Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Termination of Employment Convention, 1982 (No. 158) - Sweden (Ratification: 1983)

The Committee notes the Government’s detailed report provided for the period ending in June 2011 including complete information in relation to the 2007 observation. Among the legislative amendments made to the Employment Protection Act which entered into force in 2007 and 2008, the Committee notes that a general fixed-term contract becomes a contract for an indefinite period of time when a worker has been employed with the same employer for a total period of two years over a five-year period. Likewise, a fixed-term contract of a worker who has been employed by the same employer as a replacement for a total period of two years (previously three years) also becomes a contract for an indefinite period of time. The Committee further notes the Government’s statement that most workers in the Swedish labour market have contracts for an indefinite period of time. The Government further indicates that employment contracts for an indefinite period of time will continue to be the main foundation of the labour market and that fixed-term contracts fulfil the important function of enabling employers to meet temporary needs to increase the available manpower and to replace those temporarily absent. Fixed-term contracts can constitute an important passage into working life for young people and for those without or with limited work experience. Other measures taken by the Government to increase the protection resulting from the Convention include a new provision in the Employment Protection Act to provide that if fixed-term contracts or contracts for probation pursuant to the Employment Protection Act are abused, the workers concerned would be entitled to obtain a judicial declaration that the employment contract is valid for an indefinite period of time (Article 2(2) and (3) of the Convention). The Committee also notes the data provided by the Government on the activities of the Labour Court and the Discrimination Ombudsman. The Committee invites the Government to continue providing relevant information on the manner in which the provisions of the Convention are applied in practice, including extracts of relevant judicial decisions involving questions regarding the application of the Convention, available statistics on the activities of the Labour Courts and the Discrimination Ombudsman and on the number of terminations for economic or similar reasons in the country (Parts IV and V of the report form).