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

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

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.