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

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on any developments with regard to breaches of the provisions on minors and to continue to supply information on the practical application of the Convention, including, for instance, statistics on the number of children and young persons who work, extracts of the reports of the inspection services and the contraventions reported.

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

Further to its previous comments, the Committee notes with interest the information supplied by the Government in its report, in particular, concerning Articles 3 and 9 of the Convention.

Parts IV and V of the report form.  The Committee notes the Government’s indication that during the period 1996-99, four judicial decisions were handed down in proceedings relating to breaches of the provisions on minors. It takes note also that the operational statistics show that during 1999, the labour inspectorate made 20 notifications based on the provisions concerning minors, while under the present system, it is not possible at central level to know the content of the notifications. Noting that a new system is under construction, the Committee asks the Government to provide information on any developments in this regard, and to continue to supply information on the practical application of the Convention, including, for instance, statistics on the number of children and young persons who work, extracts of the reports of the inspection services and the contraventions reported.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the Government's reports for the period up to June 1996, and for the maritime sector for the period up to June 1994.

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 again refers 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, as well as 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, and Solitary Work (AFS 1982:3). The Committee recalls that under Article 3(2) of the Convention, the types of employment or work covered by Article 3(1), i.e. employment or work which is likely to jeopardize not only the health or safety but also 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 has noted the information supplied by the Government in reply to its previous request concerning the consultation made with employers' and workers' organizations regarding the existing Ordinances.

Article 9(1). The Committee notes the Government's explanation of the role of safety delegates, who are the employees' representatives at the workplace in ensuring internal control of compliance with the special rules applying to minors. It requests the Government to include in its future reports any example of the functioning of the safety delegates in so far as it relates to the application of the Convention.

Article 9(3). The Committee notes the Government's indication that every employer is expected to have a list of the employees through a reporting duty to the tax authority, containing data on their age in the form of a national registration number. It asks the Government to state if an employer is allowed to make such information available to other authorities, for instance, the labour inspectorate for the purpose of controlling the implementation of the minimum age for employment.

Point V of the report form. The Committee notes the detailed analysis of the number of young workers signed on in merchant ships. It hopes the Government will provide information on the practical application of the Convention in other sectors, including information on the number and nature of contraventions reported and penalties imposed.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes that the Government has supplied ample information in reply to its previous general observation, including information on social insurance, school system and statistical data on youth. It requests the Government to continue to supply such information to the extent that it would help the assessment of the application of the Convention in practice.

Domestic work

Further to its previous comments, the Committee notes with satisfaction that as a result of the amendment to the Work Environment Act (1977:1160) by the Act of 30 November 1995 (SFS 1995:1239), work done by employees under the age of 18 in the employer's household is covered, since 1 January 1996, by the Work Environment Act, which fixes among other things the minimum age for admission to employment. It notes that as a consequence the exclusion of domestic work in the employer's household from the application of the Convention, which the Government notified in its first report in accordance with Article 4(2) of the Convention, is no longer necessary.

Participation in artistic performances

The Committee also notes with satisfaction the amendment to the Ordinance of the National Board of Occupational Safety and Health on Minors at Work (AFS 1996:1), section 10, point 3. Unlike the previous general exclusion of artist performance and similar work as long as it is not hazardous and does not entail excessive strain, the employment of a child under the age of 13 years is now permitted only by an individual permission from the Labour Inspectorate, as required by Article 8(1) of the Convention, and on condition that the work is not hazardous and does not entail excessive physical and psychological strain on the child. It takes due note of the Government's general indication regarding consultation of the employers' and workers' organizations to the effect that, although the labour market parties are (since October 1992) no longer included in the Directorate of the National Board of Occupational Safety and Health, the regular practice is to involve them in the drafting of Ordinances and to have consultative meetings with them in finalizing the draft.

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

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.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the Government's first report. It would be grateful if the Government would supply further information on the following points.

Article 3, paragraph 1. Please indicate any provisions to protect persons under 18 years from work which is likely to jeopardize their morals.

Article 3, paragraph 2. Please indicate what consultations with the organizations of employers and workers have taken place on the Solitary Work Ordinance and on Ordinances 1973:A13 and SJOFS 1988:8 of the National Maritime Administration, prohibiting the use of young persons for certain types of work on board ship.

Article 3, paragraph 3. Section 11 of the Ordinance of the National Board of Occupational Safety and Health (1990:19) on Minors at Work provides for individual exceptions to be granted by the Labour Inspectorate for dangerous work to the lower age limit of 16 years. The Committee requests the Government to indicate any measures envisaged or taken to bring this legislation in line with the Convention, which does not allow for any exception under the age of 16 years for work or employment which may jeopardize the health, safety or morals of young persons.

Please also indicate what tripartite consultations have been undertaken before the National Institute of Radiation Protection issued, under section 16 of the Radiation Protection Act, the provisions respecting work of persons under 18 years involving exposure to ionizing radiation.

Article 4, paragraph 1. For work done in the employer's household, the relevant Domestic Employment (Working Hours, Etc.) Act specifies no lower age limit. The reason for the exception according to the Government report is that "such work is so uncommon that no problems have ever been referred to in this sector. There have been no manifestations of opinion in Sweden calling for a minimum age for domestic work." However, the Committee notes that the legislator has specifically regulated hours of work, etc. for domestic work.

The Committee requests the Government to indicate what consultations with organizations of employers and workers have been undertaken on the exclusion of domestic work from the minimum age legislation. Please also indicate any measures envisaged or taken to establish a minimum age for domestic work in accordance with Article 2 of the Convention.

Article 8, paragraph 1. Section 10(2) of the Ordinance on Minors at Work authorizes, in a general manner, exceptions to the minimum age requirements for artistic performances whereas the Convention only provides for exceptions to the minimum age requirements through permits in individual cases, and after individual consultation with the organizations of employers and workers. Please indicate the measures envisaged or taken to bring the Ordinance in line with this provision of the Convention and the consultations with the organizations of employers and workers, undertaken in each individual case, including where exceptions have been granted by a County Administration under the Public Order Statute.

Article 9, paragraph 1. Please indicate any laws or regulations in existence regulating the amounts of fines to be imposed, to ensure the effective enforcement of the provisions of the Convention.

Article 9, paragraph 3. Please indicate whether medical examinations as provided for under Chapter 5, section 4 of the Work Environment Act have been made mandatory, whether the register of medical examinations is to be kept with the employer, and whether it indicates the ages of the persons in question.