Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Labour Inspection Convention, 1947 (No. 81) - Sweden (Ratification: 1949)

The Committee notes the Government’s report received on 3 October 2013 and the observations made by the Swedish Confederation for Professional Employees (TCO) dated 18 November 2013, as well as those made by the Swedish Trade Union Confederation (LO) dated 20 November 2013. The Committee requests the Government to provide its comments in response to the TCO’s and the LO’s observations.

Articles 3(2) and 5(a) of the Convention. Functions entrusted to labour inspectors and cooperation between the labour inspection services and other government services. The Committee notes that, according to the Government, the Swedish Work Environment Authority introduced stronger cooperation with the Swedish Migration Board on issues concerning work permits, with the Swedish Police on issues concerning human trafficking and with the Swedish Tax Agency on tax issues and joint supervision. The Committee reminds the Government that, in accordance with Article 3(2), any further duties that are not aimed at securing enforcement of the legal provisions relating to conditions of the work and the protection of workers should be assigned to labour inspectors, only insofar as they do not interfere with their primary functions, and shall not prejudice in any way the authority and impartiality that are necessary in their relations with employers and workers. Furthermore, referring to paragraph 78 of its 2006 General Survey on labour inspection, the Committee recalls that the primary duty of labour inspectors is to protect the rights and interests of all workers and not to enforce immigration law. It also reminds the Government that the function of verifying the legality of employment should have as its corollary the reinstatement of the statutory rights of all workers. The Committee would be grateful if the Government would provide more information on the manner in which the Swedish Work Environment Authority cooperates with the abovementioned government services, and if it would indicate the impact of this cooperation on the application of the Convention, in particular as regards the application of provisions relating to conditions of work and workers. Furthermore, it would be grateful if the Government would provide information on the manner in which the labour inspectorate ensures the enforcement of employers’ obligations with regard to the rights of foreign workers in an irregular situation, such as the payment of wages and social security and other benefits for the period of their effective employment relationship, especially in cases where such workers are liable to expulsion from the country, as well as on the number of cases where undocumented workers have been granted their due rights.

Articles 20 and 21. Publication and content of an annual report. The Committee notes that no annual report on the activities of the labour inspection services has been transmitted to the Office. Referring to its previous comment, the Committee once again requests the Government to take the necessary measures to ensure that the Work Environment Authority publishes and transmits to the ILO an annual report within the time limits prescribed by Article 20 and containing the information required in Article 21(a)–(g) of the Convention.