REPRESENTATION (article 24) - SWEDEN - C121 - 1983

Report of the Committee set up to examine the representation presented by the Swedish Trade Union Confederation, the Swedish Central Organisation of Salaried Employees and the International Confederation of Free Trade Unions under article 24 of the Constitution alleging non-observance of the Employement Injury Benefits Convention, 1964 (No. 121), by Sweden

Decision

1. The Governing Body adopted the report of the tripartite committee. Procedure closed.

Complaint Procedure

1. Introduction
2. 1. By a letter of 30 August 1982, the Swedish Trade Union Confederation, the Swedish Central Organisation of Salaried Employees and the International Confederation of Free Trade Unions made a representation to the Office under article 24 of the Constitution alleging non-observance by the Government of Sweden of the Employment Injury Benefits Convention, 1964 (No. 121).
3. 2. The Employment Injury Benefits Convention, 1964 (No. 121) was ratified by Sweden on 17 June 1969. It entered into force for that country one year later, on 17 June 1970.
4. 3. The provisions of the Constitution of the International Labour Organisation concerning the submission of representations are the following:
5. Article 24
6. In the event of any representation being made to the International Labour Office by an industrial association of employers or of workers that any of the Members has failed to secure in any respect the effective observance within its jurisdiction of any Convention to which it is a party, the Governing Body may communicate this representation to the government against which it is made, and may invite that government to make such statement on the subject as it may think fit.
7. Article 25
8. If no statement is received within a reasonable time from the government in question, or if the statement when received is not deemed to be satisfactory by the Governing Body, the latter shall have the right to publish the representation and the statement, if any, made in reply to it.
9. 4. The procedure for the submission of representations is governed by the revised Standing Orders adopted by the Governing Body at its 212th Session in March 1980.(Endnote_1)
10. 5. Under Article 2, paragraphs 1 and 2 of these Standing Orders, the Director-General brought the representation and all the items of information in his possession regarding its receivability before the Governing Body.
11. 6. At its 221st Session (November 1982), the Governing Body examined the question of the receivability of the representation and considered that it fulfilled the formal conditions laid down in Article 2 of the Standing Orders. It then decided to appoint the Committee provided for in Article 3, paragraph 1 of the Standing Orders, in accordance with the recommendations of its Officers in a report submitted to it at that same session. (Endnote_2) This Committee consisted of Mr. Wil Albeda (Government member, Netherlands), Chairman, Mr. Fernando Yllanes Ramos (Employer member) and Mr. John Svenningsen (Worker member).
12. 7. The Committee met in Geneva on 1 March 1983 during the Governing Body's 222nd Session.
13. Allegations
14. 8. The Swedish Trade Union Confederation (LO), the Swedish Central Organisation of Salaried Employees (TCO) and the International Confederation of Free Trade Unions (ICFTU) allege that the Government of Sweden has failed to fulfil the obligations incumbent on it by virtue of its ratification of the Employment Injury Benefits Convention, and in particular under Articles 2 and 9(3)(b).
15. 9. Article 9(3) of the Convention states: The benefits shall be granted throughout the contingency: Provided that in respect of incapacity for work the cash benefit need not be paid for the first three days - (a) where the legislation of a Member provides for a waiting period at the date on which this Convention comes into force ...; (b) where a declaration provided for in Article 2 is in force." The relevant provisions of Article 2 of the Convention are the following: "A Member whose economic and medical facilities are insufficiently developed may avail itself by a declaration accompanying its ratification of the temporary exceptions provided for in the following Articles: ..., Article 9, paragraph 3, clause (b), ..."
16. 10. The above organisations consider that Sweden's failure to fulfil its obligations resulted from the passing by the Swedish Parliament, on 26 May 1982, of an amendment to the sickness insurance legislation whereby benefit would not be payable during the first three days of sickness.(Endnote_3) This amendment was due to enter into force on 1 January 1983. Swedish legislation, however, did not provide for a waiting period at the date on which the Convention was ratified by Sweden, and the Swedish Government made no declaration accompanying its ratification in accordance with Articles 2 and 9(3)(b).
17. 11. By a letter of 15 November 1982, the Swedish Ministry of Labour supplied the ILO with a copy of the draft text of Act No. 1982/83:55 designed to abolish the waiting period.
18. 12. Finally, the Committee was informed, in a letter from the Swedish Ministry of Labour dated 10 January 1983, that the waiting period had been abolished by the Act (SFS 1982:1233) of 17 December 1982, amending the Act No. 1982;368 to amend the Act No. 1962:381 respecting sickness insurance.
19. The Committee's conclusions and recommendations
20. 13. In view of this last communication, the Committee notes with satisfaction that the circumstances to which the organisations referred in making their representation no longer obtain, and that the representation has therefore no longer any purpose. The Employment Injury Benefits Convention, 1964 (No. 121), ratified by Sweden in 1969, is therefore fully observed as regards the duration for which benefits are payable in respect of incapacity for work, as governed by paragraph 3 of Article 9 of the Convention.
21. 14. The Committee therefore recommends the Governing Body to declare the closure of the current procedure initiated following a representation submitted by the Swedish Trade Union Confederation, the Swedish Central Organisation of Salaried Employees and the International Confederation of Free Trade Unions concerning the application of the Employment Injury Benefits Convention, 1964 (No. 121) by Sweden.
22. Geneva, 1 March 1983.
23. (Signed) W. Albeda, Chairman.
24. F. Yllanes Ramos.
25. J. Svenningsen
26. Endnote 1
27. Official Bulletin, Vol. LXIV, 1981, Series A, No. 1, pp. 93-95.
28. Endnote 2
29. GB.221/19/22.
30. Endnote 3
31. In accordance with the provisions of the Employment Inquiry Insurance Act of 1976 (Chapter 3, section 1), where an injured person is insured against sickness under the Public Insurance Act (No. 381 of 1962), he shall be entitled in respect of his employment injury to the same benefits from the sickness insurance scheme as would be granted to him in respect of any other sickness for a period of 90 days after the occurrence of the injury.