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Employment Promotion and Protection against Unemployment Convention, 1988 (No. 168) - Sweden (RATIFICATION: 1990)

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In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on social security, the Committee considers it appropriate to examine Conventions Nos 102 (social security, minimum standards), 121 (employment injury benefits), 128 (invalidity, old-age and survivors’ benefits), 130 (medical care and sickness benefits) and 168 (employment promotion and protection against unemployment) together.

The Committee notes the observations of the Swedish Confederation for Professional Employees (TCO) communicated with the Government’s report on Convention No. 130.

The Committee takes note of the information provided by the Government regarding the application of Articles 8, 10(1)(3), 14, 15, 24(4), 43, 69 and 71(3) of Convention No. 102; Articles 6, 9(1)(2), 10, 11, 16 and 22 of Convention No. 121; Articles 18, 23, 29 and 32 of Convention No. 128; Articles 7, 9, 13, 19, 28 and 30 of Convention No. 130; and Articles 18 and 26 of Convention No. 168.

Article 9(3), in conjunction with Articles 14(2) and 22 of Convention No. 121. Duration of employment injury benefits. The Committee takes note of the Government’s indication in its report that the work injury annuity is provided up to the age of 65 at the latest, or one month before reaching the age of 68 if a person continues to work. The Committee recalls that Article 9(3) of the Convention requires the benefits to be granted throughout the contingency. The Committee further recalls that Article 22 of the Convention does not provide for the possibility to suspend the benefits upon reaching a certain age. The Committee requests the Government to provide information on: (i) the benefits provided to injured persons after they have reached the age of 65 and stopped working; (ii) whether these benefits are paid at the level required by Article 14(2) of the Convention; and (iii) whether there are any qualifying conditions for the entitlement to such benefits.

Article 19(2) of Convention No. 121. Calculation of employment injury benefits. The Committee takes note that the amount of the work injury annuity is determined based on the sickness benefit qualifying income (SGI). The Committee further notes that the SGI is considered as an income from employment which is expected to last for at least six consecutive months, according to section 3(2) of Chapter 25 of the Social Security Code of 2010. The Committee requests the Government to provide information on how the SGI is determined for persons with employment shorter than six months in case of permanent loss of earning capacity or corresponding loss of faculty due to employment injury.

Article 15(3), in conjunction withArticles 17(a), 18(1)(a) and 26 of Convention No. 128. Reduction of pensionable age. The Committee notes the Government’s indication that there are no specific provisions concerning the retirement age of persons who have been engaged in arduous and hazardous occupations under the public pension system. The Committee further notes that the retirement age for the old-age income pension is flexible and starts at the age of 63 in 2023 (section 3 of Chapter 56 of the Social Insurance Code of 2010). The Government also indicates that from 2026, the retirement age will be linked to the increase in life expectancy. The Committee requests the Government to indicate the replacement rate of the old-age income pension drawn at the earliest retirement age, by a skilled manual male employee who has completed 30 years of contribution or employment, in accordance with Titles I and III of the report form for Article 26 of the Convention.

Article 23(a), in conjunction with Articles 24(1)(a) and 26 of Convention No. 128. Replacement rate of survivors’ benefits. The Committee notes the Government’s indication that the adjustment pension provided to a surviving spouse is 55 per cent of the deceased’s pension base. In addition, the reduced guarantee pension is provided to persons who have resided in Sweden for at least three years. The Government further indicates that the child pension is equal to 35 per cent of the deceased’s pension base for one child and increases by 25 per cent for each additional child. The child pension may be supplemented by the surviving children’s allowance of 40 per cent of the price base amount in case the child pension is low. The Committee requests the Government to calculate the replacement rate of survivors’ benefits provided to a standard beneficiary (a surviving spouse with two children) in case the deceased spouse completed 15 years of contribution or employment, in accordance with Titles I and IV of the report form for Article 26 of the Convention.

Article 25, in conjunction with Articles 1(h) and 21 of Convention No. 128. Duration of survivors’ benefits. The Committee notes the Government’s indication that the adjustment pension is provided to a surviving spouse aged under 65 for a period of 12 months, or as long as the surviving spouse lives with a dependent child aged under 12. The Committee recalls that the right to a survivors’ benefit is provided to surviving spouses who are caring for a dependent child of the deceased (Article 21(2)(3)(b) of the Convention). According to Article 1(h) of the Convention, the term “child” covers a child under school-leaving age or under 15 years of age, whichever is higher or a child who is an apprentice or student or has a chronic illness or infirmity disabling him/her for any gainful activity, under prescribed conditions. The Committee requests the Government to provide information on the measures taken to extend the duration of the adjustment pension provided to a surviving spouse who is caring for a dependent child older than 12 years of age.

Article 15 of Convention No. 102 and Article 19 of Convention No. 130. Coverage of the self-employed. The Committee notes the Government’s indication that the conditions for entitlement to sickness benefits are the same for self-employed persons and employees. The Committee further notes the TCO’s observations indicating that the entitlement to sickness benefits and their amount depend on the verification of the SGI by the National insurance board. In this respect, the TCO points out that such verification is particularly problematic for self-employed persons, whose SGI is often much lower than their actual income. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that self-employed persons are entitled to benefits based on the SGI determined from their actual income.

Article 11(1) of Convention No. 168. Persons protected by unemployment benefits. The Committee notes that in its 2022 conclusions on the application of the European Code of Social Security by Sweden, it noted as regards the income-loss insurance coverage that 78 per cent of the work force held membership in the unemployment insurance funds. The Committee requests the Government to provide information on the measures taken or envisaged with a view to increasing the income-loss insurance coverage up to at least 85 per cent of all employees. It further requests the Government to provide statistical data on the number of persons covered by the income-loss insurance.

Article 15 (1)(b) of Convention No. 168.Replacement rate of unemployment benefits. The Government indicates that a daily basic amount of unemployment benefit is SEK510 (approximately €43) in 2023. The Committee requests the Government to indicate whether the basic amount of the unemployment benefit is fixed at not less than 50 per cent of the statutory minimum wage, if it exists, or of the wage of an ordinary labourer, or at a level which provides the minimum essential for basic living expenses, whichever is the highest.

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The Committee has examined the reports on the abovementioned Conventions received in 2016, as well as the 50th annual report on the application of the European Code of Social Security received in 2017 and the Consolidated report (CR) on the application of the Code and certain ILO social security Conventions ratified by Sweden (Conventions Nos 12, 102, 121, 128, 130, 168) for the period 2006–16. The Committee has also taken note of the observations submitted in August 2016 by the Swedish Trade Union Confederation (LO), the Swedish Confederation for Professional Employees (TCO), and the Swedish Confederation of Professional Associations (SACO) concerning the application of Conventions Nos 102 and 130.

Part II of the CR (Medical care). Articles 8 and 69 of Convention No. 102 and Article 7(a) of Convention No. 130. Contingencies covered. The Committee requests the Government to confirm that medical care includes preventive care, is provided for “any morbid condition, whatever its cause”, and is not limited to emergency care only in certain cases such as, for example, in cases of attempted suicide, intoxication by alcohol or drugs, participation in a fight, etc.

Article 10(1) of Convention No. 102 and Article 13 of Convention No. 130. Types of medical care. The Committee requests the Government to indicate what types of medical care are covered by the public health insurance, in particular with respect to domiciliary visiting, dental care, medical rehabilitation, supply, maintenance and renewal of prosthetic and orthopaedic appliances, and specify how the list of “the essential pharmaceutical supplies” is established in Sweden.

Article 10(3) of Convention No. 102; Article 9 of Convention No. 130. Objectives of medical care. The Committee requests the Government to state how the objectives of medical care are defined.

Part III of the CR (Sickness benefit). Article 14 of Convention No. 102; Article 7(b) of Convention No. 130. Contingency covered. The Committee requests the Government to indicate the definition of “sickness” and “capacity to work” established in the national legislation.

Article 15 of Convention No. 102; Article 19 of Convention No. 130. Coverage of the self-employed. The Committee notes that persons protected under Convention No. 102 are defined by reference to its Article 15(b), which covers classes of the economically active population, including self-employed. The Committee requests the Government to provide information on the conditions of entitlement and level of benefit of self-employed persons under the national legislation.

Article 71(3) of Convention No. 102; Article 30 of Convention No. 130. Due provision of benefits. The CR states that for the first 14 days of illness the responsibility to pay sick pay is on the employer, from the 15th day of the sickness cash benefit is paid by the Swedish Social Insurance Agency. The Committee requests the Government to indicate how the payment of sickness benefit to the beneficiary is ensured in case of the employer’s failure to pay.

Part IV of the CR (Unemployment benefit). Article 24(4) of Convention No. 102; Article 18 of Convention No. 168. Waiting period. The Committee requests the Government to indicate the measures taken or envisaged to reduce the waiting period for unemployment benefit to the first six calendar days.

Article 26 of Convention No. 168. Special provisions for new applicants for employment. The Committee requests the Government to specify what categories of new applicants for employment among those listed in Article 26(1) of Convention No. 168 are protected by the national legislation. The Committee requests the Government to indicate the nature and conditions of social benefits provided to these categories.

Part V of the CR (Old-age pension). Article 15(3) of Convention No. 128. Reduction of pensionable age. The Committee requests the Government to indicate the pensionable age established for the persons engaged in occupations deemed to be arduous or unhealthy.

Article 18 of Convention No. 128. Minimum qualifying period. The Committee requests the Government to indicate the length of the qualifying period required for obtaining the full and the reduced old-age pension benefits and confirm that, in calculating the replacement rate of the old-age benefit for the standard beneficiary (man with wife of pensionable age), the income related pension of the husband is calculated on the basis of 30 years of insurance and the guaranteed pension for the wife – on the basis of 20 years of residence.

Part VI of the CR (Employment injury benefits). Insufficient information. In its direct request of 2011 on Convention No. 121, the Committee requested the Government to include in its next report due in 2016 detailed information requested in the report form on the status of application in law and practice of the provisions of the following Articles of the Convention: 8 (list of occupational diseases); 9 (conditions of entitlement to benefits); 11 (offsetting of the cost of medical care); 14 (prescribed degrees of incapacity); 15 (lump sum compensation); 16 (helper’s allowance), 17 (review of incapacity); 22 (grounds for the suspension of benefits); and 26 (prevention, rehabilitation and placement services). The Committee observes that the report of 2016 provided clear answers on the status of application of Articles 8, 14, 15 and 16, stating that there is no list of occupational diseases, no degrees of incapacity in work injury insurance, no lump sum compensation, and no helper’s allowance in the insurance scheme. The Committee points out that such answers suggest that these Articles might not be applied in the national law and practice. The Committee also observes from the CR that the information supplied by Sweden since 2006 with respect to employment injury benefits is insufficient to conclude on the application of a number of other provisions of the Convention mentioned below. This concerns in particular medical care and sickness benefit, which are provided in case of employment injury not by the work injury insurance but by other insurance schemes having different conditions of entitlement, on which the required information is also lacking in the reports on Convention No. 130. The Committee notes in this respect that the LO, the TCO and the SACO point out in their observations concerning Convention No. 118 that an EU citizen who plans to work in Sweden for less than one year has difficulty gaining access to health care in Sweden, and that a governmental investigation is currently analysing the Swedish legislation’s coherence with international standards. In view of the insufficient information available, the Committee requests the Government to indicate in detail the manner in which effect is given to all Articles of Convention No. 121.

Reform of the work injury insurance. The TCO points out in its observation that work injury insurance has become increasingly under debate and the inquiry has been launched for a more equal and legally secure occupational injury insurance (dir. 2016: 9), but the Government’s report does not contain any account of the application of the existing legislation in practice. In this respect, the SACO and the TCO highlight a dramatic decrease in the number of approved life annuities by the Swedish Social Insurance Authority from 7,375 in 2008 to 2,009 cases in 2015, which cannot be explained by a better working environment and a healthier population. The TCO also points out that the requirement to prove that the reduction in the working capacity is expected to last at least one year for being entitled to insurance compensation, effectively means that many victims of employment injuries stand without compensation. In this respect the Government’s report of 2016 states that annuity can be granted if the incapacity for work is deemed to be lasting a year or more and is reduced by one fifteenth. The Committee requests the Government to reply in detail to the observations made by the trade unions. The Committee requests the Government to describe the objectives and the findings of the abovementioned inquiry for a more equal and legally secure occupational injury insurance and add a general appreciation of the manner in which Convention No. 121 is applied in Sweden, including for instance extracts from official reports as well as information concerning the practical difficulties encountered in the application of the Convention, in accordance with Part V of the report form.

Article 6 of Convention No. 121. Contingency covered. The Committee requests the Government to explain how the work injury insurance compensates the loss of income in cases where the working capacity is reduced by less than one quarter.

Article 9(1)(2) of Convention No. 121. Qualifying period. The Committee requests the Government to confirm that there is no qualifying period for entitlement to each benefit provided in case of employment injury. In this connection, the Committee notes from the observations made by the TCO that according to existing legislation only incomes that are predicted to last at least six months may be included in the calculation of sickness benefits. According to the TCO, this effectively means that employees with employment shorter than six months are not eligible for sickness benefits. The Committee asks the Government to explain how employees with employment shorter than six months are protected against incapacity for work resulting from employment injury.

Article 9(3) of Convention No. 121. Duration of benefit. The Committee requests the Government to confirm that employment injury benefit is paid throughout the contingency and to indicate whether there is a waiting period in respect of incapacity for work.

Article 10 of Convention No. 121. Medical care and allied benefits. The Committee requests the Government to confirm that medical care includes in particular types of care specified in points (c)(e)(f)(g) of Article 10.

Articles 11 and 16 of Convention No. 121. Cost-sharing and avoidance of hardship. According to the CR, the same rules of cost-sharing are applied regardless if there has been a work injury or not. The Committee requests the Government to demonstrate that the rules of cost sharing applied under the general health insurance scheme would not cause hardship for the standard beneficiary (a family of four persons) in case of a long term hospitalization and medical rehabilitation after a severe employment injury requiring the constant help of another person over the period of one year.

Part VII of the CR (Family benefit). Article 43 of Convention No. 102. Length of the qualifying period. According to the CR, all children residing in Sweden are covered by the child allowance. The Committee requests the Government to confirm that a child ordinarily residing in Sweden for six months will be automatically entitled to the child allowance.

Part IX of the CR (Invalidity benefits). In its reports, the Government refers to two benefits paid in the event of incapacity for work: the activity compensation paid for a maximum of three years during the period of incapacity from 19 to 29 years of age, and the income-related sickness compensation paid until the achievement of pension age during the period of incapacity from 30 to 64 years. The Committee requests the Government to confirm that Part IX is applied to these two benefits, which together constitute Invalidity benefit in terms of Part IX, and demonstrate how they complement each other to ensure protection throughout the contingency in case full invalidity has been acquired at the age of 25 years.

Part X of the CR (Survivors’ benefit) Article 23 of Convention No. 128. Calculation of benefit. The Committee notes that the calculation of the survivors’ benefit is done on the basis of the adjustment pension and the child pension. The Committee requests the Government to explain the rules of calculation of these two benefits and provide calculations in case the breadwinner had completed only 15 years of insurance.

Part XI of the CR (Standards to be complied with by periodical payments). Article 29 of Convention No. 128. Adjustment of the old-age, invalidity and survivors’ benefits to the cost of living. The Committee requests the Government to provide statistics requested in the report form under this Article for the period 2011–17 and explain the Government’s policy in this regard.

Part XIII of the CR (Common provisions). Article 69 of Convention No. 102; Article 22 of Convention No. 121; Article 32 of Convention No. 128; Article 28 of Convention No. 130. Suspension of benefit. The Committee requests the Government to indicate how these provisions are applied in national law and practice with regard to medical care, sickness benefit, old-age benefit, employment injury benefit, family benefit, maternity benefit, invalidity benefit, and survivors’ benefit. Recalling that sickness, invalidity and unemployment benefit schemes are subjected to the common labour market activation rules with a view to increasing the employment rate, the Committee requests the Government to explain the regime of sanctions applied in cases of refusal to participate in prescribed activation measures.

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Article 10(3) of the Convention. Part-time work. In its previous comments, the Committee referred to observations received from the Swedish Confederation for Professional Employees (TCO) and the Swedish Confederation of Professional Associations (SACO) criticizing the reform of 2008, which reduced the entitlement to unemployment benefits for unemployed persons who agreed to work part time, to 75 days, while continuing to grant fully unemployed persons 300 days of benefits. The Committee asked the Government to reconsider the reform in the light of the social rationale of the Convention and its objective to promote employment, including part-time, by means of social security benefits. The Committee notes that the Government indicates that it is aware of the importance of providing support for part-time workers who seek full-time employment in this respect. The Committee notes with satisfaction, from the 50th annual report on the application by Sweden of the European Code of Social Security, that, from 15 May 2017, the provisions about part-time work have been changed: a person who performs or declares part-time work will, from this date on, be paid unemployment benefit for a total maximum of 60 weeks in a benefit period.

The Committee is raising other matters in a request addressed directly to the Government.

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Article 3 of the Convention. Consultations and cooperation with organizations of employers and workers. The Committee notes that a number of measures have been taken during the reporting period such as, for example, legislation to promote employment for refugees and new provisions on unemployment benefits for part-time workers (1 January 2009 and 5 July 2010) and self-employed persons (5 July 2010). In this connection, the Committee would like the Government to describe the manner in which the consultation and cooperation with the employers’ and workers’ organizations called for in Article 3 are ensured when implementing the provisions of the Convention in Sweden.

Article 8(1). Employment promotion. The Committee notes that, since 1 December 2010, legislation has been adopted to promote the employment of refugees, and other persons in need of protection who hold a residence permit, and their family members who have applied for a residence permit within two years. The Committee would like the Government to specify whether special programmes exist for other identified categories of disadvantaged persons, such as those listed in Article 8(1) of the Convention, having or liable to have difficulties in finding lasting employment and, if this is the case, it invites the Government to describe these special programmes.

Article 10(3). Part-time work. In a message received on 26 September 2008, the Swedish Confederation of Professional Employees (TCO) and the Swedish Confederation of Professional Associations (SACO) state that the description given by the Government on the restriction on the number of days that unemployment benefits can be paid in the event of partial unemployment as a means to prevent people from being trapped in part-time employment, does not give the right picture. This reform puts all the responsibility and all the costs of part-time unemployment on the individual worker, while it should be the employers’ responsibility to offer full-time work to those who wish to work full time. The Committee understands that unemployment benefits for persons who previously worked full time and who are looking for a full-time job but who were only able to find part-time work, have been reduced from 300 to 75 days on 7 April 2008, while in case the person remains fully unemployed, the period during which unemployment benefits are paid remain unchanged (maximum 300 days or 450 days for beneficiaries with a child under the age of 18). The person working part time may, after the expiry of these 75 days, either choose to continue working part time without receiving unemployment benefits or may resign from the part-time work and, if certain conditions are met, obtain unemployment benefits based on the income received from the part-time work for the remaining 225 days. The resignation from a part-time job after 75 days shall not be considered a reason to suspend unemployment benefits as it is the case for persons that left their full-time job without valid cause. According to the Government, its decision to reduce unemployment benefits from 300 to 75 days was aimed to encourage part-time workers to get full-time work. The Committee considers however that this decision may seriously undermine the incentives for the fully unemployed persons to take up part-time employment instead of remaining on full unemployment benefit. “Rewarding” unemployed persons for taking up part-time work by depriving them of the right to the full amount and duration of unemployment benefit which they have acquired in their previous employment would go against the logic of the Convention, which aims at offering additional protection against unemployment for part-time workers without reducing the level of protection guaranteed to full-time workers. The Committee wishes to refer in this regard to Paragraph 15 of Recommendation No. 176 which clearly states that, if an unemployed person has agreed to accept part-time work in the circumstances covered in Article 10(3) of the Convention, the level and duration of the unemployment benefit paid at the end of such employment should not be adversely affected by the earnings of the unemployed person from that employment. The Committee would like the Government to reconsider the situation in the light of the above social rational of the Convention and its objective to promote employment, including part-time, by means of social security benefits, detaching itself from the purely financial objective of seeking immediate cuts in the overall cost of unemployment protection.

Article 11. Persons protected. The Government states that it is difficult to estimate how many persons are actually covered by the income-related unemployment insurance since there is a lack of statistics on the membership of the unemployment insurance funds and estimates that about 3.4 million persons are members, assuming they are all entitled to benefits in the event of unemployment; and that there are about 1.3 million persons in the basic unemployment insurance, which covers persons that are not members of an unemployment insurance fund. In a letter dated 28 September 2011, the Ministry of Employment transmits a comment on these figures from the Swedish Confederation of Professional Associations (SACO) stating that the number of 4.7 million persons covered by unemployment insurance compared to the 4.9 million persons of the Swedish workforce, is exaggerated since not all members of the unemployment insurance qualify for benefits. SACO observes that there is a problem in Sweden since the proportion of the unemployed that are entitled to benefits is falling and refers to a 2009 Report of the Swedish Unemployment Board (IAF) “Job seekers with and without unemployment benefits”, according to which in 2008, the proportion was 55 per cent, and this downward trend has continued according to the Swedish Fiscal Policy Council Report of 2010 (p. 275). According to SACO, this reduction is due to the fact that students are not anymore eligible for benefits and benefits for part-time unemployed persons have been limited and benefits for full-time unemployed persons have been limited to maximum 300 days. In its 43rd report on the European Code of Social Security in 2010, the Government reported the substantial drop in the number of members of the unemployment insurance funds and the extensive efforts it was taking to help stimulate the number of new applications for admission to the funds not only from previous members who have resigned from membership, but also from individuals who have never applied for membership. In particular, throughout 2009, conditions for membership in unemployment insurance funds have been eased and each month of membership was counted double. The Committee invites the Government to reply to the comments of the SACO and to assess the effectiveness of the measures taken to increase membership of unemployment insurance funds.

Article 18. Waiting period. The Committee notes that since 7 July 2008, the waiting period to receive unemployment benefits has been increased from five to seven days. The Committee notes that seven days correspond to seven working days which means that the waiting period would correspond to nine calendar days (sections 20 and 21 of the Unemployment Insurance Act). The Committee would like the Government to indicate the measures it intends to take to bring national legislation into conformity with the Convention which limits the waiting period to a maximum of seven calendar days.

Article 21. Suitable employment. Since 2 July 2007 the possibility for jobseekers, during the first 100 days of benefit, to limit the search for work within their profession and vicinity was abolished and jobseekers must be prepared to accept any suitable work. According to the information provided by the Government in its report of 2008, the kind of work a jobseeker must seek and accept, and the limitations applicable thereto are specified in the regulations on suitable work (IAFFS 2004:3) issued by the Swedish Unemployment Insurance Board, which entered into force on 1 September 2004. It appears that jobseekers, after 100 days on unemployment benefit, must accept any suitable job even if it was outside their previous profession and training. If a jobseeker rejects an offer of suitable work without acceptable reasons, the daily unemployment benefit will be reduced for the first refusal by 25 per cent for the period of 40 days of compensation and for the second refusal by 50 per cent for the next 40 days; in case of the third refusal the entitlement to the benefit is terminated. In determining the suitability of the work offered on such conditions reasonable consideration is given to the applicant’s capacity for the work and other personal circumstances, such as age, health and local family ties. No additional information was provided on these new developments in the 2011 report of the Government. The Committee observes that the above changes might devoid the concept of “suitable employment”, on which the Convention is based, of its role of protecting the professional and social status of jobseekers during the prescribed initial period of unemployment.

As regards the situation in law, the Committee notes that, according to section 3 of the Swedish Unemployment Insurance Board’s Regulations on the application of section 11 of the Unemployment Insurance Act (1997:238) regarding suitable work, IAFFS 2004:3, as amended, the applicant must apply for and accept available and suitable work. An assessment of what may be deemed to constitute work that is suitable for the applicant shall be made taking into consideration the supply of job opportunities throughout the entire labour market. The Unemployment Insurance Board’s Annotations on section 11 of the Unemployment Insurance Act specify that unemployment insurance is not an insurance of one’s profession. This means that the applicant may not limit the search for work within their profession or education. What is deemed to be suitable work shall be assessed in the light of the labour market supply of vacant jobs and demand for labour. While the applicant’s experience shall be taken into account so as to avoid unnecessary changes of occupation, section 7 of the Regulations stipulates that an offer of work or directed work that does not correspond to the applicant’s training and occupational experience is not unsuitable for that reason alone, and section 8 makes it clear that, if the employer considers that the applicant’s qualifications are sufficient and wishes to employ him or her, the work shall be deemed to be suitable even if the applicant makes another assessment of his or her knowledge and skills. The Committee observes that the above provisions have the effect of depriving the worker of the possibility of protecting his education, professional skills and experience during the initial period of unemployment limited by Article 19(2) of the Convention to 26 weeks. They also formally relieve the Swedish Public Employment Service (PES) of its responsibility under Part II of the Convention to assist unemployed persons to obtain new work which is suitable to their professional qualifications through directing its efforts to maintaining and improving the professional quality of the labour force. The Committee wishes to stress that the concept of suitable employment works as a guarantee against the deregulation of the labour market to the point when it will compel jobseekers to accept any unsuitable job, as well as against the reduction of the role of the PES to act only as a labour supply agency satisfying the demands of the employers irrespective of the jobseekers’ own assessment of their professional and social status.

When it comes to the practical application of the above legal rules, the Government’s report explains that the PES official and the jobseeker discuss what constitutes a suitable job, so as to be able, within 30 days of the start of unemployment, to draw up an action plan that identifies the fastest and best way of finding a new job for the unemployed person. In this action plan, the jobseeker can specify an interest in different fields of work within a geographical area. After a discussion with the jobseeker, the PES makes an assessment of the jobs that are suitable based on the jobseeker’s experience and training. An instruction from the PES to the jobseeker to take up a suitable job is issued if the job in question is compatible with the jobseeker’s skills. While noting that these practices satisfy the requirements of the Convention, the Committee observes the existence in Sweden of the mismatch between law and practice, where the law has been changed to formally abolish the protection of the jobseekers’ professional qualification, while the PES continues to base its job offers on matching them to the jobseeker’s actual experience and training. As regards the situation in practice, the Government gives examples of determining the suitability of employment by the Public Employment Service and expresses the opinion that the applicant’s opportunity to protect his/her education, working skills and working experience during the initial period of unemployment is met through the existing arrangements. In order to make this opportunity clear also from the legal point of view, the Committee asks the Government to inform the Public Employment Service of the international obligation assumed by Sweden under Article 21(2) of the Convention, to determine the suitability of employment by taking into account to an appropriate extent, alongside the labour market situation, the applicants’ acquired experience and length of service in their former occupation. The Committee would also like to request the Government to provide statistical information on the number of persons whose unemployment benefits have been reduced or suspended according to section 45(a) of the Unemployment Insurance Act.

Article 25. Adjustment of social security schemes to part-time workers. Since 1 January 2009, unemployment benefits are also being paid to part-time workers who have been granted unpaid leave in order to perform other work at an equal or higher rate, provided that the positions cannot be combined. Also, as of 5 July 2010, a new regulation was introduced which codifies a practice of the Unemployment Insurance Funds that entitles workers to unemployment benefits when they combine part-time work for at least 17 hours per week with self employment for a maximum of ten hours per week. The Committee would like the Government to indicate the period during which unemployment benefits shall be paid in these cases.

Article 27. Complaints and appeals procedures. In its 2008 report, the Government provided information on the applicable procedures in the Unemployment Insurance Funds. The Committee would be grateful if the Government would provide information about the procedures available to persons who are covered by the basic unemployment insurance.

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Article 15, paragraph 1(a), of the Convention. The report states that the daily unemployment benefit payable by the income loss insurance depends on the beneficiary’s earnings prior to unemployment, subject to a maximum of SEK680 per day (SEK730 per day during the first 100 days) and a minimum of SEK320 per day. Unemployment benefit is paid for five days per week and is taxable. The Committee notes that the earnings-related unemployment benefit in Sweden is subjected to both types of limitation permitted under Article 15(1)(a) of the Convention as to the maximum for the amount of the benefit itself, as well as for the earnings taken into account for the calculation of the amount of the benefit. It recalls in this respect that the said maximums should be related, for example, to the wage of a skilled manual employee so as to ensure that the replacement level of the benefit attains at least 50 per cent of previous earnings for this category of workers. In order to assess that this is indeed the case, the Committee would like the Government to indicate the maximum amounts of previous earnings taken into account for the calculation of the level of daily unemployment benefit in relation to the wage of a skilled manual employee. It observes that, calculated on a monthly basis, the maximum amount of the unemployment benefit itself is fixed much below the monthly earnings of a skilled manual employee (SEK22,840 in 2006) given by the Government in its latest report on Convention No. 102. It therefore asks the Government to calculate on a monthly basis the real replacement level of the earnings-related unemployment benefit paid to a skilled manual employee after 100 days of compensation, taking into account the provisions of Article 15(3) of the Convention, if appropriate. Please indicate also cases in which the income loss insurance pays out only the minimum benefit of SEK320 per day.

Article 15, paragraph 1(b). According to the report, unemployment benefits in the obligatory basic insurance are paid at a basic rate of SEK320 per day. Please indicate whether this basic rate attains the level prescribed by the Convention in respect of benefits which are not based on contributions or previous earnings.

Article 20(b), (c) and (e). The report indicates that the entitlement to benefit shall be suspended if the applicant has left work without valid cause or owing to improper conduct, or denied if the applicant deliberately or by gross negligence has provided incorrect or misleading information concerning his or her entitlement. Taking into account numerous amendments of the legislation during the period covered by the report (1998–2006), the Committee would like the Government to indicate any changes that might have occurred in the definitions of the abovementioned concepts of “valid cause”, “improper conduct” and “gross negligence”, in the light of the corresponding provisions of this Article of the Convention.

Article 21 of the Convention (in relation to Article 19, paragraph 3). The report indicates that the daily unemployment benefit will be reduced if an applicant has rejected an offer of suitable work without acceptable reasons. For the first refusal, the benefit is reduced by 25 per cent for the period of 40 days of compensation; for the second refusal, the reduction will amount to 50 per cent for the next 40 days; and in case of the third refusal, the entitlement to the benefit is terminated. In determining the suitability of the work offered on such conditions, reasonable consideration shall be given to the applicant’s capacity for the work and other personal circumstances. The kind of work a jobseeker must seek and accept and the limitations applicable thereto are further specified in the regulations on suitable work (IAFFS 2004:3) issued by the Swedish Unemployment Insurance Board, which entered into force on 1 September 2004. It appears in particular that a jobseeker, after 100 days on unemployment benefit, must accept any suitable job even if it was outside the previous profession and training of the jobseeker. The benefit being paid for five days per week, the Committee understands that 100 days of payment of unemployment benefit would correspond to the period of 20 calendar weeks. It would therefore like the Government to explain to what extent, in assessing the suitability of employment offered during the initial period of protection of not less than 26 calendar weeks prescribed in Article 19(3) of the Convention, account is taken of such criteria mentioned in its Article 21(2) as the length of service of unemployed persons in their previous occupation, their acquired experience and the current labour market situation in their place of residence. In this respect, the Committee draws the Government’s attention to the fact that, in the six weeks following the first 100 days of unemployment benefit, applying sanctions for refusal to accept a job offer which, in terms of the said criteria, could not be considered suitable might come in contradiction with the said Articles of the Convention, which aim at protecting the professional and social status of jobseekers during the prescribed period of unemployment. In order to be able to assess the practical impact of the above regulations on suitable work, the Committee would like the Government to provide detailed statistical data since their entry into force in 2004, on the number of cases in which sanctions were applied for refusal of “suitable” work offers before and after the first 100 days of compensation, as well as on the number of appeals lodged and upheld against these decisions. Please provide a copy of these regulations and of any additional guidelines for the deciding officers determining the suitability of the work offered, the limitations applicable thereto and the reasons for refusing it which might be deemed acceptable according to the established practice.

Article 26. Taking into account that the report does not contain any information on the application of this Article of the Convention for the whole period under review (1998–2006), the Committee hopes that the Government would provide such information for examination at its next session in November 2008.

[The Government is asked to reply in detail to the present comments in 2008.]

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1. With reference to its previous comments, the Committee takes note of the information supplied by the Government in its report and, in particular, that concerning the application of Article 10, paragraph 2(b), Article 15, paragraph 1, Article 19, paragraph 6, and Article 24, paragraph 1, of the Convention.

2. With respect to new developments in unemployment protection in the period covered by the report, the Government mentions the introduction, with effect from 1 July 1994, of a universal and compulsory scheme of unemployment insurance. However, as from 1 January 1995, the rules of unemployment compensation in the Unemployment Insurance Act and the Cash Labour Market Assistance Act have been mainly restored to their content before 1 July 1994. The Government indicates in this respect that the detailed description of the "reinstated" rules will be given in its next report. The Committee also notes, from the twenty-eighth annual report on the application by Sweden of the European Code of Social Security, that a commission has been set up to investigate and analyse changes necessary to reform the unemployment legislation and is due to present its report by 30 September 1996. In its twenty-ninth report, the Government further indicated that a Bill presented to Parliament contains a number of measures aimed at reducing the number of unemployed persons by half by the year 2000, including, inter alia, general economic and fiscal policy measures, social policy measures, as well as a proposal for an extended schooling programme. The Government also contemplates reinstating by 1 January 1998 the 80 per cent rate of the unemployment insurance compensation (which was previously reduced to 75 per cent). In this situation, the Committee hopes that the next report of the Government will contain detailed information on the changes made or contemplated in the unemployment protection together with the text of the relevant laws or regulations.

3. Article 10, paragraph 3. The Committee notes, from the twenty-ninth annual report on the application by Sweden of the European Code of Social Security, that, as from 1 September 1995, changes were made in the Unemployment Insurance Act, as well as in the Cash Labour Market Assistance Act, in order to circumvent the right to benefits for persons working part time. Please explain in detail the nature of these changes and supply the text of the modified provisions of the legislation.

4. Article 25. (a) The Committee notes the information supplied by the Government on the situation of part-time workers under the statutory social security scheme.

(b) In its previous comments the Committee asked the Government to indicate the number of part-time workers who, by working less than 17 hours per week, were excluded, under section 47(3) of the Unemployment Insurance Act, from the unemployment insurance benefits. In reply, the Government provides statistics on the number of part-time workers working "short part time", that is 1-19 hours per week, who represent 19 per cent of all part-time workers, a percentage which appears to the Committee to be relatively high. The Committee would like the Government to specify whether the minimum number of working hours per week necessary for membership in the unemployment insurance funds has now been increased from 17 to 19 hours per week and, if so, to indicate the reasons for this decision. Please also continue to supply statistics on part-time workers who are excluded from the scope of the unemployment insurance.

5. Article 26. Further to its previous comments, the Committee notes, from the twenty-ninth annual report on the application by Sweden of the European Code of Social Security, that, as from 1 January 1996, it is no longer possible to qualify for unemployment benefits by undergoing prescribed unemployment measures and that the right to such benefit can only be established by previous employment in the open labour market. It would like the Government to explain the effect this decision might have on the situation of the new applicants for employment - in particular young persons - covered by this Article of the Convention.

6. Finally, as regards the application of Articles 3 and 7 of the Convention, the Committee would like the Government to refer to its pending comments concerning the Employment Policy Convention, 1964 (No. 122).

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The Committee has examined the first report and the legislation provided by the Government, as well as the comments made in this respect by the Swedish Confederation of Professional Employees. It would be grateful if the Government's next report would contain additional information and explanations on the following points:

Article 3 of the Convention. The Committee notes the comments made by the Swedish Confederation of Professional Employees according to which the employers' and trade union representation in the governing bodies of the National Labour Market Board and of the county labour boards was abolished with effect from 1993. It would therefore be grateful if the Government would indicate in its next report how consultation and cooperation with the organizations of employers and workers are ensured in implementing the provisions of the Convention.

Article 7. In its comments, the Swedish Confederation of Professional Employees also states that stronger priority has been given to combat inflation. The Committee refers in this respect to its comments concerning the Employment Policy Convention, 1964 (No. 122).

Article 10, paragraph 2(b). Please indicate whether there are cases in which the employer would not have to pay wages to his or her laid-off workers under the Act on Security of Employment and the redundancy pay agreements concluded between the social partners; and, if so, please indicate whether and under what provisions such workers would be entitled to compensation under the Unemployment Insurance Act or the Act respecting cash labour market assistance.

Article 10, paragraph 3. The Government indicates that part-time employees are entitled to compensation if, before becoming unemployed, they were employed to a large enough extent for unemployment benefit to be payable. Please indicate what are the relevant provisions of the legislation.

Article 15, paragraph 1. The Committee notes that, according to section 19 of the Unemployment Insurance Act, the daily allowance shall not be fixed at a lower rate than one that meets the requirements of the Social Security (Minimum Standards) Convention, 1952 (No. 102). Since Sweden has also ratified Convention No. 168, the Committee would like the Government to consider the possibility of supplementing the above provision so that it would also attain the level of benefit fixed by this instrument.

Article 19, paragraph 6. The Committee notes that section 28 of the Unemployment Insurance Act empowers the unemployment fund and/or the Labour Market Board to restrict the entitlement to daily allowances of workers engaged in an occupation where unemployment regularly recurs each year. It further notes that in its report for the period 1988-1992 on Convention No. 102, the Government indicated that special seasonal restrictions are currently applied by five unemployment insurance funds covering commercial travellers, salaried industrial employees, forestry workers, small entrepreneurs and fishermen. The Committee would ask the Government to give detailed information on the nature and content of the restrictions in question.

Article 24, paragraph 1(a). The Government states in its report that the unemployment insurance benefit and the cash labour market assistance carry pension rights under the ATP supplementary pensions scheme. Please indicate the relevant provisions of the legislation.

Article 24, paragraph 1(b). Please indicate how this provision of the Convention is applied in respect of maternity benefit.

Article 25. (a) Under the Unemployment Insurance Act, section 47(3), a person may become a member of an unemployment fund only if he is employed for an average of more than 17 hours a week. Please indicate the number of part-time workers who, by working less than 17 hours per week, are excluded from the unemployment insurance benefits, as well as their proportion to the total number of part-time workers.

(b) The Committee would like to point out that the adoption of the adjustment measures contemplated by this Article of the Convention is not restricted solely to the unemployment protection branch, but concerns all branches of statutory social security schemes which are based on occupational activity. It would therefore ask the Government to indicate in its next report how these schemes are adjusted to the occupational circumstances of part-time workers, for example, as suggested in paragraph 22 of the Employment Promotion and Protection against Unemployment Recommendation, 1988 (No. 176).

Article 26, paragraph 1 (in relation to Article 6 of the Convention). The Committee notes the information supplied in the report under this Article and Article 8 of the Convention, particularly as regards the measures taken in favour of young persons seeking employment. It notes in this respect that section 9 of the Act respecting cash labour market assistance provides this assistance to any person - even if he has not completed the period of qualifying employment - who, for at least 90 calendar days during a base period of ten months following the completion of full-time education comprising of at least one year of study and qualifying for a study allowance, has been available on the employment market as a jobseeker through the public placement service or has had remunerated employment. However, according to section 4(1) of the said Act, this assistance is payable only to a person who has reached the age of 20 years. The report indicates that before that age, young persons aged between 16 and 17 can be offered youth training by schools, while 18 and 19 year olds are covered by "special introductory training opportunities" with public sector employers after leaving compulsory school. However, as from 1 July 1992 the special introductory training opportunities were superseded by the new Youth Training Scheme. The Committee would like the Government to continue to provide information on the measures taken in favour of this category of new applicants for employment, including information and statistics on the practical implementation and coverage of the new Youth Training Scheme, as compared to the total number of young persons under 20 years of age seeking work.

Finally, the Committee noted, from the twenty-sixth annual report of the Government on the application of the European Code of Social Security and its Protocol, that the Commission on a New Scheme of Unemployment Insurance has presented its report (SOU 1993:52) with recommendations to be implemented in the spring of 1994. The Committee would be grateful if the next report of the Government would contain information on any further developments in this respect.