Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Article 4(b). Conditions of employment. Recalling the Committee’s previous comments on the Provisions of the Work Environment Authority on Pregnant and Breast-Feeding Employees (Ordinance AFS 1994:32), the Committee notes the Government’s indication that the Act is currently under revision – in particular, the general recommendations concerning its implementation. Noting that these changes are expected to come into force in 2007, the Committee asks the Government to include information in its next report on the outcome of this revision as well as its effect on promoting the objectives of the Convention.

2. With regard to the obligation of employers under section 5 of the Equal Opportunities Act (No. 433 of 1991) to “facilitate the combination of gainful employment and parenthood with respect to both female and male employees”, the Committee notes from the Government’s report submitted in October 2006 on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), that the Equal Opportunities Ombudsman (EOO) is working to verify employers’ compliance with the requirements of the Act primarily through an examination of equal opportunity plans. Noting that the report contains no further information on the results of these examinations or on the contents of individual employer plans with respect to work and family responsibilities, the Committee asks the Government to provide details in its next report on the results of the EOO’s work to monitor the application of section 5 of the Equal Opportunities Act and to indicate any measures taken or envisaged to promote greater compliance on the part of employers with this obligation.

3. Article 4(b). Social security. The Committee notes with interest the information provided by the Government on the numerous developments during the reporting period in relation to parental insurance, temporary parental allowance and child allowance entitlements. It notes in particular, that in 2003, the upper age limit for eligibility for care allowances for children with functional disabilities was raised from 16 to 19 years. It further notes from the statistics provided on the scope and financing of social security in Sweden that parental insurance and child allowance accounted for 75 per cent of expenditures for families and children in 2004. The Government reports that with respect to parental insurance, 79 per cent of the days paid out in 2004 were claimed by women and 21 per cent by men – although it expects the proportion of days claimed by fathers to rise. The Committee asks the Government to continue providing information on future developments in social security programmes and entitlements that improve workers’ ability to balance work and family responsibilities. Please also continue to provide statistics on the practical application of these measures.

4. Article 6. Information and education. The Committee notes the study by the Social Insurance Agency entitled “Social security in Sweden 2005 – On the fringe of security”. The document examines, among other things, how foreign-born parents living in Sweden use the parental cash benefit, which is intended to assist individuals to combine their family responsibilities with gainful employment. Among the study’s findings, the Committee notes the suggestion that differences in the use of social insurance by foreign-born and native-born parents may stem from differences in knowledge about parental insurance. This assessment is confirmed by a report prepared in 2003 by the Swedish Social Insurance Board revealing that foreign-born people are less knowledgeable than native-born people on such matters. Furthermore, the Committee notes another study published by the Social Insurance Agency in 2003 entitled “Mum knows best: A knowledge survey concerning parental benefit and leave”. The study shows that there is relatively little awareness of the fact that both parents are entitled to half of the available parental leave with many believing that the mother is entitled to more days of leave than the father. The agency states in the report that it intends to step up its information efforts since a proper understanding of available benefits is expected to affect how parents choose to divide their leave entitlements. The Committee asks the Government to provide details of its information and education strategy to raise awareness about available parental leave benefits and to indicate how these efforts affect the number of leave days taken by men and women respectively. The Committee also asks the Government to report on the measures taken or under consideration to raise awareness among the foreign-born population about available social security benefits, in particular parental cash benefits, to assist them in reconciling work and family responsibilities.

5. Article 11. Participation of employers’ and workers’ organizations. The Committee notes from the EOO report on parenthood and parental insurance discussed above, the active engagement of the social partners on the issue of workers with family responsibilities. It notes the numerous studies and reports produced both by workers’ and employers’ organizations addressing the labour market challenges facing men and women in balancing their work and family responsibilities. The Committee welcomes this information and asks the Government to indicate how it cooperates with the social partners in practice to give effect to the provisions of the Convention, particularly in light of their extensive contributions to the study of workers with family responsibilities in Sweden.

6. The Committee notes the report by the EOO entitled “Parenthood and parental insurance – The current situation in Sweden” that was updated in 2006. The Committee notes with interest the numerous studies identified in this document that were undertaken during the reporting period on balancing work and family life in Sweden. It also notes the figures showing that between 2000 and 2005, 189 complaints relating to pregnancy, parental leave and parenthood were reported to the EOO. The Committee asks the Government to include information in its next report on the nature and outcome of the complaints submitted to the EOO along with any other relevant case law involving questions of principle relating to the application of the Convention.