Demande directe (CEACR) - adoptée 2024, publiée 113ème session CIT (2025)

Convention (n° 189) sur les travailleuses et travailleurs domestiques, 2011 - Suède (Ratification: 2019)

Articles 1(a)–(c) and 2 of the Convention. Definitions. Exclusions. The Committee welcomes the Government’s first report in relation to the application of the Convention. It notes the Government’s indication that a domestic worker within the meaning of the Convention is covered under Swedish legislation, either by the Domestic Work Act (1970: 943), or the Employment Protection Act (1982:80). The Government adds that which of the two pieces of legislation is applicable to the domestic worker turns on whether or not the work is performed in the employer’s household. Section 1 of the Employment Protection Act excludes from its scope of application persons who perform work in their employer’s household, whereas section 1 of the Domestic Work Act of 1970 stipulates that the Act applies to “work performed by the worker in the employer’s household”. The Act does not apply if the household employee is a member of the employer’s family, with the sole exception of employees who are personal assistants within the meaning of Act No. 387 of 1993 on support and services for certain persons with disabilities. The Government adds that the changes made as a result of the implementation of the Convention have been aimed at ensuring that all domestic workers, as defined in the Convention, have similar protections, regardless of which legislation is applicable to them under Swedish law. Lastly, the Committee notes the Government’s indication that no groups of domestic workers have been excluded from the application of the Convention (Article 2).

The Committee duly notes this information and observes that the Domestic Work Act and the Employment Protection Act of 1982 do not provide definitions of “domestic work” and “domestic worker” and that the Domestic Work Act makes no reference to the types of tasks that would constitute domestic work - coverage under this Act being determined solely by the location where the work is performed. Nonetheless, the Committee understands that workers performing domestic tasks for a household or households but outside these households’ premises would be considered as employees and, as such, protected under the Employment protection Act. The Committee notes the Government’s indication that its intention has been to establish similar protections for all domestic workers and recalls that Article 1 of the Convention indeed provides definitions of domestic work and domestic worker that ensure a broad scope of application by taking into account that the services of domestic workers may be provided outside the household (including services such as taking children to school, chauffeuring, gardening, or guarding the premises). Moreover, the reference to a household or households takes into account the situation of many domestic workers who work for multiple employers or who are employed by temporary work agencies and outsourced to perform domestic work in numerous households. (General Survey of 2022 on securing decent work for nursing personnel and domestic workers, paragraph 557). The Committee requests the Government to confirm whether domestic workers working for a household or households but outside the premises of these households such as workers hired to take children to school, chauffeuring, gardening, or guarding the premises are considered domestic workers for the purpose of benefitting from all the protections established by the Convention. Also, noting that the report does not provide information on the manner in which effect is given to Article 1(c) of the Convention, the Committee requests the Government to provide information in this respect in its next report.

Article 3. Fundamental rights. The Government reports that the requirements of Article 3 of the Convention are satisfied by the European Convention for the Protection of Human Rights and Fundamental Freedoms, as well as through other international commitments undertaken by Sweden, such as the provisions of the European Social Charter and the UN Convention on the Rights of the Child, which have been incorporated into Swedish legislation. The Government also refers to its ratification of ILO Conventions relevant to its application of Article 3 of the Convention, as well as to national legislation, such as the Employment (Co-Determination in the Workplace) Act, the Discrimination Act, the Prohibition of Discrimination against Employees Working Part Time and Employees with Fixed-Term Employment Act. With respect to minors, the Government refers to the Work Environment Act (1977:1160) and the Swedish Work Environment Authority’s provisions on minors (AFS 2012:3). The Committee requests the Government to provide more specific information on the manner in which Article 3(2)(a) through (d) is applied to provide effective protection for the fundamental labour rights of domestic workers. In addition, noting that the particular characteristics of domestic work in private households, where domestic workers often work alone and may face linguistic or other barriers, often pose obstacles to the exercise of freedom of association and collective bargaining rights (Article 3(3)), the Committee requests the Government to provide information on the measures taken or envisaged to ensure that domestic workers, particularly migrant domestic workers, are able to effectively exercise the right to form and join organizations of their own choosing and collectively bargain.

Article 4. Minimum age for admission into employment. The Government indicates that the same regulations governing minimum age for admission to employment that apply to workers generally also apply to domestic workers. It adds that the minimum age for admission to work under Swedish law is compatible with Minimum Age Convention, 1973 (No. 138) and Worst Forms of Child Labour Convention, 1999 (No. 182), referring to the provisions of the Work Environment Act (1977:1160) and the Swedish Work Environment Authority’s provisions on minors (AFS:2012:3). The Committee notes that the Work Environment Act, as amended, covers work performed in an employer’s household, as well as work performed outside the household. Chapter 5, section 1 of the Work Environment Act defines a “minor” as a person who has not attained the age of 18. Chapter 5, section 2 provides that minors may not be employed or perform work before the year in which they turn 16, or before they have completed their compulsory education. The Committee notes the Government’s indication that young persons between the ages of 16 and 18 may be employed in all types of work, with the exception of work that is considered dangerous, physically or mentally challenging. In addition, the Committee notes that this same provision of the Work Environment Act also contemplates that a minor who has reached the age of 13 may be engaged for light work. Such work may not have a detrimental effect on the minor’s health, development or schooling, and may be authorised where the employer obtains a certificate from the child’s parents agreeing that the child may be employed. Moreover, this provision stipulates that the Government may issue regulations concerning exceptions that would allow an employer to engage the services of a minor under the age of 13 in very light work where significant problems could arise if such an exception were not permitted (Work Environment Act, Chapter 5 section 2). The Committee also notes section 1 of the Domestic Work Act, which provides that sections 11-14 and 24-35 of the Act are applicable to workers under the age of 18. While section 11 and 11(a) address the worker’s right to a written employment contract which sets out all of the conditions of material importance to the employment relationship, section 11(b) establishes the obligations of employers toward domestic workers, presumably including minors under the age of 18, who are sent to work abroad for more than four consecutive weeks. The Committee requests the Government to provide additional detailed information on the manner in which it is ensured that, where children under the age of 18 are allowed to perform domestic work, this does not deprive them of the ability to complete their compulsory education, nor of the opportunity to participate in further education or vocational training, as required under Article 4(2) of the Convention. In addition, and taking note of section 2 of the Work Environment Act, which permits minors between the ages of 13 and 15 to be engaged for or perform light work that will not have a detrimental effect on the minor’s health, development or education, the Committee requests the Government to provide information on the manner in which this provision is regulated in the domestic work sector, and taking into account the applicability of sections 11, 11a and 11b of the Domestic Work Act to minors under the age of 18.

Article 5. Abuse, harassment and violence. The Government reports that provisions protecting workers against all forms of abuse, harassment and violence are found in the Work Environment Act, as well as in the Swedish Work Environment Authority’s provisions on violence and threats in the working environment (AFS 1993:2), provisions on organizational and social work environment (AFS 2015:4) and in provisions (AFS 2001:1) on systematic work environment management. The Government adds that the Swedish Criminal Code also contains provisions on crimes against persons, such as harassment, unlawful threats, and assaults. The Government does not, however, provide information on the content or application of application of the provisions cited in practice, nor on measures taken or envisaged to ensure the effective protection of domestic workers against all forms of abuse, harassment and violence in the workplace within the meaning of Article 5 of the Convention.The Committee therefore requests the Government to provide information on the measures taken or envisaged to ensure that domestic workers enjoy effective protection in practice against all forms of abuse, harassment and violence, including moral and sexual harassment. It further requests the Government to provide detailed updated information on the manner in which effect is given to Article 5 in the specific context of domestic work, including statistical data on the number, type and outcome of complaints brought for abuse, harassment and violence under national legislation.

Article 6. Fair terms and conditions of employment, decent working and living conditions. The Government indicates that the terms of employment and working conditions of workers in Sweden are covered under different regulations, such as the Employment Protection Act, the Working Hours Act, the Annual Leave Act, and the Work Environment Act. The Committee notes that persons performing work in a household are excluded from the application of the Employment Protection Act and the Working Hours Act, but that such persons are covered by the Domestic Work Act. It notes the Government’s view that these regulations taken together provide sufficient protection for Sweden to comply with the requirements of Article 6 of the Convention. The Committee further notes that section 1 (a) of the Domestic Work Act provides that a collective agreement concluded or approved by a central workers’ organization may derogate from certain provisions of the Act (sections 10, 11 (a) through (e)), provided that the agreement does not entail the application of less favourable rules for workers than those provided by EU Directive 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union. In terms of living conditions and respect for privacy, the Government indicates that there are provisions in several areas of Swedish law, such as the Swedish Land Code, which provide protections where the employer provides the worker with accommodation. The Committee requests the Government to provide information on any collective agreements concluded in the domestic work sector relevant to the application of the Convention, and to provide copies of any such agreements that may be in force. It further requests the Government to provide additional information on the nature and impact of measures taken to ensure that domestic workers residing in the employer’s household enjoy decent living conditions which respect their privacy, as contemplated in Article 6 of the Convention and Paragraph 17 of the Domestic Workers Recommendation, 2011 (No. 201).

Article 8. Migrant domestic workers. The Government indicates that Swedish law does not contain any specific requirements regulating the content of an employment offer. Nevertheless, pursuant to the Aliens Act (2005:716), for a work permit to be granted to a migrant worker, the salary and other terms of employment offered to the worker must be at least as favourable as those contained in Swedish collective agreements or practice in the profession or the industry. The employer applying for the work permit is required to present a written employment offer to the Swedish Migration Agency which sets out the nature of the work, the salary, insurance coverage, and other terms and conditions of the employment. Workers’ organizations are given an opportunity to indicate to the Swedish Migration Agency whether the terms and conditions of the employment offer are in line with conditions of employment in Sweden for the particular job or sector. The Government indicates that the purpose of these requirements is to ensure that migrants arriving in the country receive fair terms of employment, as well as to prevent employers from recruiting workers from abroad and offering them terms of employment that are inferior to those offered to workers in Sweden. Work permit applications must, as a rule, also be submitted and granted before the person enters Sweden. The Government adds that, as a result, persons who apply for a work permit to work in Sweden will receive a written employment offer with relevant information before entering the country. The Committee notes that section 11(b) of the Domestic Work Act requires the employer to provide the domestic worker, if the worker is sent abroad to work for more than four consecutive weeks, with written information of all terms and conditions of the employment specified in sections 11(a) and (b) prior to the domestic worker’s departure. These provisions do not, however, require the employer to provide the domestic worker being sent abroad with a written job offer or contract of employment which is enforceable in the country of destination, nor does the Government provide information on the manner in which Article 8(1) of the Convention is given effect in practice. Moreover, the report provides no information on the application of paragraphs 2 and 3 of Article 8 of the Convention. With respect to repatriation, the Government indicates that there are no provisions in Swedish regulation which specify the conditions under which migrant domestic workers are entitled to repatriation on the expiration or termination of their contract of employment. The Government adds that it is possible for the issue of repatriation entitlement to be regulated through collective agreement or for the parties to an employment relationship to address the matter in an individual employment contract. The Committee requests the Government to provide information on the measures taken to develop and implement legislation or regulations that require migrant domestic workers recruited from one country for domestic work in another receive a written job offer or contract of employment that is enforceable in the country of destination and which sets out the terms and conditions of employment contemplated in Article 7 before the migrant worker crosses national borders to take up the position offered.In addition, the Committee requests the Government to consider developing legislation, regulations or other measures to explicitly determine the conditions under which migrant domestic workers would be entitled to repatriation.

Article 9. Freedom to reach agreement on whether or not to reside in the employer’s home. Freedom to leave the household during periods of rest or leave. Possession of travel and identity documents. The Government reports that the employer and worker are free to negotiate and decide on accommodation for the domestic worker in the employer’s household. It adds that domestic workers are not required to remain in the household during their periods of daily and weekly rest or annual leave. The Government does not provide information, however, on whether and how the domestic worker is free to reach an agreement on whether or not to reside in the employer’s household. The Committee considers that, in light of the frequent power imbalance that exists between employer and worker in the domestic work relationship, particularly in the case of migrant domestic workers, it could be problematic to leave this right up to a negotiation between the parties, as the domestic worker may not feel free to decide to live away from the employer’s premises should the employer express a preference for a live-in domestic worker. The Government does not provide information on the manner in which it is ensured that domestic workers who reside in the employer’s household are not obliged to remain in the household or with members of the household during periods of daily or weekly rest or annual leave (Article 9 (b)). With respect to domestic workers’ right to keep their travel and identity documents in their possession (Article 9 (c)), the Government indicates that the Swedish Criminal Code contains provisions for the protection of personal property, which include travel and identity documents. The Committee requests the Government to provide additional detailed information on measures taken or envisaged to give full effect to this Article of the Convention in practice, taking account of the particular characteristics of domestic work.

Article 10. Equal treatment in relation to normal hours of work, overtime, rest periods and paid annual leave. Paid weekly rest. Standby hours. The Government indicates that, according to Swedish law, domestic workers are treated as other workers generally, and are covered by labour legislation in the areas covered by the Convention. With respect to working hours, the Domestic Work Act is applied to those employees who are employed in the employer’s household. Section 2 of the Act stipulates that regular working hours may not exceed 40 hours per week, which is the same maximum set by the Working Hours Act for other employees generally. The Committee nevertheless notes that the Domestic Work Act gives the employer added flexibility in arranging the working hours of the domestic worker. Section 2 of the Act provides that where the work involves the care of children or other members of the household who are unable to care for themselves, the domestic worker’s regular working hours may be extended if the members of the household responsible for providing care are unable to provide the care required. This provision allows for the extension of hours up to a maximum of 12 hours per week on average over a period of four weeks. With respect to overtime, section 5 of the Domestic Work Act provides that the agreement between domestic workers and employers governs the worker’s obligation to work overtime hours. The Act stipulates that, when there are special reasons, overtime may be worked for a maximum of 48 hours over a 4-week period, but may not exceed 300 hours in a calendar year. Nevertheless, domestic workers may be obligated to work overtime where this is “unavoidably necessary due to an accident or acute illness or other such unforeseeable circumstance”, unless he or she has a valid reason for not doing so (section 5). Section 7 stipulates that domestic workers are entitled to “special compensation” for overtime, but does not specify the elements of this compensation. Such compensation must be paid in money or, if the parties agree, in the form of leave granted during regular working hours. Section 7 indicates only that where overtime is compensated by leave, the amount of leave must correspond to what can be considered reasonable in view of the nature of the overtime work. The Committee notes that both the Working Hours Act and the Domestic Work Act provide for workers to be granted at least 36 hours of weekly rest which should, if possible, be taken on weekends. The Committee considers that this provision is fully compatible with Article 10(2). The Government provides no information on whether or in what manner standby or on-call hours are treated as hours of work as contemplated by Article 10 (3) of the Convention. The Committee requests the Government to provide additional detailed information on the manner in which overtime compensation is regulated in the domestic work sector, including by regulation, collective agreements or other measures, and indicating current wage rates for normal working hours, as well as rates of overtime compensation in the domestic work sector. It also requests the Government to provide copies of collective agreements for the domestic sector that are relevant to the application of this Article of the Convention, if these exist. With respect to the employer’s ability to arrange and extend working hours pursuant to section 2 of the Domestic Work Act of 1970, the Committee requests the Government to provide information on the measures taken or envisaged to ensure that domestic workers enjoy equal treatment with other workers generally in terms of normal hours of work and overtime compensation for any hours worked in excess of normal hours of work. In addition, the Committee requests the Government to provide information with respect to the treatment of standby or on call hours, during which domestic workers are not free to dispose of their time as they please and instead remain at the disposal of the household in the event that their services are required, indicating whether standby hours are calculated as hours of work.

Articles 11 and 12. Minimum Wage. Methods of Payment. The Committee notes the Government’s indication that there is no statutory minimum wage in Sweden. It adds that under the Swedish model, the social partners are responsible for determining wages. Protection against wage discrimination, including against wage discrimination based on sex, is contained in the Discrimination Act. The Government adds that the employer and the employee always have the possibility to agree to a certain payment as long as the agreement does not contravene any existing collective agreements. With regard to methods of payment, the Committee notes that section 6 (c) of the Employment Protection Act requires the domestic employer to provide written information to the employee in respect of all terms and conditions of employment that are essential to the employment contract no later than one month after the employee commences work. According to section 6(c)(4) of the Act, the information provided by the employer must include the worker’s starting salary, other salary benefits and specify how often the salary is to be paid. The Government indicates that, according to national jurisprudence, wages due must be paid to the employee without delay. The Committee notes that the Government provides no information with respect to the intervals at which domestic workers must be paid, nor does it provide information with respect to whether or to what extent a domestic worker may be paid in-kind. The Committee requests the Government to provide additional information regarding the minimum wage rates in Sweden for domestic work, as well as information on any measures taken or envisaged to protect domestic workers against any form of wage discrimination, including discrimination based on sex. It also requests the Government to provide information on the manner in which it is ensured that domestic workers are paid directly in cash and at regular intervals of at least once a month, as required by Article 12(1) of the Convention. The Committee further requests the Government to indicate whether payment may be made by bank transfer, bank cheque, postal cheque, money order or other lawful means of monetary payment, with the consent of the worker concerned. Lastly, the Committee requests the Government to indicate the manner in which effect is given to Article 12(2) of the Convention concerning payments in kind.

Article 13. Occupational safety and health. The Government indicates that the Work Environment Act applies to work performed in the employer’s household and is based on collaboration between domestic workers and employers. The Committee notes, however, that the Work Environment Act applies to workplaces where five or more employees are regularly employed. The Act does therefore not appear to apply to the situation of domestic workers, who frequently work alone in private households. The Committee further notes that the Domestic Work Act does not address the domestic worker’s right to a safe and healthy working environment. Recalling the right to a safe and healthy working environment constitutes a fundamental right at work,the Committee requests the Government to provide additional information on the manner in which effect is given to Article 13 of the Convention, particularly with respect to effective measures taken with due regard for the specific characteristics of domestic work, to ensure the occupational safety and health of all domestic workers.

Article 14. Social protection. The Government indicates that the social insurance system as well as the parental leave legislation in Sweden applies to all domestic workers, regardless of whether or not they work in the employer’s household. It expresses the view that domestic workers are treated equally with other workers within the framework of the applicable social security laws. The Committee duly notes this information and requests the Government to provide detailed, concrete information on measures taken, with due regard for the specific characteristics of domestic work, to ensure that domestic workers, including migrant domestic workers, enjoy conditions that are not less favourable than those of other workers generally, in terms of social security protection, including with respect to maternity and healthcare.

Article 15. Private employment agencies. The Government indicates that the Act on private employment services (1993:440) prohibits private employment agencies from charging jobseekers, including domestic workers, for their services. It adds that the offences in the Swedish Criminal Code are of general application and provide protection for all persons who are exposed to crimes. With respect to temporary agency work, the Committee notes the Agency Work Act (2012: 854), which provides that a temporary work agency is required to guarantee the worker assigned to a user undertaking (whether this is an individual or an enterprise) at least the same basic working and employment conditions as would apply if they had been recruited directly by that undertaking to carry out the same job (section 6). In addition, section 10 of the Act prohibits the temporary work agency from charging any remuneration to a worker in exchange for its services. The Committee notes that, with the exception of the prohibition against fee-charging, the Government provides no information on the manner in which the provisions of Article 15 of the Convention are given effect to regulate the activities of private employment agencies and protect domestic workers from abuse and fraudulent practices. The Committee therefore requests the Government to provide detailed information on the manner in which the provisions of Article 15 of the Convention are applied in both law and practice. With respect to the application of Article 15(2), the Committee requests the Government to provide information on any consultations held with the most representative employers’ and workers’ organizations and organizations representative of domestic workers and their employers, where these exist, in giving effect to each of the provisions contained in Article 15(a) through (e).

Article 16. Access to justice. The Government reports that with respect to access to courts, tribunals and other dispute resolution mechanisms, Swedish legislation makes no distinction between categories of employees. Domestic workers therefore have the same rights as any other jobseeker or employee in Sweden. The Committee requests the Government to provide additional concrete information on measures taken or envisaged to ensure that domestic workers enjoy effective access to courts, tribunals and other dispute resolution mechanisms, including any specific measures aimed at ensuring that complaint procedures are affordable, easily accessible and understandable for all domestic workers, including migrant domestic workers. The Committee also requests the Government to provide information concerning judicial decisions issued that are relevant to the provisions of the Convention, including copies or extracts from any such decisions.

Article 17. Complaints mechanisms. Labour inspection. The Government indicates that the Swedish Work Environment Authority supervises the implementation of the Domestic Work Act, the Work Environment Act, and the Working Hours Act, including through inspections. The Authority has inspectors in five regions across the country who verify whether employers comply with the requirements of the Work Environment Act and other relevant provisions. If the work environment does not comply with these requirements, the inspector may impose fines, a penalty, or other sanctions. The Committee notes the Government’s indication that if the work is performed in a household, the Work Environment Authority visits shall only take place at the request of the employer or worker concerned, or if there are other special reasons for the Authority to conduct an inspection at the workplace. The Committee nevertheless notes the Government’s indication that, according to information from the Swedish Work Environment Authority, there were no inspections in households where domestic work was performed during the period from 2019 to 2020, nor does the Government provide any information concerning domestic work inspections that may have taken place after 2020. The Committee therefore requests the Government to provide information on action taken to develop and implement measures for labour inspection, enforcement and penalties with due regard for the special characteristics of domestic work, including capacity-building for labour inspectors in the area of domestic work and awareness-raising campaigns to inform domestic workers and their employers of their rights and obligations and provide them with guidance on complaints mechanisms and procedures. The Committee also requests the Government to provide detailed updated information on the number of inspections carried out during the reporting period in the domestic work sector, the types of violations detected, if any, the outcomes of such inspections and any sanctions imposed.