Equal Remuneration Convention, 1951 (No. 100) - Sweden (Ratification: 1962)

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Articles 1 and 2 of the Convention. Gender pay gap and occupational segregation. The Committee previously noted the persistence of the gender pay gap as a result of several causes, including occupational segregation, the influence of stereotypes in relation to women’s areas of study, and the role of family responsibilities in reducing women’s employment levels. The Committee welcomes the fact that according to EUROSTAT, the gender pay gap (in an unadjusted form) decreased from 13.3 per cent in 2016 to 11.8 per cent in 2019. Furthermore, according to the 2020 report of the Swedish National Mediation Office, forwarded by the Government, the gender pay gap continued to decrease in 2020, with wage differences being estimated at 9.8 per cent. The Mediation Office however highlights that men still earn more than women in all economic sectors and, while decreasing, horizontal and vertical gender occupational segregation persists. Although the gender pay gap can be explained by several reasons, such as discrimination, market forces, the financial conditions of the different sectors, as well as women’s and men’s attitudes or choice of profession, the main explanation remains that women and men work in different professions and sectors. The Committee notes that, as highlighted in 2019 in the context of the Universal Periodic Review (UPR), conducted under the auspice of the United Nations (UN) Human Rights Council, despite a generally high rate of labour force participation of women, several UN treaty bodies expressed concern at the continued horizontal and vertical occupational segregation, with women concentrated in part-time work, predominantly for family reasons, and the persistent gender pay gap (A/HRC/WG.6/35/SWE/2, 12 November 2019, paragraphs 43 and 44). In that context, in 2020, the UN Human Rights Council also recommended to consider redoubling efforts in addressing the gender pay gap, both in the public and private sectors (A/HRC/44/12, 18 March 2020, paragraph 156). The Committee notes with regret the persistent lack of information from the Government on the measures adopted to address occupational gender segregation. It however notes the Government’s statement, in its reports, that a Commission for equal living income was appointed on 5 March 2020, in order: (1) to submit proposals for measures that contribute to the promotion of equal pay, equal living income, and equal distribution of public support to women and men, as well as for measures on how equal workplaces can be ensured; and (2) to disseminate knowledge on how to promote economic equality and equal living incomes, in particular among authorities, municipalities and the civil society. The Government adds that the Commission will present its final report in February 2022. While welcoming the continued decrease in the gender pay gap, the Committee trusts that the Government will strengthen its efforts to implement measures to effectively address the persistent occupational gender segregation and gender pay gap. It asks the Government to provide information on the content and impact of the concrete measures adopted and implemented to that end, as well as on any recommendations formulated by the Commission for equal living income in that regard. The Committee further asks the Government to provide updated statistical information on the distribution of men and women in the different sectors of economic activity, occupational positions and their respective levels of remuneration, both in the public and private sectors, and on the gender pay gap in the country.

Article 2. Pay surveys and action plans for equal pay. The Committee previously noted that, pursuant to the Discrimination Act (2008:567), employers were required to take active measures to promote equal opportunities at the workplace and prevent differences in pay and other terms of employment between women and men who perform “work which is to be regarded as equal or of equal value”, in particular by carrying out pay surveys (Chapter 3, section 10) and elaborating an action plan for equal pay following the survey, for employers with more than 25 employees (Chapter 3, section 11). The Committee welcomes the adoption, on 1 January 2017, of the Act (2016:828) amending the Discrimination Act so that all employers, regardless of size, have now a duty to carry out active measures, in cooperation with the employees, concerning working conditions, wages, recruitment and promotion, vocational training and the reconciliation of work and parenthood. It further welcomes the fact that employers are now required to conduct a pay survey every year, instead of every three years, in order to identify, remedy and prevent unfair differences in pay between men and women (Chapter 3, section 8). The Committee notes the Government’s indication that the Equality Ombudsman has made significant efforts to provide information to the relevant stakeholders on the contents of the new legal provisions in this field, including by revising its online training on pay surveys and launching an e-guide on active measures against discrimination in order to provide support and guidance to employers. However, it also notes that, in the context of the UPR, the Government indicated that there are signs that the Discrimination Act is not being complied with to a sufficiently high extent in terms of requirements made for employers to conduct pay surveys. Furthermore, there is a need for effective oversight of the Act, with effective sanctions where the provisions are not met (A/HRC/WG.6/35/SWE/1, 11 November 2019, paragraph 27). In that regard, the Committee refers the Government to its 2021 direct request under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) regarding possible changes currently under consideration in order to achieve more effective supervision and compliance with the Act. The Committee requests the Government to provide information on the measures taken to achieve more effective supervision and enforcement of the system of pay surveys and action plans for equal pay. It requests the Government to provide information on the concrete measures implemented by employers as a result of the active measures carried out to address any wage differentials between men and women based on sex, as well as on the number and outcome of any cases concerning pay inequality between men and women dealt with by the labour inspectors, the Equality Ombudsman, the courts or any other competent authorities. The Committee further asks the Government to continue to provide information on the training and awareness-raising activities carried out by the Equality Ombudsman concerning the promotion and enforcement of the principle of the Convention.

Public sector. The Committee previously noted that a “statistical job classification in the national government sector” (BESTA) was intended to group jobs in the national government according to job content and difficulty in the context of wage statistics, but that this classification did not entail an evaluation of jobs. It requested the Government to provide information on the manner in which pay surveys were implemented in the context of the national government sector. The Committee notes the Government’s statement that in 2016, the Equality Ombudsman carried out a large examination of 190 government agencies which focused on gender equality plans, including action plans for equal pay, in order to monitor that public employers carry on a preventive work against discrimination according to the provisions on active measures of the Discrimination Act. After the examination, the Equality Ombudsman found that nine out of ten agencies had up-to-date gender equality plans but almost half of them contained some deficiencies. One of the most common deficiencies identified was the lack of an action plan for equal pay. The Committee asks the Government to provide information on any specific measures implemented, including as a follow-up of the evaluation made by the Equality Ombudsman, to address any deficiencies observed regarding the elaboration and implementation of active measures in the public sector, in particular the lack of an action plan for equal pay. It also asks the Government to provide information on any recent evaluation carried out to assess the implementation of the principle of the Convention in the public sector, as well as on any job evaluation method and criteria used to ensure that job classifications and pay scales applicable in the public sector are free from any gender bias.

Articles 2(2)(c) and 4. Collective agreements and collaboration with the social partners. Referring to its previous comments regarding the collaboration with the social partners in order to promote the application of the principle of the Convention, the Committee notes the Government’s statement that central workers’ and employers’ organizations have been participating in the commission of inquiry regarding active measures and equal living income. The Government adds that the Equality Ombudsman also cooperate with the social partners, including through network meetings. The Committee notes that, in its 2021 country report on non-discrimination in Sweden, the European Commission highlights that collective agreements cover about 90 per cent of workers (p. 16). It further notes that, in the context of the UPR, the Government indicated that, in Sweden, the responsibility for pay levels lies with the social partners as the employers, the workers and their organizations, work actively to reduce the pay gap between women and men (A/HRC/WG.6/35/SWE/1, paragraph 72). The Committee asks the Government to provide information on the manner in which the application of the Convention is promoted through collective agreements, including information on how provisions contained in collective agreements promote equal remuneration for men and women for work of equal value, as well as their impact at the local level. It further asks the Government to continue to provide information on the actions undertaken to promote the implementation of the principle of the Convention with the cooperation of the social partners, and the results of such initiatives.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes the observations of the Swedish Confederation of Professional Employees (TCO), the Swedish Trade Union Confederation (LO) and the Swedish Confederation of Professional Associations (SACO) received 10 November 2014.

Articles 1 and 2 of the Convention. Gender wage gap and occupational segregation. The Committee notes that according to EUROSTAT, the gender pay gap (in an unadjusted form) amounted to 15.9 per cent in 2012. The Committee recalls that in its previous report, the Government indicated several causes of the gender wage gap, including occupational segregation, the influence of stereotypes in relation to women’s areas of study, and the role of family responsibilities in reducing women’s employment levels. The Committee notes the Government’s indication that the Delegation for Gender Equality in Working Life, established in 2011, has the function of proposing further action to reduce the gender wage gap, and that its report is due at the end of 2014. The Government further refers to an inquiry carried out under the Discrimination Act, which recommended the implementation of annual pay surveys. The Committee notes that the Government provides no information on the measures adopted to address occupational sex segregation. The Committee asks the Government to continue to provide information on the concrete measures adopted to address the gender pay gap and occupational sex segregation, including any actions suggested by the Delegation for Gender Equality in Working Life and the results achieved. The Committee asks the Government to take measures to collect and provide up-to-date statistical information on the distribution of men and women in the different sectors of economic activity, occupational positions and their respective levels of remuneration in the public and private sectors.

Article 2. Pay surveys and action plans for equal pay. The Committee recalls that according to Chapter 3, section 10 of the Discrimination Act, employers must carry out pay surveys every three years. Chapter 3, section 11 provides for the obligation of employers to draw up an action plan for equal pay following the survey. In this regard, the Committee notes that the Government indicates that no information on the number of plans is available. The Government further indicates that the Equality Ombudsman was charged with supervising and promoting the work of employers on pay surveys and that an examination of the work of employers on pay surveys, analysis and action plans for equal pay will be carried out during 2014. The Committee asks the Government to provide detailed information on the results of the activities carried out by the Equality Ombudsman regarding the implementation of Chapter 3, sections 10 and 11 of the Discrimination Act, with respect to pay surveys and the plans for equal pay as well as the measures taken thereon, in particular any wage adjustments implemented.

Public sector. The Committee recalls the Government’s previous statement that the “statistical job classification in the national government sector” (BESTA) provides information on the pay structure for the various types of jobs in the national government sector. The Committee asks the Government to provide a copy of the BESTA and to indicate the manner in which pay surveys are implemented in the context of the national government sector.

Article 4. Collaboration with workers’ and employers’ organizations. The Committee notes the Government’s indication that the responsibilities of the Delegation for Gender Equality in Working Life include analysing the manner in which the social partners may contribute to gender equality in employment and occupation. The Committee asks the Government to provide information on the concrete measures adopted following any recommendations from the Delegation for Gender Equality in Working Life with respect to the role of the social partners in addressing the gender pay gap. Please also provide information on any other forms of cooperation or joint activities of the Government and the social partners to promote the application of the principle of the Convention as well as on any measures taken to apply the principle of the Convention through collective agreements.

Enforcement. The Committee recalls that the Government had previously indicated that it was encountering difficulties in the investigation of complaints on pay discrimination between men and women. In this respect, the Committee notes that the Government has appointed a Commission of Inquiry (Dir. 2014:10) to submit proposals on how work against discrimination can be organised and made more efficient so that victims may assert their rights. The Committee also notes that the Equality Ombudsman received 11 complaints regarding gender pay discrimination in 2013 and eight such complaints in 2012. The Committee asks the Government to indicate any measures undertaken or envisaged, including proposals by the Commission of Inquiry (Dir. 2014:10), to improve the investigation of complaints relating to the principle of the Convention. The Committee asks the Government to continue to provide information on complaints regarding pay discrimination between men and women, including the remedies provided and sanctions imposed.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Action plans for equal pay. The Committee notes the Government’s indication that the reason for exempting enterprises of 25 or less employees from the requirement of drawing up action plans pursuant to the provision of the Discrimination Act (Chapter 3, section 11) is partly to reduce their administrative workload. However, the Government indicates that employers exempted from the obligation of drawing up action plans under the Discrimination Act are still bound to take proactive measures to promote equal rights and opportunities at the workplace, including by conducting pay surveys (wage mapping) every three years (Chapter 3, section 10). The Committee also asks the Government to provide detailed information on the number and nature of the action plans that have been developed.

Public sector. The Committee reiterates its request to the Government to provide a copy of the statistical job classification in the national government sector, and to indicate how the application of the principle of equal remuneration for men and women for work of equal value is ensured in the public sector.

Collective bargaining. The Committee asks the Government to provide information on how provisions contained in national agreements are being implemented at the local level. Please also continue to provide information on any measures taken to apply the principle of the Convention through collective agreements.

Enforcement. The Committee notes that the Equality Ombudsman, which is the body responsible for monitoring the application of the Discrimination Act (Chapter 4, section 1), has the power to initiate proceedings before the Labour Court or other courts when the employer fails to take active measures for the promotion of gender equality (Chapter 6, section 2). The Committee also notes that a financial penalty can be imposed on employers found guilty of discrimination against women (Chapter 4, sections 8–12). According to the Government, this penalty aims at providing higher levels of compensation for women who are the victims of discrimination. The Committee notes from the information provided by the Government in its report under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), that the Equality Ombudsman received approximately 15 complaints related to pay reviews in 2009. It also notes the cases of pay discrimination between men and women decided by the Labour Court and, in this connection, underlines the difficulties in the investigation of complaints, particularly in determining what constitutes a pay discrimination case. The Committee asks the Government to provide information on the measures taken to address the difficulties encountered in the investigation of complaints related to pay discrimination between men and women. The Committee also asks the Government to continue to provide information on any judicial or administrative decisions relating to the application of the principle of the Convention, the sanctions imposed and the remedies provided.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Gender wage gap and occupational segregation. The Committee notes from the Government’s report the persistence of the gender wage gap, which amounted to 15.8 per cent in 2008. In this connection, the Committee notes the Government’s indication that the gender wage gap is in part due to the following: women and men are found in different professions, sectors and positions; the presence of women in part-time employment; gender stereotypes which influence the choice of study and training programmes; parenthood which reduces women’s employment rate; and the higher rate of sickness absences for women. The Committee also notes the Government’s efforts to address pay differentials and occupational segregation in employment, including by means of a gender equality bonus, tax relief for household services to improve equal sharing of parental duties, rehabilitation guarantee to facilitate the return to work of women on sick leave, inquiries analysing gender segregation in the choice of education and measures aiming at encouraging entrepreneurship among women. These measures introduced by the Government in 2009 are part of a long-term strategy for gender equality in the labour market and the business sector. Furthermore, the Committee notes the setting up of a programme on women’s career development with a view to improving the career opportunities of women employed in the public sector; as well as two national programmes aimed at increasing the number of women on company boards. The Government also refers in its report to the provisions of the Discrimination Act, according to which employers are required to take active measures to promote equal opportunities at the workplace (Chapter 3, sections 1–13). It particularly underlines the provision requiring employers to endeavour to prevent differences in pay and other terms of employment between women and men who perform “work which is to be regarded as equal or of equal value” (Chapter 3, section 2); and encouraging them to promote equal balance of women and men in different types of work and categories, by means of education, training, skills development and other appropriate measures. The Committee asks the Government to continue to provide information on the measures taken to address the gender wage gap and occupational segregation in employment including on the impact of the long term strategy for gender equality. Please also provide information on the implementation of active workplace measures under the Discrimination Act as well as any developments in following up the recommendations of the Government commission regarding changing and strengthening the rules on active measures. Please continue to supply statistical information on the distribution of men and women in the different sectors of economic activity, occupational positions and their respective levels of remuneration.

Wage-mapping. The Committee notes that under the Discrimination Act, employers must carry out wage mapping every three years in order to identify, remedy and prevent unfair gender differences in pay and other terms of employment (Chapter 3, section 10). The employer is then to assess whether existing pay differences are directly or indirectly associated with gender. The Committee asks the Government to provide further information on the implementation of Chapter 3, section 10, of the Discrimination Act, and particularly to indicate the consequent wage adjustments implemented. Please also continue to provide information on the activities carried out by the Office of the Equality Ombudsman.

Collaboration with workers’ and employers’ organizations. The Committee notes with interest the measures taken by the Equality Ombudsman to assist the social partners in meeting their statutory requirements under the Discrimination Act: (i) the Ombudsman has compiled a manual which describes, inter alia, for social partners the methods of drawing up equal opportunity plans, wage-mapping, and preparing analyses and plans of actions; (ii) training programmes have been conducted for management and union officials on active measures with a view to creating equal rights and opportunities at the workplace, including by means of collective agreements; and (iii) a network of representatives of social partners has been established to create a platform for sharing ideas and knowledge, including on the new legislation and discrimination cases in employment. The Committee asks the Government to continue to provide information on the measures taken or envisaged to promote cooperation with workers’ and employers’ organizations with regard to the principle of the Convention.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Legislative developments. The Committee notes the entry into force on 1 January 2009 of the new Discrimination Act superseding, inter alia, the Equal Opportunities Act and the Prohibition of Discrimination Act. The Committee notes that, compared to the previous legislation, the threshold for being obliged to submit equal pay plans has increased from employers with more than ten employees to employers with more than 25 employees (Chapter 3, section 11). The Committee asks the Government to provide the reasons for increasing the threshold for equal pay plans to employers with more than 25 employees, and to indicate the measures taken to promote the application of the equal pay provisions of the Discrimination Act in enterprises of 25 or less employees. Please also continue to provide information on the adoption, implementation and impact of the action plans for equal pay.

Gender wage gap. The Committee notes from the Government’s report that in the private sector the wage gap between men and women in 2007 was 9.4 per cent for salaried workers and 5.3 per cent for manual workers. As to the public sector, the Committee notes that the differentials in remuneration were 6.3 per cent at the level of the national government and 1.2 per cent at the level of municipalities. The Committee notes the Government’s statement that the remuneration disparities between men and women result from a number of factors, including training, education and field of employment concerned. In this regard, the Committee notes that the statistical information on the distribution of men and women in the different occupational categories and sectors provided by the Government shows a concentration of women in certain jobs, such as health‑care services, where in 2008 women represented approximately 76 per cent of the workforce. The same source indicates that only 35 per cent of the managerial positions were held by women. The Committee encourages the Government to take appropriate measures to promote women’s opportunities for career development and access to a wider range of jobs and educational and vocational paths with a view to addressing the vertical and horizontal segregation of the labour market and reducing the gender wage gap. Please provide information on the measures taken in this regard and continue to supply statistical information on the distribution of men and women in the different sectors of economic activity, occupational categories and positions and their respective levels of remuneration.

Wage mapping. The Committee notes the Government’s indication that the Equal Opportunities Ombudsperson (JamÖ) carried out a broad survey of employers’ wage-mapping activities following which unfair pay differentials were identified in 44 per cent of the cases examined and consequent wage adjustments were anticipated in respect of 4,800 employees, 90 per cent of whom are women. The Committee asks the Government to continue to provide information on the wage-mapping activities carried out and the consequent wage adjustments implemented. The Committee also reiterates its requests for information on any measures taken or envisaged to promote collaboration with workers’ organization in these initiatives.

Public sector. The Committee notes the Government’s indication that the system for “statistical job classification in the national government sector” (BESTA) is intended to group jobs in the national government according to job content and difficulty. This classification is used in the context of wage statistics for the national government collective bargaining sector in order to show the different types of job existing in the national government sector and the structure of pay for them. The Committee would appreciate receiving a copy of such statistics. Noting the Government’s indication that this classification does not entail an evaluation of jobs, the Committee asks the Government to indicate how the application of the principle of equal remuneration for men and women for work of equal value is ensured in this context.

Collective bargaining. The Committee notes the information provided by the Government concerning the role of collective bargaining in achieving pay equality. It notes with interest the internal coordination between the unions affiliated to the Swedish Trade Union Organisation, which has resulted in agreed percentage pay rises in predominantly female branches of employment, such as retail trade, hotels and restaurants, and cleaning enterprises, exceeding pay rises in the public sector. The Committee asks the Government to continue to provide information on the manner in which the application of the Convention is promoted through collective agreements, including on how provisions promoting equal pay contained in national agreements are being implemented at the local level.

Enforcement. The Committee notes that during the reporting period no cases concerning discrimination in remuneration between men and women have been decided by the Labour Court. The Committee recalls that the JamÖ put forward a proposal that it be given the mandate to determine procedures for imposing fines itself rather than having to refer the issue to the Equal Opportunities Commission. The Committee reiterates its request for information on any developments concerning the status of this proposal. Please also continue to provide information on any judicial or administrative decisions concerning the application of the principle of the Convention.

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

The Committee notes the information provided by the Government in reply to its previous direct request, including the reports of the National Mediation Office, and the 2005 report of the Equal Opportunity Ombudsperson (JamÖ). The Committee asks the Government to provide information in its next report on the following points.

1. Wage mapping. The Committee notes from the information provided that the number of employers who carry out wage surveys and make pay adjustments as envisaged under the Equal Opportunities Act remains very low. It also notes JamÖ’s analysis concerning certain difficulties regarding collaboration of workers’ representatives in the wage mapping process. The Committee asks the Government to provide information on the measures taken to strengthen employers’ compliance with their wage mapping obligations under the Equal Opportunities Act. Please also provide statistical information on the extent to which private and public employers: (a) have carried out wage surveys; and
(b) made pay adjustments. Please also indicate the measures taken or envisaged to promote collaboration of workers’ organizations in wage surveys, as well as on the action taken by trade unions to coordinate issues relating to wage survey at the sectoral level.

2. Wage differentials. The Committee notes JamÖ’s conclusion that there is a clear link between knowledge of how gender-related pay differentials occur and the ability to identify and correct them. The Committee asks the Government to provide information on the steps taken to examine further the reasons for the remaining gender pay differentials, as a means to strengthen existing strategies and measures to eliminate them. Please also provide updated statistical information on the gender pay gaps in the private and public sectors.

3. Public sector. Noting that, according to the Government, the new system for statistical occupational grouping, BESTA, is intended for use in connection with wage mapping under the Equal Opportunities Act, the Committee asks the Government to provide information on the manner in which BESTA is being used in this context and to indicate its contributions to the wage mapping process.

4. Collective bargaining. The Committee notes the information provided concerning provisions contained in national agreements aimed at promoting equal remuneration. It asks the Government to continue to provide information on the manner in which the application of the Convention is promoted through collective agreements, including information on how provisions promoting equal pay contained in national agreements are being implemented at the local level.

5. Enforcement. The Committee notes JamÖ’s proposal that it be given the mandate to determine procedures for imposing fines itself rather than having to refer them to the Equal Opportunities Commission. The Committee asks the Government to indicate any measures taken to follow up on this proposal. Please also provide information on cases concerning equal pay decided by the courts.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Article 2 of the Convention. Wage mapping. The Committee notes the Government’s indication in its report that the new wage formation provisions of the Equal Opportunities Act, requiring certain enterprises to conduct annual wage mapping, have had little effect on the detection of gender-based wage differences. The Committee notes that the best results were seen in the public sector where out of 11 national authorities inspected, four were found to have unfair gender-based pay differentials, and in each case, the establishments promised to remedy the inequalities. The Committee notes, however, the Government’s statement that less has been achieved in the private sector where few pay corrections were promised following mapping surveys carried out during the mass audit of 500 private undertakings. The Committee notes that according to the Equal Opportunities Ombudsperson, the minimal impact of the wage-mapping stipulations is best explained by the inadequate implementation of the statutory provisions. The Committee therefore asks the Government to indicate what measures it plans to pursue in order to strengthen the application of the Equal Opportunities Act with respect to the annual wage-mapping obligation. It further asks the Government to provide details on the pay adjustments and other measures adopted by establishments both in the public and private sectors to remedy pay inequalities identified through the wage-mapping process. Please also continue to provide information on the results of subsequent wage-mapping exercises and their effect on securing equal remuneration for men and women for work of equal value.

2. Article 2(2)(c). Collective bargaining. The Committee notes from the Government’s report that 220 federation agreements were concluded in Sweden during the first half of 2004 and that in cases where collective agreements included pay principles, such agreements expressly provided that the principle of equal pay shall apply. The Committee also notes the information in the Government’s report that certain agreements prescribed the co-ordination of local level wage mapping and analysis of women’s pay in relation to men’s, prior to the commencement of negotiations. The Committee encourages the Government to continue providing information on collective agreements negotiated within the country and, in particular, to supply detailed information on the provisions under these agreements relating to the principle of equal remuneration and the coordinated plans negotiated in the context of wage mapping. Please also provide information on the activities of any joint working parties established through collective bargaining to assist in efforts to eliminate unjustified wage differences between men and women.

3. Pay differentials between men and women. The Committee notes the statement from the annual report published by the National Mediation Office in 2004 that over the past ten years, the pay gap between the sexes has remained largely unchanged and that this difference primarily reflects gender segregation in the labour market and the fact that jobs traditionally dominated by women are lower paid. In this respect, the Committee is encouraged by the work of Statistics Sweden (SCB) to develop more refined occupational classifications (four-digit coding), which will presumably improve the possibility of accounting for these differentials between women and men. However, the Committee notes the statement of the Mediation Office that the statistics do not show whether pay gaps are unwarranted or discriminatory because they merely reveal differences in pay between the various occupational categories and across sectors. The Mediation Office indicates that in order to show gender wage discrimination in the legal sense (i.e. under the Equal Opportunities Act), it is necessary to compare work that is being carried out for the same employer. The Committee wishes to remind the Government that although rectifying unjustifiable pay gaps between men and women in the same enterprise is an important objective, the principle of equal remuneration for work of equal value as expressed in the Convention extends beyond cases where work is performed in the same establishment, as well as beyond jobs performed by both sexes. In applying the principle of the Convention, the reach of the comparison between the jobs performed by men and women should be as wide as allowed by the level at which wage policies, systems and structures are coordinated (see General Survey on equal remuneration, 1986, paragraph 22). The Committee asks the Government how it intends to address wage differentials between men and women employed in jobs of equal value beyond the enterprise level. It also asks the Government to indicate what progress the SCB has made in gathering four-digit occupational data as well as information on its standard weighting methods for determining wage differentials, which take into account factors such as occupation, age, working time, education and the geographic location of the job.

4. Pay differentials in the public service. The Committee notes from the Government’s report that within the public service, the Basic Agreements for 2002-04 state that the parties at central level agreed to work together to achieve a more even balance of the sexes in all employment categories within the national government service, thereby reducing the pay differentials between men and women. Noting the Government’s indication that this work is now in progress within the bipartite Development Council for the Government Sector, the Committee asks the Government to provide information on the developments and outcomes of the Council’s work and its measured effects on the still unexplained pay differential of 1.8 per cent (2003) in favour of male government employees.

5. Article 3. Job appraisals. The Committee notes the information in the Government’s report that it is difficult to speak with certainty about the effect of both the Lönelots and HAC job evaluation systems on the implementation of the principle of equal remuneration. With regard to its previous comments, the Committee reiterates its request to the Government to provide information with its next report on the progress made through these measures and related promotional activities, particularly among smaller enterprises that are not party to a collective agreement or that are not obliged under the Equal Opportunities Act to prepare an annual plan of action for equal pay.

6. Article 4. Cooperation with workers’ and employers’ organizations. Referring to the Government’s previous report (2002), the Committee notes that since 2001, the Ombudsperson has undertaken information and education measures to assist the social partners in meeting their obligations under the Equal Opportunities Act, with a special emphasis on wage mapping. The Committee notes the information in the Government’s report that there has been a large demand for advisory services and information from employers and union representatives with respect to wage mapping and that unions have reported problems concerning their role in these exercises given inadequate central guidelines and a lack of locally devised routines. Noting that the Ombudsperson considers increasing the knowledge, understanding and commitment of the social partners with respect to wage mapping to be a vital factor in the successful promotion of equal remuneration between men and women, the Committee asks the Government to indicate what impact its promotional activities have had thus far and whether it is considering additional measures to strengthen the capacity of the social partners to participate effectively in these wage-mapping exercises.

7. Part IV of the report form. Judicial decisions. The Committee notes that in response to its previous comments on cases relating to equal value, the Government indicates that the objective factors of market, age and collective agreement were the reasons for which the Labour Court held that sex discrimination in pay had not been established, despite the fact that the jobs being compared were deemed to be of equal value. The Committee asks the Government to elaborate on the reasoning of the Labour Court in this regard and to continue to include information on other cases involving questions of principle relating to the application of the Convention.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that the Government’s report has not been received. Recalling its 2002 observation, it asks the Government to provide information on the impact of the Act prohibiting discrimination against part-time workers and workers with fixed-term contracts (Act No. 293 of 2002) on closing the average earnings gap between men and women, The Committee hopes that a report will be supplied for examination at its next session and that the report will also contain full information on the matters raised in the Committee’s previous direct request, which read as follows:

1. Further to its observation concerning the amendments adopted recently by Act No. 733 of 2000 to the Equal Opportunities Act (Act No. 433 of 1991), the Committee notes the Government’s statement that these amendments are intended to support the efforts of the social partners to rectify more rapidly pay differentials due to gender. With respect to the obligation of employers to prepare annual equality plans, including wage mapping, it notes from the Government’s report under Convention No. 111 of January 2002 that the Equal Opportunities Ombudsman examined around 500 equality plans between 2000 and mid-2001 and found that the equality plans were often deficient, especially in the matter of wage mapping. It notes the Government’s statement that in response the Equal Opportunities Ombudsman has carried out extensive training for trade union representatives, and since January 2001, has undertaken additional information and education measures to disseminate information to employers and workers associations respecting the obligation to carry out annual wage mapping. It also notes the statement that nearly 10,000 private enterprises have been reminded of their duty under the Equal Opportunities Act and that 500 have been selected for scrutiny of their action plans for equal pay for men and women workers for work of equal value. The Committee asks the Government to provide information with its next report on the manner in which the equal opportunities plans and wage mapping are being implemented in practice and the results obtained.

2. The Committee further notes the introduction of the opportunity for employees’ associations to ask the Equal Opportunities Commission for a writ of subpoena against employers who are not fulfilling their obligations and the shift in the burden of proof to the employer in discrimination cases together with the consequent amendment to the Act respecting the judicial procedure to be followed in labour disputes (Act No. 371 of 1974). Please provide information on the impact of these amendments on equal pay cases.

3. Noting from the Government’s report that three-year collective agreements were concluded at the level of national federations for most of the labour market in 2001, the Committee notes the Government’s statement that the National Mediation Office finds that the social partners at the central level share a declared intent to achieve results and that a large number of organizations have compiled guides on equal pay of their own. In this respect, it notes the Government’s statement that unions (within the domain of the Industrial Agreement and the Salaried Employees’ Union (HTF)) raised the issue that the cost of rectifying unjustified pay differentials between men and women workers should not be deducted from the resources available for pay settlements. The Committee asks the Government to provide detailed information with its next report on the funds that are to be used for compensating pay differences in cases where unequal remuneration for men and women workers for work of equal value has been identified.

4. The Committee notes the Government’s statement that as from 1 January 2001 the National Mediation Office is the national authority responsible for official wage statistics and that statistical information is compiled by Statistics Sweden (SCB). It notes with interest the additional efforts undertaken by SCB to combat inequalities in remuneration through the compilation of data that also incorporate a realistic appreciation of wage inequalities. The Committee notes that the Government has commissioned for 2004 a more refined occupational classification system in order to detect pay inequalities more effectively and asks the Government to provide information with its next report on the progress achieved by SCB in respect of occupational classification, including copies of any relevant publications, and to continue providing statistical information.

5. The Committee notes the Government’s statement that the Lönelots (Wage pilot) and HAC system (the basic pay evaluation model developed from the Löv programme) have been fully operational since the beginning of 2001. It notes that this system is designed to meet the demand for a method suitable for smaller enterprises with limited resources for development work of their own and that it provides a method for analysing wage differentials more closely. The Committee notes that both the publications Work evaluation: Theory, practice and critics and Equal opportunities analysis of pay differentials - Step by step can be downloaded free of charge from the Equal Opportunities Ombudsman’s web site. The Committee asks the Government to provide information with its next report on the progress made through this project in implementing the principle of equal remuneration for men and women workers for work of equal value.

6. The Committee notes the information provided by the Swedish Agency for Government Employers indicating that the findings of the report of May 2002 entitled Small unfair pay differentials between men and women in national government, show an unexplained pay differential of 1.8 per cent between men and women workers and that this is due to fewer women holding senior appointments. It notes the statement that, if allowance is made for changes in the structure of national government appointments, this unexplained pay differential declined between 1995 and 2000. The Committee also notes that measures are being adopted to achieve a more equal gender balance at all levels in the national administration and asks the Government to provide information with its next report on the results obtained and a copy of any relevant publications, including the above report.

7. The Committee notes the information supplied by the Government on the number and outcome of pay discrimination cases brought before the Labour Court including cases involving equal value. It notes that, in a number of cases, whilst the jobs being compared have been deemed to be of equal value, the Court has nevertheless held that, on objective grounds, sex discrimination in pay had not been established. The Committee asks the Government to provide information about the objective grounds which have been established and which have prevented an award of equal pay for work deemed to be of equal value to the complainant. It also asks the Government to continue to provide information on other cases involving the principle of equal remuneration for men and women workers for work of equal value.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information in the Government’s report and the attached documentation. It asks the Government to provide additional information on the following points.

1. Further to its observation concerning the amendments adopted recently by Act No. 733 of 2000 to the Equal Opportunities Act (Act No. 433 of 1991), the Committee notes the Government’s statement that these amendments are intended to support the efforts of the social partners to rectify more rapidly pay differentials due to gender. With respect to the obligation of employers to prepare annual equality plans, including wage mapping, it notes from the Government’s report under Convention No. 111 of January 2002 that the Equal Opportunities Ombudsman examined around 500 equality plans between 2000 and mid-2001 and found that the equality plans were often deficient, especially in the matter of wage mapping. It notes the Government’s statement that in response the Equal Opportunities Ombudsman has carried out extensive training for trade union representatives, and since January 2001, has undertaken additional information and education measures to disseminate information to employers and workers associations respecting the obligation to carry out annual wage mapping . It also notes the statement that nearly 10,000 private enterprises have been reminded of their duty under the Equal Opportunities Act and that 500 have been selected for scrutiny of their action plans for equal pay for men and women workers for work of equal value. The Committee asks the Government to provide information with its next report on the manner in which the equal opportunities plans and wage mapping are being implemented in practice and the results obtained.

2. The Committee further notes the introduction of the opportunity for employees’ associations to ask the Equal Opportunities Commission for a writ of subpoena against employers who are not fulfilling their obligations and the shift in the burden of proof to the employer in discrimination cases together with the consequent amendment to the Act respecting the judicial procedure to be followed in labour disputes (Act No. 371 of 1974). Please provide information on the impact of these amendments on equal pay cases.

3. Noting from the Government’s report that three-year collective agreements were concluded at the level of national federations for most of the labour market in 2001, the Committee notes the Government’s statement that the National Mediation Office finds that the social partners at the central level share a declared intent to achieve results and that a large number of organizations have compiled guides on equal pay of their own. In this respect, it notes the Government’s statement that unions (within the domain of the Industrial Agreement and the Salaried Employees’ Union (HTF)) raised the issue that the cost of rectifying unjustified pay differentials between men and women workers should not be deducted from the resources available for pay settlements. The Committee asks the Government to provide detailed information with its next report on the funds that are to be used for compensating pay differences in cases where unequal remuneration for men and women workers for work of equal value has been identified.

4. The Committee notes the Government’s statement that as from 1 January 2001 the National Mediation Office is the national authority responsible for official wage statistics and that statistical information is compiled by Statistics Sweden (SCB). It notes with interest the additional efforts undertaken by SCB to combat inequalities in remuneration through the compilation of data that also incorporate a realistic appreciation of wage inequalities. The Committee notes that the Government has commissioned for 2004 a more refined occupational classification system in order to detect pay inequalities more effectively and asks the Government to provide information with its next report on the progress achieved by SCB in respect of occupational classification, including copies of any relevant publications, and to continue providing statistical information.

5. The Committee notes the Government’s statement that the Lönelots (Wage pilot) and HAC system (the basic pay evaluation model developed from the Löv programme) have been fully operational since the beginning of 2001. It notes that this system is designed to meet the demand for a method suitable for smaller enterprises with limited resources for development work of their own and that it provides a method for analysing wage differentials more closely. The Committee notes that both the publications Work evaluation: Theory, practice and critics and Equal opportunities analysis of pay differentials - Step by step can be downloaded free of charge from the Equal Opportunities Ombudsman’s web site. The Committee asks the Government to provide information with its next report on the progress made through this project in implementing the principle of equal remuneration for men and women workers for work of equal value.

6. The Committee notes the information provided by the Swedish Agency for Government Employers indicating that the findings of the report of May 2002 entitled Small unfair pay differentials between men and women in national government, show an unexplained pay differential of 1.8 per cent between men and women workers and that this is due to fewer women holding senior appointments. It notes the statement that, if allowance is made for changes in the structure of national government appointments, this unexplained pay differential declined between 1995 and 2000. The Committee also notes that measures are being adopted to achieve a more equal gender balance at all levels in the national administration and asks the Government to provide information with its next report on the results obtained and a copy of any relevant publications, including the above report.

7. The Committee notes the information supplied by the Government on the number and outcome of pay discrimination cases brought before the Labour Court including cases involving equal value. It notes that, in a number of cases, whilst the jobs being compared have been deemed to be of equal value, the Court has nevertheless held that, on objective grounds, sex discrimination in pay had not been established. The Committee asks the Government to provide information about the objective grounds which have been established and which have prevented an award of equal pay for work deemed to be of equal value to the complainant. It also asks the Government to continue to provide information on other cases involving the principle of equal remuneration for men and women workers for work of equal value.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

1. The Committee notes with interest the continued efforts made by the Government, and in particular the amendments contained in Act No. 733 of 2000 to the Equal Opportunities Act (Act No. 433 of 1991), introducing the obligation on employers, for enterprises with more than ten employees, to prepare wage mapping on an annual basis as part of their annual equal opportunities plan in order to detect any wage differences due to gender. It notes that employers have to prepare an action plan to remedy any identified pay discrimination and, in particular, that they have an obligation to remedy any wage inequalities within three years at the latest. It notes the Government’s statement that the preparation of wage mapping has to focus on differentials between men and women workers performing work of equal value, in particular on comparing different groups of employees doing work which is, or is customarily considered to be dominated by women, and employees performing work which is not, or is not usually considered to be, dominated by women. It also notes with interest the amendment introducing the opportunity for employees’ associations which are bound by a collective agreement with an employer, to obtain information about the wages of individual employees from the employer in order to assist in combating pay inequalities and the consequent amendment of the Secrecy Act (Act No. 100 of 1980). The Committee asks the Government to provide detailed information with its next report on the practical impact of the legislative amendments on the application of the principle of equal remuneration for men and women workers for work of equal value, with particular reference to the results obtained and the difficulties encountered in practice with the process of wage mapping.

2. The Committee also notes with interest the adoption of the Act prohibiting discrimination against part-time workers and workers with fixed-term contracts (Act No. 293 of 2002) to implement Directives 97/81/EU and 1999/70/EU and in particular the obligations to pay equal wages to part-time or fixed-term men and women workers for work of equal value and the compensation to be granted in the event of violations of the Act. The Committee asks the Government to provide information with its next report on the impact these new laws have had on closing the average earnings gap between men and women which, according to the Government’s report, has remained at 18 per cent since 1996.

The Committee is raising other points in a request addressed directly to the Government.

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

1.  The Committee notes the introduction on 31 May 2000 of Bill 1999/2000:143 to amend the Equal Opportunities Act, 1991, in order to harmonize the Act with other legislation prohibiting discrimination at work. The Committee notes with interest that the Bill includes a definition of the term "equivalent work" and requires employers and workers to promote equal opportunities for pay improvement for men and women. The Committee notes that, in addition to requiring employers to prepare annual equal pay action plans, the bill also requires employers to supply employee organizations, with whom they have a collective agreement, with the information necessary to permit those organizations to participate in the mapping and analysis of pay systems and pay differentials as well as in the preparation of the action plan. The Committee asks the Government to keep it informed of the status of the Bill and to forward a copy to the Office once it is adopted.

2.  The Committee refers to its previous comments concerning the pay disparity between women and men in county councils, where the Committee noted that the disparity increases with age and level of education. Recalling once again that women and men should benefit equally from greater experience and seniority, the Committee reiterates its request that the Government indicate the measures taken or contemplated to address the underlying causes for the persisting wage differences between men and women employed in county councils and to reduce or eliminate them.

3.  The Committee had previously noted the Working Life Institute’s special research and development programme on "Wage Formation and Job Evaluation" (LÖV). In this respect, the Committee notes the information supplied by the Government on the HAC system, the basic pay evaluation model developed through the LÖV programme. The Government indicates that the LÖV programme has demonstrated that the shift from collective agreements to local and individual wage setting in local government has enabled women to become more closely involved in wage setting as workplace representatives, union representatives and supervisory staff. It has also demonstrated the feasibility of establishing a basis in the workplace itself for the promotion of non-discriminatory wage setting. The Committee notes that the LÖV programme has been followed up through the Lönelots (Wage Pilot) programme, a two-year job evaluation project developed by the Equal Opportunities Ombudsman to promote the principle of equal pay. The Government indicates that, as individually differentiated rates of pay are the prevailing principle of wage setting in the country, the project is aimed at developing and communicating methods of gender-neutral job evaluation and individual assessment of qualifications for all wage components bearing on an individual’s rate of pay. The Committee would be grateful if the Government would keep it informed of developments in the framework of the Wage Pilot project and of progress made through this project in implementing the principle of equal pay.

4.  With regard to its previous comments concerning the Equal Opportunities Ombudsman’s review of equal opportunities plans prepared by employers, the Committee notes that a survey conducted by the Ombudsman and SCB in 1999 showed that many employers have failed to prepare such plans. Moreover, the Ombudsman’s examination of over 500 employer plans revealed that the plans often omit one or more of the criteria established in the Act, particularly quantifiable objectives and concrete proposals. Noting that the Ombudsman has conducted two training and review projects focusing on cooperation with trade union organizations, the Committee asks the Government to indicate any additional measures taken to promote employers’ understanding of and compliance with the requirements of the Act in respect of the formulation of equal opportunities plans, particularly with regard to wage mapping.

5.  The Committee notes the information provided by the Government with regard to a test case brought by the Equal Opportunities Ombudsman before the Equal Opportunity Commission (EOC), in which the Ombudsman requested that a subpoena be issued against an employer who had not carried out wage mapping as required by the Equal Opportunities Act, 1991. The dispute concerned the manner in which the wage comparison should be carried out and the right of trade unions to have access to information on the salaries of persons other than their own members. The Government indicates that, in December 1998, the EOC declined to issue the subpoena, holding that employers were under no obligation to supply particulars of the salaries of individual employees to the union organizations representing other employees of the company. The Committee notes that, in the event of the adoption of Bill 1999/2000:143, the trade unions would have greater access to salary information. The Government is asked to continue to supply information on all developments in this regard.

6.  The Committee notes the information supplied by the Government on the number and outcome of pay discrimination cases brought before the Equal Opportunities Ombudsman. It also notes the information provided regarding the status of the pay discrimination cases pending before the labour courts. In respect of its earlier comments, the Committee notes the Government’s clarification regarding pay discrimination case AD/1998 No. 66, Equal Opportunities Ombudsman v. Örebro County Council. Noting from the report that case No. 66 is still pending in the labour court, the Committee would be grateful if the Government would keep it informed with regard to the outcome of the case and provide a copy of the text of the final decision once it is handed down.

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

The Committee notes the information contained in the Government’s report as well as the supplementary documentation provided. It also notes the comments of the Swedish Agency for Government Employers and the Swedish Trade Union Confederation (LO).

1.  The Committee notes that, according to data provided by Statistics Sweden (SCB), existing differences between men’s and women’s earnings have not diminished in the 1990s. The report indicates that women’s earnings in 1997 averaged 83 per cent of men’s. Pay differentials were greater in the public sector than in the private sector. The wage gap was largest in county councils, where women’s pay was 71 per cent of men’s. In the private sector, the pay of female salaried employees was 75 per cent of men’s pay. The wage gap was narrower for manual workers in the private sector, where women’s pay was 89 per cent of men’s. The Government attributes the pay differentials in general to differences in training, occupation and position. The Government states that pay differentials in individual sectors are partly due to the different occupations in which women and men are concentrated, for example, in the county councils, where the majority of nurses are women and the majority of doctors are men. The Committee notes that, according to the SCB, when allowance is made for training, occupation and age, female salaried employees in the private sector earned 93 per cent of men’s pay. However, the Government indicates that the pay differential for women and men in the same occupation varies from one sector to another, with women’s pay equalling 78-79 per cent of men’s pay among business economists, sales staff and brokers. Thus, the Government states that there are some pay differentials which cannot be attributed to factors such as training, occupation or age.

2.  The Committee notes from the report that the frame funding system, introduced in 1993-94, required national authorities to give an account of efforts made to chart and eliminate unfair pay differentials between women and men. The Government indicates that its analysis of the pay policies of national authorities shows women to have a consistently lower average rate of pay than men. Further, the Government states that women have consistently received smaller pay increases than men. The Government indicates that this is due in part to the fact that higher-level employees, a category in which women are under-represented, tend to receive bigger pay increases. In this respect, the Swedish Agency for Government Employers, which provides support for wage setting in the national administration, states that the annual statistics which it compiles on the earnings of salaried staff of the national administration show that women’s average pay improvements between 1998 and 1999 were higher than men’s, particularly at the senior levels.

3.  The LO indicates that there is a high level of gender equality in Sweden, with Swedish women being equally represented in decision-making bodies and in the workplace. The LO attributes existing pay inequalities to gender-based occupational segregation in the labour market, noting that women mainly work in the public and commercial sectors, where wages are lower. The LO recommends that measures be taken to reduce or eliminate gender divisions in the labour market as well as to increase women’s access to training that would permit them to advance in their employment. The LO does not feel that direct salary discrimination is frequent and considers that individual cases are immediately corrected when identified.

4.  The Swedish Agency for Government Employers indicates that the central collective bargaining parties in the national government sector have, for some years, been in agreement that pay equality is a priority issue, and the parties at both the central and local levels of the administration have been active in working towards achieving pay equality. In this respect, the Agency indicates that it has produced a computer program for wage mapping, to assist national authorities to avoid unequitable wage differentials between men and women. The Committee would appreciate receiving additional information regarding the nature of the program, the manner of its implementation and the results achieved.

5.  The Committee notes the various measures taken by the Government to reduce pay differentials between women and men. It notes that the National Institute for Working Life, in association with the SCB, has begun work on developing pay statistics to serve as a basis for a more in-depth analysis of pay differentials between women and men. The Committee further notes that the SCB is exploring the feasibility of an individually based occupational register, designed to enhance the comparability of different jobs in connection with analyses of gender-based pay differentials. Noting that pay differentials can be effectively reduced through a combination of measures, the Committee would be grateful if the Government would continue to provide information on all initiatives taken or contemplated relevant to application of the principle of equal remuneration and to indicate progress made in this regard.

6. The Committee is addressing a request directly to the Government on other points.

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

The Committee notes the detailed information provided by the Government in its report and the attached documentation, including statistics.

1. The Committee notes from the data provided by Statistics Sweden (SCB) that overall the wage gap between men and women increases with age and level of education and that wage differences are particularly significant for private sector white collar employees. Data also show that, except for pre-school teachers and recreational teachers, women's average salary continues to be lower than men's in all occupational groups and particularly for finance and sales associate professionals in the public sector and for engineers and technicians employed in both the public and private sectors. Furthermore, wage differences are greater in male-dominated occupations (women's salary as a percentage of men's ranging from 79 to 92 per cent), than in female-dominated occupations. The SCB data also indicate that, while women have a proportional higher level of education, they continue to hold a lower share (women and men hold 26 and 74 per cent respectively of managerial posts in 1995) of managerial positions in the different sectors of the national economy. Moreover, in 1995, average monthly salaries of women managers were lower (and in many cases much lower) than male managers in various age and educational groups. The Committee notes this information. The Committee draws the attention of the Government to these wage differences and the need to make a concerted effort to reduce these differentials through a wide range of measures, particularly for those occupational groups where pay differences are highest as well as for managerial and senior posts. Preferably, such measures should include general initiatives to promote equal opportunity and treatment of men and women in the labour market which contribute to reducing the wage gap and facilitating the application of the principle of the Convention.

2. Further to its previous observation concerning information provided by the Federation of County Councils, the Committee notes from the data provided by SCB that wage differentials continue to be significant amongst employees in county councils (with women earning 71 per cent of men's earnings in 1996). The statistics confirm earlier findings that wage differences between men and women in county councils are increasing with age and level of education and that wage differences are particularly high for levels 6 (post-secondary education of three years and more) and 7 (post-graduate education). The Committee recalls that women should benefit equally with men from increased experience and seniority and requests the Government to indicate the measures taken or contemplated to address the underlying causes for the persisting wage differences between men and women employed in county councils.

3. Further to its previous comments with regard to the implementation of sections 9(a) and 11 of the Equal Opportunities Act, 1991, which require employers to review annually the existence of pay differentials between men and women and to include the results of this pay survey in the equality plan, the Committee notes that Equal Opportunities Ombudsman (J mO) has required the Church of Sweden, the Swedish Armed Forces, the biggest advertising companies, the banks and insurance companies and employment agencies, to present their equal opportunity plans. The Committee requests the Government to indicate the impact that the inclusion of equal pay survey results in equality plans has had on reducing the wage differentials. The Committee notes that in this regard proceedings have been filed against one employer before the Equal Opportunity Commission (EOC), concerning whether or not trade unions may have access to information on an employee's pay in the context of the annual reviews on pay differentials by private sector employers. The Committee looks forward to receiving information on the decision of the EOC in the abovementioned equal pay case which, according to the Government was due to be tried in autumn 1998.

4. With regard to the work undertaken by the Working Life Institute under the special research and development programme "Wage Formation and Job Evaluation", the Committee notes with interest that work on the basic pay evaluation system, known as the HAC system, has been completed in 1997. It notes the Government's statement that the system takes the form of a basic job evaluation model for use at many workplaces, provides a structure and defines factors and aspects in general terms. Furthermore, according to the Government, the system is not instantly applicable to any field of employment but has to be supplemented and adapted to the activity concerned. The HAC system was tested in several different fields and its results were published in exhaustive reports. The Committee notes this information and requests the Government to furnish a copy of the new pay evaluation (HAC) system, as well as copies of the reports on the tests activities, and to provide information on the impact of the HAC system in reducing pay differentials between men and women. Recalling the concerns raised previously by the Swedish Employers' Confederation (SAF) regarding the suitability of job evaluation to meet the future needs of a good pay structure the Committee requests information on whether methodologies other than job evaluation have been developed to promote and ensure the application of equal pay for work of equal value.

5. Further to its previous comments on the problem of lacking access to information necessary for equal pay claims and the difficulties posed by indirect discrimination, raised by the Swedish Trade Union Federation (LO), the Committee notes the Government's statement that the analytical base concerning women's and men's pay has been reinforced as a result of the Government placing MSEK 2 (method of objective evaluation of jobs) at the disposal of the Working Life Institute. It requests the Government to provide information on the measures taken or contemplated to overcome the problem of lacking access to information necessary for resolving equal pay claims.

6. The Committee notes the information furnished by the Government on cases brought before the Labour Court. The Committee also notes that the Swedish Labour Court has referred a case on pay discrimination (A 190/97) to the European Court of Justice to obtain a preliminary ruling on a particular question. The Committee understands from information received from the European Commission that, with regard to a case before the Labour Court concerning female birth attendants comparing themselves with a male X-ray technician (all employed by the County Council of Stockholm), the Court has requested the European Court of Justice for a preliminary ruling concerning the interpretation of the question which criteria should be used by national courts when deciding whether jobs are of equal value. The Labour Court was expected to take a decision in this matter in 1999. The Committee requests the Government to clarify whether the above cases concern one and the same case. It considers the above case of considerable importance to the application of the principle of equal pay for work of equal value in Sweden and requests the Government to provide information on the preliminary ruling of the European Court of Justice and the decision of the Labour Court, as well as to furnish copies of the decisions. The Committee would be grateful if the Government would continue to provide such information in its next report.

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

The Committee notes the detailed information provided by the Government in its report and attached documentation. It also notes the comments furnished by the Swedish Employers' Confederation (SAF), the Federation of Swedish County Councils and the Swedish Trade Union Confederation (LO).

1. The Committee recalls that under the provisions of the Equal Opportunities Act, 1991, plans aimed at promoting equality, which are to be drawn up each year by employers of more than 9 employees, are to contain a summary of the measures needed at the workplace in a number of specified areas and are to indicate which of those measures the employer intends to commence or implement during the coming year. In 1994, a new provision concerning equal pay was introduced into the Act to require employers to review annually the existence of pay differentials between men and women, both in different types of work and for different categories of employees (section 9a). An outline of these findings and the measures warranted by the review are also to be included in the equality plans (section 11). The Committee also notes from the comments of the SAF that if and when the results of the pay survey indicate a need for a more detailed study and analysis, the employer is free to decide the details of how such a study should be performed, after consulting the workers' representatives. The SAF also wishes to stress that, under the Act, job evaluation is not required to survey pay differentials, to correct imbalances in wages between the sexes or to create a wage structure free of discrimination. The SAF states that, based on its experience, generalized job evaluation is not a suitable measure to meet the future needs of a good pay structure.

2. The Committee notes that the Government and, more particularly, the Equal Opportunities Ombudsman has, on the contrary, encouraged this tool among the strategies designed to reduce wage gaps based on the sex of the worker and, in this regard, has published handbooks on wage discrimination and job evaluation which are intended to serve as practical guidance for employers and trade unions. Noting the action taken by the Ombudsman regarding the presentation of equality plans by employers under the Act, the Committee would be grateful if the Government would provide such information on the implementation of sections 9a and 11 of the Act.

3. The Committee notes with interest that, in response to Parliament's call for special action to be taken in regard to wage discrimination involving work of equal value, the increased activities of the Equal Opportunities Ombudsman have resulted in the number of complaints by individuals rising from about 30 in 1993 to about 700 in 1996, a figure which includes complaints filed by groups of female employees, especially in the health sector. The Committee notes, in this regard, the detailed information furnished by the Government on the two cases concerning equal pay for work of equal value that the Ombudsman has taken to the Labour Court. It would be grateful if the Government would continue to provide such information, particularly on the outcome of the Labour Court cases

4. The Committee also notes with interest that in 1994, the Work Environment Fund was commissioned by the Government to "set aside funding for research, development and knowledge dissemination on the subjects of wage formation, job valuation and pay differentials between women and men". This assignment, which was organized under a special research and development programme, "Wage Formation and Job Valuation" was transferred to the Working Life Institute in 1995 and will continue through 1997. The Committee looks forward to receiving information on the work undertaken in this programme.

5. The Committee notes the report of Statistics Sweden analysing the use of official pay statistics to assess equality of opportunity. This report states that labour market statistics should provide a basis for describing various differences and for analysing different types of discrimination and should be based on job variables (for which a detailed job classification is important), personal variables (such as age, sex, education, seniority ) and corporate variables (type of business, sector, size of the establishment etc.). Commenting on this report, the Federation of County Councils points to the complexity of reporting and analysing gender statistics. The Federation states that although in county councils women earn, on average, 74 per cent of men's earnings, women earn more in ten of 19 groups. According to the Federation, where women earn less than men, it is a question of age; at the lower ages, the situation is more equal. The Committee observes that the Federation does not explain why the wage gap between men and women should widen as women age, since in theory they should benefit equally with men from increased experience and seniority. The Federation's own statistical analyses indicate, however, that occupations dominated by women are, in general, paid less than those of men. The LO has addressed other difficulties faced in securing equal remuneration. It notes that the issue of indirect discrimination is a concept that is difficult to handle in litigation. In addition, the LO stresses the difficulty of gaining access to all information in a discrimination case, as most of the information required is in the hands of the employer; the LO is concerned to have this issue better clarified and implemented in the national legislation. The Committee observes that it has often referred to these various matters, both in the comments addressed to governments on the application of the Convention and in its general surveys on the Convention. The problem of lacking access to information necessary for equal pay claims and the difficulties posed by indirect discrimination are, to some extent, alleviated by the reversal of the burden of proof. Moreover, as the Committee has stated on many occasions, and most recently in its 1996 Special Survey on Equality in Employment and Occupation (paragraph 305), the creation of a general context of equality is necessary if the impediments to equality are to be overcome and if real and sustained progress is to be made.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

1. The Committee notes the detailed information provided by the Government in its report in reply to the previous direct request, in particular concerning the action taken, in accordance with the 1991 Equal Opportunities Act, by the Equal Opportunities Ombudsman (requesting employer reports on equal opportunity plans; investigating one case of discriminatory wage fixing which was withdrawn for settlement by the parties).

2. The Committee notes with interest the 1993 report of the special investigator appointed by the Government to study sex-based wage differentials and propose ways of overcoming pay discrimination between men and women. The report confirms that the sex-based wage gap seems to have widened in 1991. While stressing that there is no simple solution, it sets out seven recommendations: strengthening the legislation to require employers to ascertain whether there are any pay differentials and the reasons for them; changing the parental insurance scheme in order to encourage genuine sharing of paid parental leave; systematic job evaluation; recording pay statistics with a breakdown by sex and having these statistics available at the enterprise level for collective bargaining and the annual equality plans; clear and well-known pay systems and pay-setting principles at all levels of the negotiation structure; giving priority to equal pay in collective bargaining; and improved education, information and moulding of opinion.

3. The Committee requests the Government to inform it of the outcome of this report, and its impact on sex-based wage differentials, which currently (1992 figures) run at 90 per cent of men's wages for female private sector manual workers, 77 per cent for female private sector salaried workers, 85 per cent for female national government employees, 88 per cent for female municipal employees, and 73 per cent for female county council employees.

4. The Committee notes that the Government queries, on the basis of the inadequacy of the input data, a statement in the Committee's previous direct request that men benefit more than women from the new system of individualized wage setting in the public sector. The Committee would clarify that it was referring to the conclusion reached by Statistics Sweden, cited in the Government's 1992 report. It would appreciate receiving further information regarding the outcomes achieved within this new wage-setting system, particularly any details showing its impact on wage differentials between men and women.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

1. The Committee notes the information provided by the Government in its report, including the detailed statistical data, as well as the comments of the Swedish Council of Local Authorities and the Federation of Swedish County Councils.

2. While the Swedish Council of Local Authorities confirms the information in the Government's report concerning the 1993 Outline Agreement on Rates of Pay, etc. for National Government Employees which imposes on the parties at local level a special duty to ensure that pay differentials between women and men are gender neutral, the Federation of Swedish County Councils criticizes the statistical methodology and statistical analysis concerning county council employees. It considers that because the pay tables supplied by Statistics Sweden lack particulars of occupation, duties or age, they cannot be used to assess pay differentials between men and women in relation to education, actual work done and age. The Committee notes, however, that the Government's report does contain pay statistics for county council employees by educational level. This is supplemented by the statistics in the report which the Government commissioned from Statistics Sweden, entitled "Top salaries", which shows the average salary of women managers in county councils as a percentage of men's salaries, taking into consideration men's and women's dissimilarities in age and education through "standard weighting". These figures show that even accounting for differences in age and education, female managers in county councils continue to earn only 79 per cent of the salary of males occupying the same positions, compared to 86 per cent and 89 per cent at the level of central government and municipalities respectively.

3. The Committee welcomes the extracts of recently concluded collective agreements, supplied by this employer body, which include equal opportunities provisions. This confirms the information provided in the Government's report concerning the efforts, along the lines of Article 4 of the Convention, to promote the application of the principle of equal remuneration for work of equal value and to decrease the gaps noted above. The Government's report mentions, in particular, agreement at the level of national government employment for joint efforts towards developing systems for comparing equivalent jobs which resulted in the "TNS" (Tjangsgoringsnomenklatur for staten) classification system; the publication of gender-related TNS-based statistics for the first time in 1992; and the testing of local job evaluation systems against the "equal value" concept, to be evaluated by the parties at the central level. Measures such as these help, in the Committee's opinion, to promote the implementation of Article 1 of the Convention. The Committee looks forward to receiving follow-up information on the central-level evaluations, promised for the Government's next report on this Convention.

4. The Committee is addressing a request directly to the Government on other points.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

With reference to its previous comments, the Committee notes the detailed information provided in the Government's report, including the statistical data and case law, and the observations supplied by the Swedish Trade Union Confederation (LO).

1. The Committee notes with interest the adoption of the Equal Opportunities Act, No. 443 of 30 May 1991, section 2 of which requires employers and workers to cooperate to attain equality at work and to endeavour to eliminate pay differentials between women and men who perform equal work or work considered to be of equal value. Section 18 states that "(p)rohibited sex discrimination shall be deemed to occur where an employer offers lower pay or other less favourable conditions of employment to workers of either sex performing work which is equal, or considered to be of equal value in the labour market, to work performed by workers of the opposite sex." Section 18 further provides that sex discrimination does not exist if the employer establishes that the different conditions of employment are related to the worker's actual qualifications, or that they are not in any way directly or indirectly related to the worker's sex. The Committee requests the Government to provide information on the application in practice of the provisions of the Equal Opportunities Act concerning the principle of equal remuneration for work of equal value, in particular the enforcement activities of the Equal Opportunities Ombudsman and the Equal Opportunities Board.

2. The Committee notes the statistical data which have been supplied concerning the pay differentials between men and women. It notes, according to Statistics Sweden (SCB), that pay differentials between men and women exist in both the private and public sectors because of the sex segregated labour market in which men are overwhelmingly employed in jobs paying more than those in which women are employed, and that the increase in pay differentials between women and men in the public sector noted during the second half of the 1980s could be a result of the new pay systems, namely individualized wage-setting which probably has been more favourable to men than women. The Committee notes the Government's indication that the allocation of approximately 90 per cent of "market pay" supplements to male government employees have been abolished, but that the amounts concerned have been incorporated in regular salaries. In this regard, the Committee notes the SCB's conclusions that, for government employees, there is less difference between women's and men's basic rates than between their total pay - which for municipal and county council employees includes supplements relating to working hours, such as compensation for non-working hours, on-call and standby duty.

The Committee notes with interest that the Government has appointed a special investigator to prepare a report on the nature and causes of these pay differentials between women and men and the possible means to overcome pay discrimination based on sex. The Committee requests the Government to supply a copy of this report as soon as it is completed. It again would be grateful if the Government would continue to provide information on other measures taken to recognize and understand the reasons for the earnings gap between men and women and to rectify the causes that are a result of direct and indirect sex discrimination.

3. The Committee notes with interest that the parties to the 1989-90 collective agreement for national government employees agreed to reserve 60 million Swedish kroner for joint efforts aimed at the development of methods and systems for comparing jobs of equal value. The Committee also notes with interest the information supplied by the LO on its new policy for working life and pay structures which includes efforts to devise models and methods for enhacing the valuation of women's jobs, in collaboration with its affiliated federations. The Committee requests the Government to indicate what results are being achieved in conjunction with these social partners towards developing viable methods of comparing the value of work. For example, was there any follow-up after the distribution to trade union organizations of the study on job evaluation funded by the Work Environment Fund and the Centre for Working Life?

4. In its previous comments, the Committee referred to the Government Bill on Equality to the Mid-Nineties (1987/88:105) to achieve an equal distribution of the sexes in occupational groups. The Committee again requests the Government to provide information on the measures and goals aimed at the elimination of both wage discrimination based on sex and the under-valuing of work performed by women.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes the information provided by the Government in its report and the detailed statistical data appended thereto.

1. Noting the indications given in the report as to the standstill (and for many sectors, the widening) in the reduction of the earnings gap between men and women, the Committee requests the Government to continue to supply information on the measures taken to discern the reasons for this situation, and to redress such causes as become apparent that are due to sex discrimination. In this regard, the Committee would be grateful if the Government would give particular consideration to the questions of: (i) the allocation of roughly 90 per cent of market pay supplements to male government employees; and (ii) the decline of women's pay status in relation to men's among those with engineering and science degrees and at the senior executive level.

2. The Committee notes with interest the action being taken pursuant to the Government Bill on Equality to the Mid-nineties (1987/88:105) to bring about an equal distribution of the sexes in occupational groups. It requests the Government to continue providing information on these measures and on the action being taken to realise the goals outlined on page 7 of the Ministry of Labour's Summary of Government Bill 1987/88:105 (viz. the elimination of both sex discrimination in remuneration and the undervaluing of work carried out by women). As concerns job evaluation systems, the Committee requests the Government to indicate whether any positive results have emerged from the distribution to trade union organisations of the study on job evaluation (funded by the Work Environment Fund and the Centre for Working Life) referred to in the Committee's previous comments.