Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Sweden (Ratification: 1949)

Legislative developments. Posting of workers. The Committee recalls that in its previous comments it had noted with interest that, a parliamentary committee set up in November 2014 to consider legal amendments to the Foreign Posting of Employees Act (Lex Laval) had made a number of proposals to safeguard the Swedish labour market model and status of collective agreements in situations involving posted workers. The Committee had expressed its trust that the amendments ultimately adopted would ensure fuller compliance with the Convention for posting workers and organizations representing them.

The Committee notes with interest the Government’s indication that the amendments to the Posting of Workers Act, which were presented to the Parliament in February 2017 and entered into force on 1 June 2017, create a more effective and efficient system for the protection of the rights of posted workers. The Committee further notes with interest that, in addition to amendments pertaining to the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), under the Act, as amended: (i) industrial action against an employer can be taken with the aim of bringing about a regulation by collective agreement (the employment conditions that trade unions can demand are still limited to the minimum conditions set out in the European Union Posting of Workers Directive); (ii) posted workers who are not members of the trade union that concluded the collective agreement have the right to invoke certain conditions in the collective agreement, ultimately in a Swedish court; and (iii) there are provisions on increased transparency and predictability when workers are posted, so that it is easier for foreign employers to find out in advance what conditions apply in the Swedish labour market. The Committee further notes that sections 10 and 11 of the Act require foreign employers to report to the Swedish Work Environment Authority when they post workers to Sweden and to appoint a contact person in Sweden, who shall be able to provide documents to agencies and employee organizations that show that the requirements of the Act have been fulfilled. In addition, sections 14 and 24 provide for financial penalties as well as damages in the event of non-compliance. The Committee welcomes the legislative developments which have taken place since it last examined the situation in 2015 and requests the Government to provide information in future reports on the application in practice of the amended Posting of Workers Act since it entered into force in June 2017.

Other developments. The Committee takes note of the Government’s indication that, given that the long-term labour market conflict in the container port of Gothenburg has shown that the Swedish labour market model does not work satisfactorily, on 22 June 2017, it decided to appoint an inquiry to review the exercise of the right to take industrial action and in particular to decide whether it is possible and appropriate to: (i) limit the right to take industrial actions for purposes other than to regulate conditions in collective agreements (except for sympathy action and industrial action to recover unpaid wages); (ii) change the provisions on peace obligations in situations where an employer who is bound by a collective agreement with an employee organization is facing an industrial action by another employee organization; and (iii) establish a board which, when necessary, can take decisions on coordinating collective agreements and on peace obligations resulting from a collective agreement. The Government also indicates that, in addition, a bill drafted by the social partners addressing the issues in relation to the right to strike, is now being considered by the Ministry of Employment. The Committee requests the Government to provide further details on the proposals made by the inquiry as well as on the developments concerning the adoption of the bill drafted by the social partners currently under consideration by the Ministry of Employment.