Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

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 (labour inspection) and 129 (labour inspection in agriculture) together.

Articles 3(1) and (2), and 5(a) of Convention No. 81 and Articles 6(1) and (3), and 12 of Convention No. 129. Additional duties entrusted to labour inspectors related to immigration. Following the Committee’s previous request concerning the activities of the Swedish Work Environment Authority (SWEA) related to migrant workers in an irregular situation, the Committee notes the Government’s indication in its report that in 2019 the Department for Joint Authority Control was established within the SWEA. The Government indicates that the Department for Joint Authority Control is in charge, among others, of the control of the registry of posting of foreign workers, administrative matters related to the SWEA’s function as the liaison office according to the Posting of Workers Act, as well as administration and decision-making regarding penalties connected to posting. The Committee also notes the Government’s reference in its report to cooperation between the SWEA and the Migration Agency. In relation to the Committee’s request on the number of cases where undocumented workers have been granted their due rights, the Committee notes the Government indication that the SWEA does not handle the issue of payment of outstanding remuneration. The Committee requests the Government to provide further information on the operation of the Department for Joint Authority Control within the SWEA, indicating if it is staffed by labour inspectors, as well as information on the specific nature of the cooperation between the SWEA and the Migration Agency. In this respect, it requests further information on the measures taken to ensure that the functions assigned to labour inspectors do not interfere with the main objective of labour inspectors of ensuring the protection of workers in accordance with labour inspectors’ primary duties, as provided for in Article 3(2) of the Convention. Lastly, the Committee requests the Government to provide information on the manner in which the SWEA ensures the enforcement of the rights of migrant workers in an irregular situation (such as social security benefits for the period of employment), irrespective of whether it handles payment of outstanding remuneration.

Article 7(3) of Convention No. 81 and Article 9(3) of Convention No. 129. Qualifications and training of labour inspectors. In its previous comment, the Committee noted that, in their observations, the Swedish Confederation for Professional Employees (TCO), the Swedish Trade Union Confederation (LO) and the Swedish Confederation of Professional Associations (SACO) indicated that following the reorganization of the SWEA in 2014, labour inspectors covered all subject areas within the competence of the Authority and all sectors, leading to a system of generalist-oriented labour inspectors, which risked losing expertise and credibility of labour inspectors. The Committee notes the response provided by the Government in its report indicating there is a high degree of specialist industry knowledge among the inspectors at SWEA but that all inspectors must be able to handle different types of inspections as the SWEA prioritize different areas of inspection in different years. In this regard, the Government indicates that internal trainings are always carried out before different forms of inspection activities are initiated, and that there is a mandatory six-month training course for newly recruited inspectors. The Committee requests the Government to provide detailed information on the subjects covered, frequency, duration, and number of participants for the training given to labour inspectors to ensure that they are adequately trained for the performance of their duties, including specific information with respect to the agricultural sector as required by Article 9(3) of Convention No. 129.

Article 5(a) of Convention No. 81 and Article 12 of Convention No. 129. Cooperation between the labour inspection services and other government services. In its previous comments, the Committee noted the TCO and the LO observations concerning deficiencies in the cooperation of the SWEA with other agencies, such as the Swedish Public Employment Service and the Swedish Social Insurance Agency with a view to protecting certain categories of vulnerable workers. The Committee notes the response provided by the Government indicating that the cooperation of the SWEA with other agencies occurs primarily through agreements or arrangements about cooperation, which are oriented towards information and experience exchange but which also encompass the distribution of supervision responsibilities, mutual supervision questions, supervision projects, and competence development. The Government indicates that the SWEA is obliged to cooperate with the Social Insurance Agency, the Public Employment Service and the National Board of Health and Welfare. The Government also indicates the SWEA has started a cooperation with twelve authorities to create overarching cooperation though the coordination of activities regarding inspection, regulatory change, information and analysis. The Committee further notes other cooperation undertaken by the SWEA such as joint supervision campaigns in order to improve the safety of goods transport, the cooperation with the police to counteract fraudulent freight companies, and the cooperation with the Tax Agency. The Committee takes note of this information.

Article 5(b) of Convention No. 81 and Article 13 of Convention No. 129. Cooperation between the labour inspection services and employers and workers or their organizations. In its previous comments, the Committee noted the TCO and the LO observations concerning difficulties in the collaboration between the workers’ health and safety representatives and the SWEA, including in relation to the follow-up given by labour inspectors to requests made by these representatives to undertake workplace inspections. The Committee notes the response provided by the Government indicating that requests from workers’ health and safety representatives are part of the mandatory supervision for SWEA. An inspection is carried out if the request falls under the SWEA’s supervisory area and the health and safety representative has communicated with the employer. The Government indicates that there was an increase in requests from workers’ health and safety representatives after the new Regulation on Organisational and social work environment came into force in March 2016, but that by 2018, the number of requests declined. The Committee requests the Government to continue to provide additional information on cooperation between the SWEA and the workers’ health and safety representatives, including specifically the workers’ representatives in the agricultural sector, and, in particular, on the manner in which the requests of the workers’ health and safety representatives are processed by the SWEA and on the follow-up given to these requests.

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. Following its previous comment, the Committee notes with interest the Government’s indication that the SWEA budget increased between 2015 and 2019, which resulted in an increase in the number of labour inspectors from 238 in 2015 to 285 in 2019. It also notes that the number of labour inspections increased from 21,000 in 2015 to 27,000 in 2018, due to the increase in number of inspectors, and the fact that those inspectors recruited are now trained in their roles and work more independently. It notes that the number of injunctions, prohibitions and penalties increased from 1,002 in 2017 to 1,469 in 2018, which the Government indicates is due to the increase in the number of inspections, the improvement in efficiency though better case management, better training and an increase in the quality of the preparation of cases though more efficient cooperation between inspectors, lawyers and decision-makers within the authority. The Committee further notes that the SWEA continues its work of developing digital tools for statistical analysis to support the planning of inspection activities and the selection of workplaces to be inspected.

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. Following its previous comment, the Committee takes note of the 2017 annual report on the activities of the labour inspection services submitted with the Government’s report. The Committee requests the Government to pursue its efforts to ensure that the annual labour inspection reports are transmitted to the ILO and published in conformity with Article 20 of Convention No. 81 and Article 26 of Convention No. 129. It also requests the Government to take the necessary measures to ensure that the annual reports contain information specific to the agricultural sector, as required by Article 27 of Convention No. 129.