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

Equal Remuneration Convention, 1951 (No. 100) - Sweden (Ratification: 1962)

Articles 1 and 2 of the Convention. Gender pay gap and occupational segregation. The Committee previously noted the persistence of the gender pay gap as a result of several causes, including occupational segregation, the influence of stereotypes in relation to women’s areas of study, and the role of family responsibilities in reducing women’s employment levels. The Committee welcomes the fact that according to EUROSTAT, the gender pay gap (in an unadjusted form) decreased from 13.3 per cent in 2016 to 11.8 per cent in 2019. Furthermore, according to the 2020 report of the Swedish National Mediation Office, forwarded by the Government, the gender pay gap continued to decrease in 2020, with wage differences being estimated at 9.8 per cent. The Mediation Office however highlights that men still earn more than women in all economic sectors and, while decreasing, horizontal and vertical gender occupational segregation persists. Although the gender pay gap can be explained by several reasons, such as discrimination, market forces, the financial conditions of the different sectors, as well as women’s and men’s attitudes or choice of profession, the main explanation remains that women and men work in different professions and sectors. The Committee 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, despite a generally high rate of labour force participation of women, several UN treaty bodies expressed concern at the continued horizontal and vertical occupational segregation, with women concentrated in part-time work, predominantly for family reasons, and the persistent gender pay gap (A/HRC/WG.6/35/SWE/2, 12 November 2019, paragraphs 43 and 44). In that context, in 2020, the UN Human Rights Council also recommended to consider redoubling efforts in addressing the gender pay gap, both in the public and private sectors (A/HRC/44/12, 18 March 2020, paragraph 156). The Committee notes with regret the persistent lack of information from the Government on the measures adopted to address occupational gender segregation. It however notes the Government’s statement, in its reports, that a Commission for equal living income was appointed on 5 March 2020, in order: (1) to submit proposals for measures that contribute to the promotion of equal pay, equal living income, and equal distribution of public support to women and men, as well as for measures on how equal workplaces can be ensured; and (2) to disseminate knowledge on how to promote economic equality and equal living incomes, in particular among authorities, municipalities and the civil society. The Government adds that the Commission will present its final report in February 2022. While welcoming the continued decrease in the gender pay gap, the Committee trusts that the Government will strengthen its efforts to implement measures to effectively address the persistent occupational gender segregation and gender pay gap. It asks the Government to provide information on the content and impact of the concrete measures adopted and implemented to that end, as well as on any recommendations formulated by the Commission for equal living income in that regard. The Committee further asks the Government to provide updated statistical information on the distribution of men and women in the different sectors of economic activity, occupational positions and their respective levels of remuneration, both in the public and private sectors, and on the gender pay gap in the country.

Article 2. Pay surveys and action plans for equal pay. The Committee previously noted that, pursuant to the Discrimination Act (2008:567), employers were required to take active measures to promote equal opportunities at the workplace and prevent differences in pay and other terms of employment between women and men who perform “work which is to be regarded as equal or of equal value”, in particular by carrying out pay surveys (Chapter 3, section 10) and elaborating an action plan for equal pay following the survey, for employers with more than 25 employees (Chapter 3, section 11). The Committee welcomes the adoption, on 1 January 2017, of the Act (2016:828) amending the Discrimination Act so that all employers, regardless of size, have now a duty to carry out active measures, in cooperation with the employees, concerning working conditions, wages, recruitment and promotion, vocational training and the reconciliation of work and parenthood. It further welcomes the fact that employers are now required to conduct a pay survey every year, instead of every three years, in order to identify, remedy and prevent unfair differences in pay between men and women (Chapter 3, section 8). The Committee notes the Government’s indication that the Equality Ombudsman has made significant efforts to provide information to the relevant stakeholders on the contents of the new legal provisions in this field, including by revising its online training on pay surveys and launching an e-guide on active measures against discrimination in order to provide support and guidance to employers. However, it also notes that, in the context of the UPR, the Government indicated that there are signs that the Discrimination Act is not being complied with to a sufficiently high extent in terms of requirements made for employers to conduct pay surveys. Furthermore, there is a need for effective oversight of the Act, with effective sanctions where the provisions are not met (A/HRC/WG.6/35/SWE/1, 11 November 2019, paragraph 27). In that regard, the Committee refers the Government to its 2021 direct request under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) regarding possible changes currently under consideration in order to achieve more effective supervision and compliance with the Act. The Committee requests the Government to provide information on the measures taken to achieve more effective supervision and enforcement of the system of pay surveys and action plans for equal pay. It requests the Government to provide information on the concrete measures implemented by employers as a result of the active measures carried out to address any wage differentials between men and women based on sex, as well as on the number and outcome of any cases concerning pay inequality between men and women dealt with by the labour inspectors, the Equality Ombudsman, the courts or any other competent authorities. The Committee further asks the Government to continue to provide information on the training and awareness-raising activities carried out by the Equality Ombudsman concerning the promotion and enforcement of the principle of the Convention.

Public sector. The Committee previously noted that a “statistical job classification in the national government sector” (BESTA) was intended to group jobs in the national government according to job content and difficulty in the context of wage statistics, but that this classification did not entail an evaluation of jobs. It requested the Government to provide information on the manner in which pay surveys were implemented in the context of the national government sector. The Committee notes the Government’s statement that in 2016, the Equality Ombudsman carried out a large examination of 190 government agencies which focused on gender equality plans, including action plans for equal pay, in order to monitor that public employers carry on a preventive work against discrimination according to the provisions on active measures of the Discrimination Act. After the examination, the Equality Ombudsman found that nine out of ten agencies had up-to-date gender equality plans but almost half of them contained some deficiencies. One of the most common deficiencies identified was the lack of an action plan for equal pay. The Committee asks the Government to provide information on any specific measures implemented, including as a follow-up of the evaluation made by the Equality Ombudsman, to address any deficiencies observed regarding the elaboration and implementation of active measures in the public sector, in particular the lack of an action plan for equal pay. It also asks the Government to provide information on any recent evaluation carried out to assess the implementation of the principle of the Convention in the public sector, as well as on any job evaluation method and criteria used to ensure that job classifications and pay scales applicable in the public sector are free from any gender bias.

Articles 2(2)(c) and 4. Collective agreements and collaboration with the social partners. Referring to its previous comments regarding the collaboration with the social partners in order to promote the application of the principle of the Convention, the Committee notes the Government’s statement that central workers’ and employers’ organizations have been participating in the commission of inquiry regarding active measures and equal living income. The Government adds that the Equality Ombudsman also cooperate with the social partners, including through network meetings. The Committee notes that, in its 2021 country report on non-discrimination in Sweden, the European Commission highlights that collective agreements cover about 90 per cent of workers (p. 16). It further notes that, in the context of the UPR, the Government indicated that, in Sweden, the responsibility for pay levels lies with the social partners as the employers, the workers and their organizations, work actively to reduce the pay gap between women and men (A/HRC/WG.6/35/SWE/1, paragraph 72). The Committee asks the Government to provide information on the manner in which the application of the Convention is promoted through collective agreements, including information on how provisions contained in collective agreements promote equal remuneration for men and women for work of equal value, as well as their impact at the local level. It further asks the Government to continue to provide information on the actions undertaken to promote the implementation of the principle of the Convention with the cooperation of the social partners, and the results of such initiatives.