Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

Minimum Age Convention, 1973 (No. 138) - Sweden (Ratification: 1990)

The Committee notes the Government's second report and requests the Government to supply further information on the following points.

Article 3 of the Convention. As regards the protection of persons under 18 years from work which is likely to jeopardize their morals, the Committee notes the Government's reference to section 2 of the Ordinance on Minors at Work (AFS 1990:19) which sets forth the duty of the person engaging a minor to select the minor's duties with care so as to prevent all harmful effects on health and development. It also notes the reference to the protection under the Ordinances of the National Board of Occupational Safety and Health entitled Violence and Menaces in the Working Environment (AFS 1993:2), and Victimization at Work (AFS 1993:17), which also stipulates the employer's duty to take action for the prevention of relevant incidents. The Committee recalls that under Article 3(2) of the Convention, the types of employment or work covered by Article 3(1), i.e. including employment or work which is likely to jeopardize the health, safety or morals of young persons, should be determined by legislation or by the competent authority after consultation with the employers' and workers' organizations. It requests the Government to indicate measures taken or envisaged in this respect.

The Committee notes the information supplied by the Government in reply to its previous request concerning the consultation made with employers' and workers' organizations regarding the Solidarity Work Ordinance (Article 3(2)). It would draw the Government's attention to the requirements for consultation under Article 3(2) and (3) and requests the Government to include information on such consultation in its future report when indicating any modifications to the application of this Article.

The Committee also notes the Government's indication that rules for minors, including all age limits, will be reviewed within the next year, and requests the Government to provide information on any development in this regard.

Article 4(1). The Committee notes the information supplied in reply to the previous request on the consultation that took place concerning the exclusion of domestic work from the minimum age legislation. It notes the Government's indication of steps taken to introduce a lower age limit also for work in the employer's household. Please indicate any progress made.

Article 8(1). The Committee notes the Government's reference to the coming revision of the Ordinance on Minors at Work, during which the point will be taken into consideration. It recalls that the Convention provides for exceptions to the prohibition of employment or work under the minimum age only through permits in individual cases, and after consultation with the organizations of employers and workers. Please provide information on the progress made in the revision of the Ordinance to bring it into line with the provision of the Convention.

Article 9(1). The Committee notes the information supplied concerning the general system of penalties as regards the infringement of the Work Environment Act. It asks the Government to provide information on the practical application of the relevant provisions with regard to minimum age in accordance with point V of the report form, including information on the number and nature of contraventions reported, and penalties imposed.

Article 9(3). The Committee notes the Government's indication that no prescription concerning registers has been made under Chapter 5, section 4 of the Work Environment Act. It requests the Government to indicate measures taken to give effect to this provision of the Convention.