Workers with Family Responsibilities Convention, 1981 (No. 156) - Sweden (Ratification: 1982)

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Measures addressing family responsibilities during the COVID-19 pandemic. The Committee welcomes the Government’s indication, in its reports, that, due to the COVID-19 pandemic, the possibilities for parents to receive temporary parental benefits have been expanded as some parents have had to stay at home to care for their children, as a result of the closing of school or preschool facilities. In such a situation, the parents are able to receive around 90 per cent of the daily remuneration they would normally obtain from the temporary parental benefit. The ordinance was established in April 2020 and will expire at the end of January 2022. The Committee asks the Government to provide information on the number of parents who benefitted from the specific temporary parental benefits measures adopted in the context of the COVID-19 pandemic.

Article 4(b) of the Convention. Leave entitlements. In its previous comments, the Committee requested the Government to continue to provide information on social security programmes and entitlements that improve workers’ ability to balance work and family responsibilities and to indicate the reason why the “gender equality bonus” was discontinued. The Government in its response states that an evaluation shown that the “gender equality bonus” did not change the distribution of parental benefits between the parents and concluded that it was an ineffective method to achieve a more equal distribution of parental benefits and parental leave. At the same time, when the “gender equality bonus” was abolished, the number of days in the parental insurance that could not be transferred to the other parent was increased from 60 days to 90 days, which has proven to be a more effective way of contributing to a more equal distribution of parental benefits between men and women. The Committee welcomes the information in the 2020 report from the Swedish Social Assurance Agency showing an increase in the number of days with parental benefits used by men from 25 per cent in 2016 to 30 per cent in 2019. It however notes that, in 2019: (1) 70 per cent of parental leave was still taken by women; (2) women claimed 61 per cent of the days corresponding to temporary parental benefit (compensation to parents who stay home from work in order to care for a sick child); and (3) women represented 72 per cent of the recipients of child allowance and 83 per cent of the recipients of child carer’s allowance for children with an illness or disability. In that regard, the Committee notes that, in its 2020 country report on gender equality in Sweden, the European Commission highlighted that in 2017 an inquiry on gender equality in parenthood delivered its report (2017:101) where it noted that the labour market was still highly gender segregated, with women more often having temporary employment, taking more parental leave and working part time than men. The Committee further notes that, as highlighted in 2019 in the context of the Universal Periodic Review (UPR), conducted under the auspice of the United Nations (UN) Human Rights Council, several UN treaty bodies have expressed concern about the concentration of women in part-time work, predominantly for family reasons (A/HRC/WG.6/35/SWE/2, 12 November 2019, paragraph 43). The Committee notes the Government’s indication that Statistics Sweden (SCB) has been assigned to investigate and carry out a new study of time use, among women and men with a specific focus on unpaid home and care work. The Government adds that: (1) an inquiry has been appointed to modernize and simplify the regulations regarding parental benefits; and (2) a legislative proposal was submitted for public inquiry in the beginning of 2021 to introduce a new parental benefit, a family day allowance, to be used when the child is home from school at study breaks in order to make it easier for working parents to combine work and family life. The Committee asks the Government to continue to provide information on future developments in social security programmes and entitlements implemented, in particular as a result of the above-mentioned public inquiries, to improve workers’ ability to balance work and family responsibilities. It further asks the Government to provide information on the measures taken to encourage more men to make use of family-related leave with a view to achieving a more equitable distribution of family responsibilities, so that women in particular are not restricted in their possibilities of preparing for, entering, participating in or advancing in economic activity. The Committee asks the Government to provide information on the conclusions reached by Statistics Sweden on time use for unpaid home and care work by men and women respectively, as well as statistical information, disaggregated by sex, on the extent to which men and women workers make use of family-related leave entitlements, both in the public and private sectors.

Article 5(a). Childcare facilities and services. Referring to its previous comments, the Committee takes note of the Government’s statement that the reason for abolishing the childcare allowance was because there was a need to take more effective measures to help ensure that homework and care for children were distributed more equally between men and women. In that regard, the Government indicates that, in 2013, 91 per cent of those who received childcare allowance were women, plus persons born outside Sweden received childcare allowance to a greater extent than persons born in Sweden. Therefore, in the Government’s view, the childcare allowance contributed to more women leaving the labour market, especially women who already had a weak connection to it. The Committee therefore asks the Government to provide information on the measures taken to assist men and women workers to reconcile work and family responsibilities, including by effectively ensuring adequate, affordable and accessible childcare services and facilities. It further asks the Government to provide information on: (i) the extent of childcare and family services available for men and women workers with family responsibilities; and (ii) the number of workers with family responsibilities making use of the existing childcare and family services and facilities.

Article 11. Cooperation with employers’ and workers’ organizations. The Committee previously noted that “extra parental wages” paid by the employer according to collective agreements are especially important to large groups of salaried employees, owing to the upper earning “ceiling” in the social security benefit scheme, and requested the Government to provide information on the number of men and women that have received extra parental wages. The Committee notes the Government’s statement that extra parental wages provided for in collective agreements apply both to women and men but that no statistics are available in that regard. The Committee asks the Government to provide information on the type of sectors and number of employees covered by collective agreements providing for “extra parental wages”, as well as extracts from collective agreements relating to “extra parental wages”. It further asks the Government to provide information on the measures taken to enhance social dialogue and cooperation with the social partners in the promotion of the application of the principles of the Convention.

Enforcement. The Committee previously requested the Government to provide information on the number of cases of unfair treatment or dismissal on the ground of family responsibilities dealt with by the competent authorities. It notes the Government’s indication that three judgments in relation to the prohibition of discrimination against workers with family responsibilities were handed down and that the Equality Ombudsman was a party in those cases. The Government adds that two of these cases referred to discrimination associated with parental leave and one referred to discrimination based on pregnancy. The Committee observes that the Government does not provide information on any case dealt with by the Labour Court on the principles set out in the Convention. The Committee asks the Government to continue to provide information on the number, nature and outcome of any cases on unfair treatment or dismissal on the ground of family responsibilities dealt with by the labour inspectorate, the Equality Ombudsman, the courts or any other competent authorities. It further asks the Government to provide statistical data disaggregated by sex, studies, surveys and reports which may allow the Committee to examine how the principle enshrined in the Convention is applied in practice, indicating the obstacles faced and the progress achieved with regard to equality of opportunity and treatment between men and women workers with family responsibilities and between these workers and workers without family responsibilities.

General Observation of 2019. Regarding the above issues and more generally, the Committee would like to draw the Government’s attention to its general observation on workers with family responsibilities, adopted on 2019. In such observation, the Committee recalls the ILO Centenary Declaration for the Future of Work’s aim to achieve gender equality at work through a transformative agenda and stresses the importance of the Convention in achieving this goal. The Committee calls for member States, and employers’ and workers’ organizations, to strengthen efforts towards: (i) making non-discrimination of workers with family responsibilities and the adoption of measures to facilitate the reconciliation of work and family responsibilities explicit aims of their national policy; (ii) regularly monitoring and assessing the results achieved within the framework of the national policy towards achieving the aims of the Convention with a view to adjusting the measures adopted or envisaged; (iii) launching regular public information campaigns to promote the sharing of family responsibilities and remove misconceptions around care roles; (iv) ensuring that workers with family responsibilities have effective equal opportunities and rights to enter, re-enter and remain integrated in the labour market; (v) expanding and increasing access of all workers to voluntary and protected measures of working arrangements and leave that facilitate reconciliation of work–family life; (vi) expanding measures that support the reconciliation of work and family responsibilities within social protection systems; (vii) establishing and expanding adequate quality childcare and family services at community level; (viii) promoting social dialogue, collective bargaining and other measures to strengthen, facilitate and encourage the implementation of the principles of the Convention; and (ix) enhancing the capacity of enforcement authorities, including labour inspectors, tribunals, courts, and other competent bodies, to identify, prevent and remedy cases of discrimination in employment and occupation related to family responsibilities. The Committee asks the government to provide information on any measures taken or foreseen to apply the points referred to above.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 4(b) of the Convention. Social security. In its previous comments, the Committee requested the Government to continue to provide information on future developments in social security programmes and entitlements that improve workers’ ability to balance work and family responsibilities, as well as on the practical application of the measures, including the gender equality bonus. The Committee notes the Government’s indication in its report that the “gender equality bonus” will be discontinued on 1 January 2017, as it did not have the expected results. The Committee further notes that, according to the Swedish Social Insurance Agency, 50.2 per cent of the beneficiaries of the “gender equality bonus” were women in 2014. Moreover, the Committee notes that the Government indicates that the number of reserved days for each parent of the parental benefit was extended from 60 to 90 and that a new basic level for the parental benefit was established on 1 January 2016. According to the Swedish Social Insurance Agency, 75 per cent of the beneficiaries of the parental benefit were women in 2014. The Committee notes, in this regard, that men’s proportion of days of parental benefit has increased (men took 12 per cent of the total days in 2000 and by 2014 this amounted to just over 25 per cent), partially depending on the number of days taken by women, and that women received lower average compensation per day compared to men. Finally, the Committee notes the Government’s indication that several social security benefits have been increased, including the housing allowance for families with children and the maintenance allowance. The Committee requests the Government to continue to provide information on future developments in social security programmes and entitlements that improve workers’ ability to balance work and family responsibilities, including statistical information on the practical application of such measures. The Committee further requests the Government to indicate the reason why the “gender equality bonus” did not have the expected results and was discontinued. The Committee also requests the Government to indicate in which manner housing allowance for families with children and maintenance allowance benefit workers with family responsibilities.

Article 5(a). Childcare facilities and services. The Committee notes the Government’s indication concerning the discontinuance on 1 February 2016 of the granting of the childcare allowance by municipalities for parents of children between 1 and 3 years old who chose to care for their children on their own instead of making use of the municipal childcare. The Committee requests the Government to indicate the reason why the granting of childcare allowance was discontinued.

Article 6. Information and education. The Government indicates that the Swedish Social Insurance Agency is responsible for informing those concerned about the social insurance and other benefits and remuneration. The Committee further notes that, according to the Swedish Social Insurance Agency’s regulation for the year 2016, the agency has, among its objectives, to promote an equal take-up between men and women of parental benefit and temporary parental benefit.

Article 11. Cooperation with employers’ and workers’ organizations. The Committee notes that, according to the report of the European Parliament entitled: “The Policy on Gender Equality in Sweden” of 2015, “extra parental wages” paid by the employer according to collective agreements are especially important to large groups of salaried employees, owing to the upper earning “ceiling” in the social security benefit scheme. The Committee requests the Government to indicate whether these measures adopted in the framework of collective agreements apply to both men and women workers with family responsibilities, and to provide information on the number of men and women that have received extra parental wages.

Practical application In its previous comments, the Committee requested the Government to provide information on the nature and outcome of the complaints submitted to the Equality Ombudsman, including with regard to unfair treatment or dismissal on the ground of family responsibilities. It also requested the Government to provide information on any cases brought before the Labour Court, including those by the Equality Ombudsman, as well as information on the number, nature and outcome of such cases. The Committee notes the Government’s indication that nine judgments in relation to the prohibition of discrimination against workers with family responsibilities were announced and that the Equality Ombudsman was a party in those cases. The Government further indicates that the Labour Court has not decided any case regarding the principles set out in the Convention. The Committee requests the Government to continue to provide information on the nature and outcome of the complaints submitted to the Equality Ombudsman, including with regard to unfair treatment or dismissal on the grounds of family responsibilities. It also requests the Government to continue to provide information on any cases brought before the Labour Court, including those by the Equality Ombudsman, as well as information on the number, nature and outcome of such cases.

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

Legislative developments. The Committee notes the Government’s indication that the Work Environment Authority’s provisions on pregnant and breastfeeding workers with regard to risk assessment have been revised, and entered into force in April 2008. The Committee asks the Government to provide information on any impact of the Work Environment Authority’s provisions on pregnant and breastfeeding workers with regard to risk assessment, with a view to taking account of the needs of workers with family responsibilities. It once again asks the Government to provide information on the practical application of section 11 of the Employment Protection Act, as well as sections 16 and 17 of the Parental Leave Act, as well as on any other measures taken or envisaged to promote the objectives of the Convention.

Article 4(b) of the Convention. Social security. The Committee notes with interest the introduction in 2008 of the gender equality bonus, in which parents who take an equal number of parental benefit days each, receive the maximum bonus of 13,500 Swedish kronas (SEK) together, on condition that they work when the other parent is receiving the parental benefit. The Committee asks the Government to continue to provide information on future developments in social security programmes and entitlements that improve workers’ ability to balance work and family responsibilities. It also asks the Government to provide statistics on the practical application of the measures, including the gender equality bonus.

Article 6. Information and education. The Committee again asks the Government to provide details of its information and education strategy to raise awareness about available parental leave benefits and to indicate how these efforts affect the number of leave days taken by men and women respectively. The Committee also asks the Government to report on the measures taken or envisaged to raise awareness among the foreign-born population about available social security benefits, in particular parental cash benefits, to assist them in reconciling work and family responsibilities.

Article 11. Cooperation with employers’ and workers’ organizations. The Committee recalls the active engagement of the social partners on the issue of workers with family responsibilities. The Committee asks the Government to provide information on the specific measures taken to promote social dialogue and tripartite cooperation in order to strengthen laws, measures and policies giving effect to the Convention, and on the manner in which workers’ and employers’ organizations have exercised their right to participate in the design and implementation of such measures.

Parts III–V of the report form. The Committee notes that according to Chapter 6, section 2, of the Discrimination Act of 2008 (SFS 2008: 567), the Equality Ombudsman, which replaced, among others, the Equal Opportunities Ombudsman (EOO), may bring a court action on behalf of an individual. The Committee recalls its previous comments asking the Government to provide information on the nature and outcome of the complaints submitted to the EOO, as well as the results of the EOO’s work to monitor the application of section 5 of the Equal Opportunities Act. The Committee also notes the Government’s indication that the Labour Court has not decided any case of principle regarding the Convention. The Committee asks the Government to provide information on the nature and outcome of the complaints submitted to the Equality Ombudsman, including with regard to unfair treatment or dismissal on the grounds of family responsibilities. It also asks the Government to provide information on any cases brought before the Labour Court, including those by the Equality Ombudsman, as well as information on the number, nature and outcome of such cases.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Article 4(b). Conditions of employment. Recalling the Committee’s previous comments on the Provisions of the Work Environment Authority on Pregnant and Breast-Feeding Employees (Ordinance AFS 1994:32), the Committee notes the Government’s indication that the Act is currently under revision – in particular, the general recommendations concerning its implementation. Noting that these changes are expected to come into force in 2007, the Committee asks the Government to include information in its next report on the outcome of this revision as well as its effect on promoting the objectives of the Convention.

2. With regard to the obligation of employers under section 5 of the Equal Opportunities Act (No. 433 of 1991) to “facilitate the combination of gainful employment and parenthood with respect to both female and male employees”, the Committee notes from the Government’s report submitted in October 2006 on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), that the Equal Opportunities Ombudsman (EOO) is working to verify employers’ compliance with the requirements of the Act primarily through an examination of equal opportunity plans. Noting that the report contains no further information on the results of these examinations or on the contents of individual employer plans with respect to work and family responsibilities, the Committee asks the Government to provide details in its next report on the results of the EOO’s work to monitor the application of section 5 of the Equal Opportunities Act and to indicate any measures taken or envisaged to promote greater compliance on the part of employers with this obligation.

3. Article 4(b). Social security. The Committee notes with interest the information provided by the Government on the numerous developments during the reporting period in relation to parental insurance, temporary parental allowance and child allowance entitlements. It notes in particular, that in 2003, the upper age limit for eligibility for care allowances for children with functional disabilities was raised from 16 to 19 years. It further notes from the statistics provided on the scope and financing of social security in Sweden that parental insurance and child allowance accounted for 75 per cent of expenditures for families and children in 2004. The Government reports that with respect to parental insurance, 79 per cent of the days paid out in 2004 were claimed by women and 21 per cent by men – although it expects the proportion of days claimed by fathers to rise. The Committee asks the Government to continue providing information on future developments in social security programmes and entitlements that improve workers’ ability to balance work and family responsibilities. Please also continue to provide statistics on the practical application of these measures.

4. Article 6. Information and education. The Committee notes the study by the Social Insurance Agency entitled “Social security in Sweden 2005 – On the fringe of security”. The document examines, among other things, how foreign-born parents living in Sweden use the parental cash benefit, which is intended to assist individuals to combine their family responsibilities with gainful employment. Among the study’s findings, the Committee notes the suggestion that differences in the use of social insurance by foreign-born and native-born parents may stem from differences in knowledge about parental insurance. This assessment is confirmed by a report prepared in 2003 by the Swedish Social Insurance Board revealing that foreign-born people are less knowledgeable than native-born people on such matters. Furthermore, the Committee notes another study published by the Social Insurance Agency in 2003 entitled “Mum knows best: A knowledge survey concerning parental benefit and leave”. The study shows that there is relatively little awareness of the fact that both parents are entitled to half of the available parental leave with many believing that the mother is entitled to more days of leave than the father. The agency states in the report that it intends to step up its information efforts since a proper understanding of available benefits is expected to affect how parents choose to divide their leave entitlements. The Committee asks the Government to provide details of its information and education strategy to raise awareness about available parental leave benefits and to indicate how these efforts affect the number of leave days taken by men and women respectively. The Committee also asks the Government to report on the measures taken or under consideration to raise awareness among the foreign-born population about available social security benefits, in particular parental cash benefits, to assist them in reconciling work and family responsibilities.

5. Article 11. Participation of employers’ and workers’ organizations. The Committee notes from the EOO report on parenthood and parental insurance discussed above, the active engagement of the social partners on the issue of workers with family responsibilities. It notes the numerous studies and reports produced both by workers’ and employers’ organizations addressing the labour market challenges facing men and women in balancing their work and family responsibilities. The Committee welcomes this information and asks the Government to indicate how it cooperates with the social partners in practice to give effect to the provisions of the Convention, particularly in light of their extensive contributions to the study of workers with family responsibilities in Sweden.

6. The Committee notes the report by the EOO entitled “Parenthood and parental insurance – The current situation in Sweden” that was updated in 2006. The Committee notes with interest the numerous studies identified in this document that were undertaken during the reporting period on balancing work and family life in Sweden. It also notes the figures showing that between 2000 and 2005, 189 complaints relating to pregnancy, parental leave and parenthood were reported to the EOO. The Committee asks the Government to include information in its next report on the nature and outcome of the complaints submitted to the EOO along with any other relevant case law involving questions of principle relating to the application of the Convention.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Legislative developments. The Committee notes Act No. 439 of 2006 to amend the Employment Protection Act (No. 80 of 1982). According to section 11 of this Act, in cases where an employer dismisses staff because of a lack of work, employees on parental leave at the time of such dismissals may not be given notice of termination during their leave period, but only upon returning from leave. In addition, the Committee notes with interest Act No. 442 of 2006 to amend the Parental Leave Act (No. 584 of 1995). It notes in particular section 16, which prohibits the unfair treatment of employees or job applicants for reasons connected with parental leave, including with regard to working conditions, wage setting or work supervision. The Committee also notes that under section 17, a worker cannot be dismissed for exercising his or her rights to parental leave under the Act. Should a dispute arise relating to unfair treatment as prohibited by the Act, the Equal Opportunities Ombudsman (EOO) may now bring an action before the Labour Court on behalf of an individual employee or job applicant. The Committee welcomes these developments and asks the Government to provide information on the practical application of these new legislative provisions including cases brought by the EOO before the Labour Court, and on their outcomes.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

1.  Article 4(b) of the Convention.  The Committee notes with interest the information provided in the Government’s report regarding modifications made to the parental insurance and child allowance schemes, including the large family supplements to the basic child allowance. The Committee particularly notes the modifications made to the parental insurance scheme, effective 1 January 1995, which provide for allocation of the parental cash benefit depending upon whether the parents share custody of the child or one parent has sole custody. The Committee would appreciate receiving information, including statistical data, disaggregated by sex, on the practical application of this provision and its practical effect in promoting the objectives set forth in Article 3(a) of the Convention.

2.  The report indicates that, following a mandate from a trade union network, the Swedish Equal Opportunities Ombudsman (JämO) is conducting a study of problems workers face when they return to work after taking parental leave. The Government points out that, while section 5 of the Equal Opportunities Act of 1991 requires Swedish employers to facilitate the combination of gainful employment and parenthood for both male and female employees, employers often disregard this legal obligation. Moreover, many employees fail to exercise their rights in this area for fear of provoking their employers. The Government indicates that the most frequent problems faced by workers after a period of parental leave involve wage discrimination, disputes regarding work schedules and discrimination related to changes of organization at the workplace. The report indicates that JämO has handled 23 cases during the reporting period concerning problems of combining work and family responsibilities. In light of the problems described in the report, the Committee requests the Government to provide information on the cases brought before JämO relevant to the Convention, including information on the nature of the cases, the action taken and the outcome. It also requests the Government to indicate any measures taken or envisaged to promote greater compliance on the part of employers with their obligations under section 5 of the Equal Opportunities Act of 1991.

3.  The Committee notes the National Board of Occupational Health and Safety’s issuance in 1994 of Ordinance AFS 1994:32, in compliance with European Council Directive 92/85/EEC, calling for the introduction of measures to encourage improvements in the safety and health at work of pregnant workers, workers who have recently given birth, or those who are breastfeeding.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes the information contained in the Government's report in answer to its previous direct request.

In respect of Article 10, paragraph 2 of the Convention the Committee notes with particular interest the adoption of legislation on compensation and leave of absence for the care of next-of-kin, which entered into force on 1 July 1989 (SFS 1988:1465) and which assists workers in being able to engage in employment without conflict between their employment and family responsibilities toward members of the immediate family, other than dependent children, who clearly need care or support. The Committee would be glad if the Government would supply, in future reports, information on the application of this law in practice.

The Committee also notes with interest the expansion of parental insurance including the increase in compensation for temporary parents' allowance and the extension of the benefit period for temporary parents' allowance and parents' allowance. The Committee hopes the Government will continue to keep it informed of the implementation of future measures contemplated in this area.