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

Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121) - Sweden (Ratification: 1969)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

With reference to its previous observation, the Committee notes the detailed report of the Government, requested as a follow-up of the recommendations made by the committee set up to examine the representation made under article 24 of the ILO Constitution by the Swedish Trade Union Confederation (LO), the Swedish Confederation of Professional Employees (TCO) and the International Confederation of Free Trade Unions (ICFTU), approved by the Governing Body at its 258th Session (November 1993). Article 8 of the Convention. In reply to the questions raised in paragraph 47(b) of the report of the above-mentioned committee concerning changes in the definition of employment injury and in the burden of proof in such cases, the Government states in its report that no test cases have been decided and no evaluation has yet been made of the effects of the changes in the work injury concept and the burden of proof in work injury cases. However, in its report on Convention No. 102, the Government adds that "it can be assumed that in a considerably greater number of cases compensation will be denied in the future that has been the case to date". In this situation, the Committee trusts that the Government would not fail to supply in its next report full information on all the points mentioned in the said paragraph 47(b), including judicial decisions and statistics on the number of cases in which compensation has been denied according to the new rules, as soon as this information is available. Article 9, paragraph 3. As regards the abolition of a one-day waiting period for payment of employment injury cash benefit, the Government indicates that such a measure would entail a far-reaching and administratively burdensome change of system. The resulting obligation for the social insurance service to assess all work injuries reported, and not only those entailing a permanent reduction of working capacity and an entitlement to an annuity, as it is done now, would limit the benefits resulting from the coordination with health insurance, increase the cost and the administrative overheads of work injury insurance. Due to the present state of government finances, the Government has not found it possible to introduce such special arrangements for short and medium-length illnesses resulting from work injuries and, hence, to abolish the waiting day. On the other hand, the Government indicates that in its Spring Economic Policy Bill (Prop. 1995/96:150), it announced an increase in benefit level, as from 1998, to 80 per cent of qualifying income. Moreover, in the final report of the committee for a new structure for sickness and occupational injury insurance (SAK) it is recommended that, while there should be a 90-day period of coordination with health insurance, in the event of accidental injury, a work injury sickness benefit should be introduced which, together with regular sickness allowance, will equal 98 per cent of the qualifying income. The comments on this report are currently being processed by the Government which will be taking a policy decision on the future structure of work injury insurance. The Committee notes this information. It also notes that, in its comments on the Government's report, dated 9 April 1997, the Swedish Trade Union Confederation finds the maintenance of a one-day waiting period with respect to employment injury benefit unacceptable and in violation with the Convention and states that the Government still has no plans to give compensation from the first day. The Committee is fully aware of the financial and administrative costs involved in suppressing a one-day waiting period, as well as of the efforts taken by the Government to restore the level of benefits which was previously reduced due to the state of government finances. In this respect it notes, in particular, the abovementioned proposal of SAK to introduce, in addition to the regular sickness allowance, a special work injury sickness benefit for those suffering employment injuries. The Committee hopes that, in considering this proposal in the overall new structure of sickness and occupational injury insurance, it will be possible for the Government to implement it in such a manner as to ensure that the cash benefits for incapacity for work due to a victim of an employment injury are paid from the first day of incapacity, in accordance with Article 9, paragraph 3, of the Convention. The Government is asked to indicate the progress made in its next report.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.