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Termination of Employment Convention, 1982 (No. 158) - Sweden (Ratification: 1983)

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Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes the observations made by the Swedish Confederation for Professional Employees (TCO), the Swedish Trade Union Confederation (LO) and the Swedish Confederation of Professional Associations (SACO), received on 21 September 2016.

Article 2(3) of the Convention. Adequate safeguards against recourse to contracts of employment for a specified period of time. The Committee notes with interest the information provided by the Government concerning amendments to the Employment Protection Act (EPA), which came into force on 1 May 2016. The amendments introduced additional safeguards against recourse to employment contracts for a specified period of time. Pursuant to the 2016 amendments, the employment contract of a worker employed under successive fixed-term contracts for a period of more than two years over a five-year period will be converted into a contract for an indefinite period of time. This rule applies not only to general fixed-term employment contracts, but also to successive contracts of employment to replace another worker, as well as to contracts for seasonal employment. The Government adds that the EPA’s provisions on conversion of fixed-term contracts to contracts of indefinite duration do not apply to workers aged 67 and over. The Committee notes that under the amendments to the EPA, workers on fixed-term contracts are entitled to request written information from the employer relevant to facilitate a determination of whether the employee is entitled to conversion of his or her fixed-term contract into a contract of indefinite duration. The Committee requests the Government to provide detailed information on the application in practice of the 2016 amendments to the Employment Protection Act establishing additional safeguards against abusive recourse to contracts of employment for a specified period of time, including information on the number of workers benefitting from these measures.

Article 5(c). Invalid reasons for termination. The Committee notes with interest the information provided by the Government concerning the adoption of the Act on special protection for workers against reprisals for whistleblowing regarding serious irregularities, which entered into force on 1 January 2017. The Government indicates that, while workers with permanent contracts already enjoy considerable protection against unjustified dismissal, the Act extends protection against reprisals to employees engaged as temporary agency workers who denounce serious irregularities in the activities of the company that hires them. The Act entitles workers who have been subjected by their employer to reprisals for whistleblowing to lodge a claim against the employer for damages. Where the whistleblowing is in-house (relating to the company where the worker is engaged), it is sufficient for specific suspicions of irregularities to exist for protections against reprisals to apply. Where the whistleblowing is external (where the information is supplied for public disclosure or to a public authority), the worker is required to have good reason for making the allegations. The protection that the Act offers against reprisals does not apply where a worker has committed a crime by whistleblowing. The Committee requests the Government to provide information on the reasons for the differentiated standard of protection against reprisals – including dismissals – for internal as opposed to external whistleblowers under the 2017 Act on special protection for workers against reprisals for whistleblowing regarding serious irregularities. The Committee further requests information on the number of complaints of unfair dismissal for whistleblowing, the applicable burden of proof, and extracts of relevant judicial decisions.

Article 12. Severance allowance and other income protection. The Committee notes the adoption of amendments to the Unemployment Insurance Act, which entered into force on 1 September 2013. The Government indicates that the amendments extend the general conditions for entitlement to unemployment insurance fund benefits (section 9), and that the eligibility period in the case of a worker suspended from employment due to improper conduct, has been reduced from 60 to 45 days (section 43(b)(2)). The Committee requests the Government to provide information on the manner in which the amendments to the Unemployment Insurance Act are applied in practice.

Application of the Convention in practice. The Committee notes the Government’s indication that, according to the Act Concerning Certain Measures to Promote Employment, employers are required to notify the Employment Service (Arbetsförmedlingen) if the employer needs to implement reductions in activities that involve at least five employees in the county. In this regard, the Government indicates that, in the first half of 2016, the Employment Service received a total 19,509 notices of termination of employment, covering 10,083 workplaces. The Government further indicates that, between July 2011 and April 2016, the Equality Ombudsman received 500 reports concerning termination of employment. The Committee requests the Government to continue providing detailed information on the manner in which the provisions of the Convention are applied in practice, including extracts of judicial decisions involving questions of principle relevant to the Convention, available statistics on the activities of the Labour Courts and of the Discrimination Ombudsman, as well as on the number of terminations for economic or similar reasons.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes the Government’s detailed report provided for the period ending in June 2011 including complete information in relation to the 2007 observation. Among the legislative amendments made to the Employment Protection Act which entered into force in 2007 and 2008, the Committee notes that a general fixed-term contract becomes a contract for an indefinite period of time when a worker has been employed with the same employer for a total period of two years over a five-year period. Likewise, a fixed-term contract of a worker who has been employed by the same employer as a replacement for a total period of two years (previously three years) also becomes a contract for an indefinite period of time. The Committee further notes the Government’s statement that most workers in the Swedish labour market have contracts for an indefinite period of time. The Government further indicates that employment contracts for an indefinite period of time will continue to be the main foundation of the labour market and that fixed-term contracts fulfil the important function of enabling employers to meet temporary needs to increase the available manpower and to replace those temporarily absent. Fixed-term contracts can constitute an important passage into working life for young people and for those without or with limited work experience. Other measures taken by the Government to increase the protection resulting from the Convention include a new provision in the Employment Protection Act to provide that if fixed-term contracts or contracts for probation pursuant to the Employment Protection Act are abused, the workers concerned would be entitled to obtain a judicial declaration that the employment contract is valid for an indefinite period of time (Article 2(2) and (3) of the Convention). The Committee also notes the data provided by the Government on the activities of the Labour Court and the Discrimination Ombudsman. The Committee invites the Government to continue providing relevant information on the manner in which the provisions of the Convention are applied in practice, including extracts of relevant judicial decisions involving questions regarding the application of the Convention, available statistics on the activities of the Labour Courts and the Discrimination Ombudsman and on the number of terminations for economic or similar reasons in the country (Parts IV and V of the report form).

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

1. Article 2, paragraph 2, of the Convention. Fixed-term employment by agreement between the parties. The Committee notes the Government’s detailed report received in February 2007. In reply to the direct request made by the Committee in 2000, the Government refers to the legal guarantees laid down for workers employed for a specified period of time agreed between the parties, pursuant to section 5(a) of the Employment Protection Act. The Committee notes the relevant court decisions issued under section 5(a). The Government indicates that a survey on this category of employment was conducted at a central level with the social partners in winter 2006. In this regard, the Swedish Confederation of Professional Associations (SACO), the Confederation of Swedish Enterprises, the Swedish Agency for Government Employers and also the Swedish Association of Local Authorities and Regions indicated that the establishment of fixed-term contracts had not given rise to any conflict. The Swedish Confederation of Professional Employers (TCO) emphasized that the most common problem, when the 12-month limit was approaching, lay in recruiting a new employee rather than keeping the previous one. The Government indicates that no trade union has statistics on the number of workers affected by this measure except the Swedish Agency for Government Employers, which estimates that 500 to 600 persons are employed in this form in at least half of public sector bodies. The Government states in its report that a number of amendments concerning fixed-term work are being drawn up, and that it has no intention of re-introducing fixed-term employment agreed between the parties. In this respect, the Committee notes the repeal of section 5(a) by Act No. 440 of 24 May 2006 amending the Employment Protection Act, which came into force on 1 July 2007.

2. The Committee notes the practical information contained in the Government’s report concerning the legislative amendments that have occurred since 2000. It notes in particular that amendment SFS 2000: 626 excludes workers who are employed for work with special employment support from the scope of the 1982 Employment Act. The Government states in its report that draft statutes are currently being drawn up which should abolish this exception and bring this group of workers within the scope of the Employment Protection Act. The Committee asks the Government to keep it informed of all legislative developments relating to the subjects covered by the present Convention.

3. Part V of the report form. Practical information on the application of the Convention. The Committee notes the information supplied on the number of workers recruited on fixed-term contracts and notes that, in 2005, 17.6 per cent of female employees and 13.9 per cent of male employees had a fixed-term contract. The Committee asks the Government to continue to supply up to date information on the manner in which each of the provisions of the Convention is applied in practice, particularly by providing statistics on the activities of the bodies of appeal.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its 2000 direct request, which read as follows:

The Committee notes the information contained in the Government’s detailed report, particularly in reply to its previous comments, as well as the statistical information supplied. The Committee also notes the adoption of the Act on Employment Protection, 1997. Section 5(a) of the Act on Employment Protection provides that, by agreement, fixed-term employment may comprise up to 12 months within a three-year period. In the case of a company or enterprise that has not had any employees previously, fixed-term employment may comprise up to 18 months within three years from the first hiring. A new employer may also have up to five employees with agreed fixed-term tenure.

The Committee would appreciate receiving further information on how the new concept of fixed-term employment by agreement is applied in practice. In particular, it would appreciate receiving further information on whether adequate safeguards are provided against recourse to contracts of employment for a specified period of time, with the object of avoiding the protection resulting from the provisions of the Convention, as provided under Article 2, paragraph 3. The Committee also requests statistics on the number of workers affected by the new concept, as requested in Part V of the report form.

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

The Committee would appreciate receiving further information on how the new concept of fixed-term employment by agreement is applied in practice. In particular, it would appreciate receiving further information on whether adequate safeguards are provided against recourse to contracts of employment for a specified period of time, with the object of avoiding the protection resulting from the provisions of the Convention, as provided under Article 2, paragraph 3. The Committee also requests statistics on the number of workers affected by the new concept, as requested in Part V of the report form.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 2, paragraphs 4 to 6, of the Convention. Referring to its previous request, the Committee notes that, in the Government's view based on its jurisprudence, workers holding managerial positions in the private sector enjoy protection at least equivalent to that offered by the Convention, though the Act on the protection of employment is not applicable to them. The Committee notes, furthermore that, by virtue of the 1994 Act on Public Employment, the provisions of the Act on the Protection of Employment relating to termination are directly applicable to public servants. Please continue to provide information on legislation and practice in regard to categories of workers excluded from the application of the Convention and, in particular, on whether they enjoy equivalent protection.

Parts IV and V of the report form. Please continue to provide information, including statistical data, on the application of the Convention in practice, as required by the report form approved by the Governing Body.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the Government's report and the information it contains in reply to its previous request as well as the comments of the Swedish Trade Union Confederation. It also notes the provisions of Act No. 260 of 28 April 1994 on Public Employment and Act No. 1685 of 20 December 1994 amending the 1982 Act on the Protection of Employment.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes the Government's reports for the periods ending June 1988 and June 1989, respectively, which contain information including decisions by the Labour Court supplied in reply to the previous direct request. It asks the Government to provide further information on the following points:

Article 2, paragraphs 4 to 6, of the Convention. Referring to its previous comments, the Committee notes the judgements of the Labour Court (cases AD 1979 No. 146 and AD 1979 No. 154) confirming that workers holding managerial positions are excluded from the application of the Protection of Employment Act, 1982 (LAS). Please specify whether these workers are considered to be excluded from the application of the Convention, and if so, please provide the information requested in the report form.

The Committee also notes that workers engaged in work in the employer's household, also excluded from the application of the LAS, come under the Domestic Employment (Working Hours, etc.) Act, 1970, which contains some provisions on termination of employment (section 12). Please provide information, as to the practice regarding domestic employees, in particular on the justification of termination and on the procedure of appeal against termination.

The Committee further notes that "state-granted positions" are subject to special provisions set out in the Public Employment Act (1976: 600). However, the text of the Act available for the Committee does not correspond to the Government's explanation of Chapter 7, sections 2(2) and 9. Please provide an updated copy of the Act as well as information on the practical application of these provisions.

Points IV and V of the report form. The Committee would be grateful if the Government would continue to supply, in its future reports, information regarding the practical application of the Convention, with special reference to the following provisions: Articles 4, 5, 6 and 11 (what are and what are not regarded as valid reasons for dismissal with notice or summary dismissal), and Article 13 (especially the provision by employers to workers' representatives in good time of relevant information concerning terminations for reasons of an economic, technological, structural or similar nature).