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

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

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.