Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

Equal Remuneration Convention, 1951 (No. 100) - Sweden (Ratification: 1962)

The Committee notes the detailed information provided by the Government in its report and the attached documentation, including statistics.

1. The Committee notes from the data provided by Statistics Sweden (SCB) that overall the wage gap between men and women increases with age and level of education and that wage differences are particularly significant for private sector white collar employees. Data also show that, except for pre-school teachers and recreational teachers, women's average salary continues to be lower than men's in all occupational groups and particularly for finance and sales associate professionals in the public sector and for engineers and technicians employed in both the public and private sectors. Furthermore, wage differences are greater in male-dominated occupations (women's salary as a percentage of men's ranging from 79 to 92 per cent), than in female-dominated occupations. The SCB data also indicate that, while women have a proportional higher level of education, they continue to hold a lower share (women and men hold 26 and 74 per cent respectively of managerial posts in 1995) of managerial positions in the different sectors of the national economy. Moreover, in 1995, average monthly salaries of women managers were lower (and in many cases much lower) than male managers in various age and educational groups. The Committee notes this information. The Committee draws the attention of the Government to these wage differences and the need to make a concerted effort to reduce these differentials through a wide range of measures, particularly for those occupational groups where pay differences are highest as well as for managerial and senior posts. Preferably, such measures should include general initiatives to promote equal opportunity and treatment of men and women in the labour market which contribute to reducing the wage gap and facilitating the application of the principle of the Convention.

2. Further to its previous observation concerning information provided by the Federation of County Councils, the Committee notes from the data provided by SCB that wage differentials continue to be significant amongst employees in county councils (with women earning 71 per cent of men's earnings in 1996). The statistics confirm earlier findings that wage differences between men and women in county councils are increasing with age and level of education and that wage differences are particularly high for levels 6 (post-secondary education of three years and more) and 7 (post-graduate education). The Committee recalls that women should benefit equally with men from increased experience and seniority and requests the Government to indicate the measures taken or contemplated to address the underlying causes for the persisting wage differences between men and women employed in county councils.

3. Further to its previous comments with regard to the implementation of sections 9(a) and 11 of the Equal Opportunities Act, 1991, which require employers to review annually the existence of pay differentials between men and women and to include the results of this pay survey in the equality plan, the Committee notes that Equal Opportunities Ombudsman (J mO) has required the Church of Sweden, the Swedish Armed Forces, the biggest advertising companies, the banks and insurance companies and employment agencies, to present their equal opportunity plans. The Committee requests the Government to indicate the impact that the inclusion of equal pay survey results in equality plans has had on reducing the wage differentials. The Committee notes that in this regard proceedings have been filed against one employer before the Equal Opportunity Commission (EOC), concerning whether or not trade unions may have access to information on an employee's pay in the context of the annual reviews on pay differentials by private sector employers. The Committee looks forward to receiving information on the decision of the EOC in the abovementioned equal pay case which, according to the Government was due to be tried in autumn 1998.

4. With regard to the work undertaken by the Working Life Institute under the special research and development programme "Wage Formation and Job Evaluation", the Committee notes with interest that work on the basic pay evaluation system, known as the HAC system, has been completed in 1997. It notes the Government's statement that the system takes the form of a basic job evaluation model for use at many workplaces, provides a structure and defines factors and aspects in general terms. Furthermore, according to the Government, the system is not instantly applicable to any field of employment but has to be supplemented and adapted to the activity concerned. The HAC system was tested in several different fields and its results were published in exhaustive reports. The Committee notes this information and requests the Government to furnish a copy of the new pay evaluation (HAC) system, as well as copies of the reports on the tests activities, and to provide information on the impact of the HAC system in reducing pay differentials between men and women. Recalling the concerns raised previously by the Swedish Employers' Confederation (SAF) regarding the suitability of job evaluation to meet the future needs of a good pay structure the Committee requests information on whether methodologies other than job evaluation have been developed to promote and ensure the application of equal pay for work of equal value.

5. Further to its previous comments on the problem of lacking access to information necessary for equal pay claims and the difficulties posed by indirect discrimination, raised by the Swedish Trade Union Federation (LO), the Committee notes the Government's statement that the analytical base concerning women's and men's pay has been reinforced as a result of the Government placing MSEK 2 (method of objective evaluation of jobs) at the disposal of the Working Life Institute. It requests the Government to provide information on the measures taken or contemplated to overcome the problem of lacking access to information necessary for resolving equal pay claims.

6. The Committee notes the information furnished by the Government on cases brought before the Labour Court. The Committee also notes that the Swedish Labour Court has referred a case on pay discrimination (A 190/97) to the European Court of Justice to obtain a preliminary ruling on a particular question. The Committee understands from information received from the European Commission that, with regard to a case before the Labour Court concerning female birth attendants comparing themselves with a male X-ray technician (all employed by the County Council of Stockholm), the Court has requested the European Court of Justice for a preliminary ruling concerning the interpretation of the question which criteria should be used by national courts when deciding whether jobs are of equal value. The Labour Court was expected to take a decision in this matter in 1999. The Committee requests the Government to clarify whether the above cases concern one and the same case. It considers the above case of considerable importance to the application of the principle of equal pay for work of equal value in Sweden and requests the Government to provide information on the preliminary ruling of the European Court of Justice and the decision of the Labour Court, as well as to furnish copies of the decisions. The Committee would be grateful if the Government would continue to provide such information in its next report.