Session (November 1993), the Committee asked the Government to supply a detailed report in 1996, containing information on the measures taken to ensure that 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.

The Committee notes that the report requested this year was not supplied by the Government, but that in November 1995 the Government provided additional information. It further notes that this information does not contain a reply to the questions raised by the tripartite committee of the Governing Body in paragraph 47(b) of its report concerning changes in the work injury concept and in the burden of proof in employment injury cases in relation with Article 8 of the Convention. The Committee therefore once again hopes that the next report of the Government will contain full information on these subjects.

As regards the question of the waiting period, the Government states that, contrary to its previous intentions, it found, when preparing the Bill concerning Final Adjustment of the National Budget for the 1995/96 Fiscal Year adopted on 18 April 1995, that the strained financial situation did not permit the abolition of the waiting period of one day for health insurance benefits, nor consequently as regards employment injury insurance benefits. Furthermore, with a view to reducing the cost of these insurance schemes while at the same time providing a justifiable safeguard against loss of earnings, the Government proposed that a uniform benefit rate of 75 per cent of qualifying income be introduced, with effect from 1 January 1996, in the health and parental insurance schemes, as well as in unemployment insurance and in the sick pay system. According to the Government, these proposals have in principle been approved by the Riksdag. It adds that the Health Insurance and Work Injuries Advisory Committee appointed in 1993 was given new terms of reference to draft a universal scheme of illness insurance to be organized by the State; the Drafting Committee is to propose rules of compensation for this universal illness insurance and the Sick Pay Act based on the principle that the compensation rate for short- or medium-term absence is to be 75 per cent of qualifying income and that there is to be one waiting day.

The Committee notes this information. It hopes that, in elaborating the new universal scheme of illness insurance, it will be possible for the Government to reconsider the situation so as to ensure, in accordance with Article 9, paragraph 3, of the Convention, 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. The Government is asked to indicate the progress made in this respect in its next report.