Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Sweden

Labour Inspection Convention, 1947 (No. 81) (Ratification: 1949)
Labour Inspection (Agriculture) Convention, 1969 (No. 129) (Ratification: 1970)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 and 129 together.

The Committee notes the joint observations made by the Swedish Confederation for Professional Employees (TCO), the Swedish Trade Union Confederation (LO) and the Swedish Confederation of Professional Associations (SACO) received on 1 September 2016.

Articles 3(1) and (2), and 5(a) of Convention No. 81 and Articles 6(3), and 12 of Convention No. 129. Functions entrusted to labour inspectors in relation to foreign workers. In its previous comment on Convention No. 81, the Committee noted the increased cooperation of the Swedish Work Environment Authority with the Swedish Migration Board in relation to issues concerning work permits of foreign workers. The Committee notes that, in reply to its request for additional information on the cooperation with other government services in relation to foreign workers, the Government indicates that inter-agency cooperation has been further increased in the area of undeclared work, but that each agency operates strictly within its own area of responsibility, and that collaboration results in increased opportunities to curb criminal activity in working life. In this respect, the functions of the Swedish Work Environment Authority, which are provided for in the Work Environment Authority (Standing Instructions) Ordinance 2007:913, principally relate to work environment and working hours legislation.

In relation to the Committee’s request concerning the activities of the Swedish Work Environment Authority to secure the rights of foreign workers in an irregular situation, the Committee notes that the Government refers to the Swedish Model, in which industrial action may be taken by the social partners in relation to posted workers relating to the breach of conditions in collective agreements. However, the Committee also notes that the Government has not provided specific information on how the individual rights of foreign workers are guaranteed where they are found to be in an irregular situation and where they are not included in any of the official records of posted workers referred to by the Government.

In addition, noting the Government’s indication that the social partners are principally responsible to secure the application of the work conditions in collective bargaining agreements, the Committee recalls that while, in accordance with Article 8(2) of Convention No. 129, Members may include in their system of labour inspection in agriculture officials or representatives of occupational organizations, whose activities supplement those of the public inspection staff, enforcement functions should be primarily assumed by labour inspectors who are properly trained and have the status and conditions of service guaranteeing their independence and impartiality. Referring also to paragraph 452 of its 2017 General Survey on the occupational safety and health instruments concerning the promotional framework, construction, mines and agriculture, the Committee requests the Government, once again, to provide information on the actions taken by the Swedish Work Environment Authority to enforce the rights of foreign workers in an irregular situation (such as the provision of information and advice to foreign workers concerning their due rights resulting from their past employment relationship, the notification to the social partners or other agencies entrusted with the enforcement of their rights, etc.) and on the number of cases where undocumented workers have been granted their due rights (including the payment of their outstanding remuneration, etc.).

Articles 4 and 7 of Convention No. 81 and Articles 7 and 9 of Convention No. 129. Qualifications and training of labour inspectors. The Committee notes that, in their observations, the TCO, the LO and the SACO under Convention No. 129 indicate that following the reorganization of the Work Environment Authority in 2014, labour inspectors now cover all subject areas within the competence of the Authority and all sectors (previously they were entrusted with controls in their specific area of expertise). According to the trade unions’ observations under Convention No. 81, there is an increasing trend towards a system of generalist-oriented labour inspectors, with the risk to lose expertise and credibility of labour inspectors among employers, health and safety representatives and workers. The TCO, the LO and the SACO indicate that this is specifically problematic in relation to atypical forms of employment and the agricultural sector, where sector-specific knowledge is particularly important. The Committee requests the Government to provide its comments in relation to the observations made by the TCO, the LO and the SACO and to indicate how it is ensured that labour inspectors have the necessary sector-specific skills and knowledge to enable them to effectively carry out their functions in relation to the control of compliance with the labour law provisions in the different sectors subject to their control.

Article 5(a) of Convention No. 81 and Article 12 of Convention No. 129. Cooperation between the labour inspection services and other government services. The Committee notes that the TCO and the LO reiterate the observations they have made previously concerning deficiencies in the cooperation of the Swedish Work Environment’s Authority with other agencies, such as the Swedish Public Employment Service and the Swedish Social Insurance Agency with a view to protect certain categories of vulnerable workers. According to the LO and the TCO, cooperation between government agencies is in most instances limited to meetings with a view to exchange experience and information, which the trade unions consider to be insufficient. The Committee requests the Government to provide its comments in this respect.

Article 5(b) of Convention No. 81 and Article 13 of Convention No. 129. The Committee notes the observations made by the TCO, the LO and the SACO concerning difficulties in the collaboration between the workers’ health and safety representatives and the Work Environment Authority, including in relation to the follow-up given by labour inspectors to requests made by these representatives to undertake workplace inspections. The trade unions also indicate that the number of complaints made by health and safety representatives has considerably increased. The Committee requests the Government to provide its comments in this respect.

Articles 10, 11 and 16 of Convention No. 81 and Articles 14, 15 and 21 of Convention No. 129. Number of labour inspectors and labour inspection visits. The Committee notes that, having referred in their previous observations to the negative effects of the gradual reduction of the budget allocated to the Work Environment Authority since 2007 (reduction in the number of labour inspectors and regional offices, decrease in the quality of inspections, increase in the number of occupational accidents, etc.), the TCO, the LO and the SACO now refer to a recent increase in the budget of the Swedish Work Environment Authority, and the recruitment of new labour inspectors. They consider however that it will take time to remedy the previous cuts made to the inspection activities. The Committee notes from the information in the Government’s report that the number of labour inspectors decreased from 276 to 238 labour inspectors between 2010 and 2015 and that the number of labour inspection “actions” decreased from 34,000 to 21,000 in the same period. The Government indicates that the significant decrease in the number of labour inspection actions between 2013 and 2015 (from 31,500 to 21,000) is due to the reorganization in 2014 of the Work Environment Authority, the retirement of labour inspectors, the staff deployed for training of new recruits and the time required by staff to get familiarized with the new case management system (INES) introduced in 2015. The Committee also notes the information provided by the Government that the Work Environment Authority is currently reviewing an electronic system to identify workplaces where labour inspections should be considered. The Committee requests the Government to provide more detailed information on the increase in the budget of the Swedish Work Environment Authority and the recruitment of new labour inspectors referred to by the TCO, the LO and the SACO. It encourages the Government to continue to take measures to ensure the allocation of adequate budgetary resources with a view to enable the recruitment of an adequate number of labour inspectors and the conduct of a sufficient number of labour inspections. It requests the Government to provide information on how the labour inspectorate ensures a satisfactory coverage of workplaces liable to inspection, including through the planning of labour inspection activities based on the electronic system referred to in the Government’s report to ensure that all workers receive adequate protection. It further requests that, pursuant to Article 7(3) of Convention No. 81, the Government provide information on the training provided to the newly recruited labour inspectors.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Publication and content of the annual labour inspection reports. The Committee notes that once again no annual report on the activities of the labour inspection services has been transmitted to the Office. It recalls the obligation of the Government, under Article 20(3) of Convention No. 81 and Article 26(3) of Convention No. 129, in this respect. The Committee firmly requests once again the Government to take the necessary measures to ensure that the Work Environment Authority regularly transmits to the ILO annual labour inspection reports within the time limits prescribed by Article 20 of Convention No. 81 and Article 26 of Convention No. 129 and containing the information required in Article 21(a)–(g) of Convention No. 81 and Article 27(a)–(g) of Convention No. 129.