Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Sweden (Ratification: 1950)

Article 4 of the Convention. Promotion of collective bargaining. Legislative developments. Posting of workers. The Committee recalls that in its previous comments it had noted with interest that, a parliamentary committee set up in November 2014 to consider legal amendments to the Foreign Posting of Employees Act (Lex Laval), had made a number of proposals to safeguard the Swedish labour market model and status of collective agreements in situations involving posted workers. The Committee had expressed its trust that the amendments ultimately adopted would have the effect of promoting voluntary collective bargaining for organizations representing posted workers.

The Committee notes with interest the Government’s indication that the amendments to the Posting of Workers Act, which were presented to the Parliament in February 2017 and entered into force on 1 June 2017, create a more effective and efficient system for the protection of the rights of posted workers. The Committee further notes with interest that the amendments include, among other things that: (i) an employer posting workers to Sweden must appoint a representative who is authorized to negotiate and conclude collective agreements requested by an employee’s organization; (ii) industrial action against an employer can be taken with the aim of bringing about a regulation by collective agreement (the employment conditions that trade unions can demand are limited to the minimum conditions set out in the European Union Posting of Workers Directive); (iii) posted workers who are not members of the trade union that concluded the collective agreement have the right to invoke certain conditions in the collective agreement, ultimately in a Swedish court; and (iv) there are provisions on increased transparency and predictability so that it is easier for foreign employers to find out in advance what conditions apply in the Swedish labour market. The Committee further notes that sections 10 and 11 of the law require foreign employers to report to the Swedish Work Environment Authority when they post workers to Sweden and to appoint a contact person in Sweden, who shall be able to provide documents to agencies and employee organizations that show that the requirements of the Act have been fulfilled. In addition, sections 14 and 24 provide for financial penalties as well as damages in the event of non-compliance. The Committee welcomes the legislative developments which have taken place since it last examined the situation in 2015 and requests the Government to provide in future reports information on the application in practice of the Posting of Workers Act since it entered into force in June 2017. The Committee further requests the Government to provide statistics on collective agreements concluded with foreign employers as well as statistics on foreign employers that became bound by collective agreements through membership of an employers’ organization.