Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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

Action plans for equal pay. The Committee notes the Government’s indication that the reason for exempting enterprises of 25 or less employees from the requirement of drawing up action plans pursuant to the provision of the Discrimination Act (Chapter 3, section 11) is partly to reduce their administrative workload. However, the Government indicates that employers exempted from the obligation of drawing up action plans under the Discrimination Act are still bound to take proactive measures to promote equal rights and opportunities at the workplace, including by conducting pay surveys (wage mapping) every three years (Chapter 3, section 10). The Committee also asks the Government to provide detailed information on the number and nature of the action plans that have been developed.

Public sector. The Committee reiterates its request to the Government to provide a copy of the statistical job classification in the national government sector, and to indicate how the application of the principle of equal remuneration for men and women for work of equal value is ensured in the public sector.

Collective bargaining. The Committee asks the Government to provide information on how provisions contained in national agreements are being implemented at the local level. Please also continue to provide information on any measures taken to apply the principle of the Convention through collective agreements.

Enforcement. The Committee notes that the Equality Ombudsman, which is the body responsible for monitoring the application of the Discrimination Act (Chapter 4, section 1), has the power to initiate proceedings before the Labour Court or other courts when the employer fails to take active measures for the promotion of gender equality (Chapter 6, section 2). The Committee also notes that a financial penalty can be imposed on employers found guilty of discrimination against women (Chapter 4, sections 8–12). According to the Government, this penalty aims at providing higher levels of compensation for women who are the victims of discrimination. The Committee notes from the information provided by the Government in its report under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), that the Equality Ombudsman received approximately 15 complaints related to pay reviews in 2009. It also notes the cases of pay discrimination between men and women decided by the Labour Court and, in this connection, underlines the difficulties in the investigation of complaints, particularly in determining what constitutes a pay discrimination case. The Committee asks the Government to provide information on the measures taken to address the difficulties encountered in the investigation of complaints related to pay discrimination between men and women. The Committee also asks the Government to continue to provide information on any judicial or administrative decisions relating to the application of the principle of the Convention, the sanctions imposed and the remedies provided.