SwedenJanuary 2002
REPORT
for the period 1st July 1999 to 30th June 2001, made by the Government of Sweden in accordance with Article 22 of the Constitution of the International Labour Organisation, on the measures taken to give effect to the provisions of the
Right to Organise and Collective Bargaining Convention, 1949 (No. 98)
ratification of which was registered on 18th July 1950.
Reference is made to previous reports on this convention and on Convention 87, the latest of which was submitted in 2000. App. 1
I
Act (2000:163) amending the Employment (Co-determination in the Workplace) Act (1976:580). App. 2
Act (2000:166) amending the Employment (Co-determination in the Workplace) Act (1976:580). App. 3
Ordinance (2000:258) containing Standing Instructions for the National Mediation Office. App. 4
Ordinance (2000:259) amending the Decree (1976:826) on Mediation in Labour Disputes. App. 5
II
Information supplied by the National Mediation Office
The National Mediation Office, which took over the primary responsibilities of the National Conciliators’ Office in 1999, has two main tasks, viz mediation in industrial disputes and the promotion of efficient wage formation. In addition, the National Mediation Office is a statistical authority and the commissioner of official wage statistics. During the autumn of 2000 and in 2001 the Office was at the build-up stage. It commenced activities during the spring of 2001, in connection with the new round of pay talks. App. 6
The foremost task of the National Mediation Office is to mediate in labour market disputes on an ad hoc basis. Mediators are appointed in the event of disputes between employer and employee sides in their negotiations on pay and general conditions of service. The mediators are expected to keep themselves informed of the general socioeconomic situation in Sweden. Their task is to ensure that agreement is reached between the parties and peaceful industrial relations thereby established. In addition, the mediators are to encourage the conclusion between the parties of agreements compatible with efficient wage formation.
The National Mediation Office has taken steps to ensure the efficiency of mediation activities in connection with succeeding the National Conciliators’ Office, one essential concern being to broaden the circle of suitable persons who are willing to accept mediation assignments. The mediators are not employed by the Office but are appointed with reference to each individual dispute. Many of them have previously served as negotiators on behalf of one or other of the labour market parties.
Affiliated to the National Mediation Office are six regional mediators. They are called in to deal with local disputes at enterprise level. One type of dispute frequently occurring is when a firm refuses to sign a collective agreement with a trade union. The regional mediators are affiliated to the National Mediation Office for one year at a time, on a sideline basis. Several of them are of many years’ standing and are or have been courtroom lawyers.
Most of the labour market being covered by agreements valid up to and including the first quarter of 2001. The number of negotiations during 2000 on pay and general conditions of service was limited and, accordingly, mediation services were in relatively little demand. In connection with collective bargaining during the spring of 2001, the National Mediation Office appointed mediators for thirteen national negotiations – now concluded – on pay and general conditions of service. All of these mediators were appointed at the request of the parties or with their consent.
The National Mediation Office is empowered, at mediators’ request, to order a party to postpone an impending industrial action. No such request having been received from the mediators appointed, this power has not been exercised. Insofar as the mediators have requested the parties themselves to postpone industrial action already announced, their requests have been acceded to. With one exception, national agreements have been concluded without the impending industrial action taking place.
In its deliberations with the labour market parties concerning current and future collective negotiations, the National Mediation Office shall supervise the construction of central collective agreements in such a way as to promote the effort of the parties at local level to achieve equality of pay between the sexes. The National Mediation Office is responsible for the publication of information on wage movements in an equal opportunities perspective. Opportunities for researching pay developments among men and women are to be improved by adding wage data to the LINDA database.
III The Labour Court
During the period covered by this report, the Labour Court decided five cases referring to infringement of the right of association.
AD 1999 No. 66 concerns a case where three employees, all members of a union having a collective agreement with their employer, an abattoir, were dismissed for actively participating in an action which forced the company to suspend production. The action was a protest against wearing the regulation protective apron, which was part of the prescribed personal protective equipment. A fourth employee who had resigned his union appointment in connection with the action was not dismissed, even though, like the other three, he had served on a piecework committee. The employer took the view that he had remained passive during the action, and for that reason he was not sacked. The point at issue was whether the dismissals had been done legally, or, by sacking the three union members, the employer had violated the right of association. The Labour Court found that the action had resulted from a joint decision by the employees and that, accordingly, the three could not be blamed for having played a more active role in the action beside the other participants, over and above their capacity as spokesmen for the group. No legal cause therefore existed for dismissing the three employees. The Labour Court was disposed to view the company’s dismissal of the three employees in relation as a reaction that they, as perceived by the employer, had had a crucial influence on the action, but it did not otherwise find that the dismissals were prompted by trade union activity. The court found no likelihood of the dismissals having been intended by the company as an infringement of the right of association.
In AD 2000 No. 20 the point at issue is whether deductions for inspection fees from the wages of non-unionised employees are an infringement of the freedom of association under Article 11 of the European Convention on Human Rights and Fundamental Freedoms. Generally successive collective agreements have long applied between the Swedish Construction Federation and the Swedish Building Workers’ Union. The collective agreement provides for deductions to be made at a certain percentage of the wage base. The Labour Court finds that the wage deductions for inspection fees cannot be equated with compulsory affiliation, nor can the wage deductions be considered to subject the non-unionised employees to compulsion or pressure to become members of the union. The procedure of deduction for inspection fees from the wages of the non-unionised workers concerned does not involve any infringement of their negative freedom of association. It was therefore the duty of the company, under the provisions of the collective agreement for the building industry, to make a deduction for inspection fees from the wages of the non-unionised workers. The claim by the Swedish Construction Federation was therefore dismissed.
AD 2000 No. 38 concerns a negotiating situation between an employer and two trade unions, one of which is a party to a collective agreement. Two tram drivers belonging to the union not having a collective agreement were offered a temporary foreign posting by the employer. The union with a collective agreement objected to the offer, on account of the other union not having signed a collective agreement. The court found the employer guilty of infringing the right of association, since the employees had been entitled to receive the offer and their non-selection was considered to have been wholly prompted by their union membership.
AD 2000 No. 74 concerns a case of measures by the employer against a former union official at a national authority. As union official, the employee had been involved in the writing of a letter criticising a prospective head of the authority. The union organisation alleged that the employee, who had since resigned his union appointment, had because of his involvement been subjected by the employer to treatment infringing his right of association. The court found the offence against the employee to have been prompted by his use of his right of association. The employer’s action infringed the employee’s right of association and therefore constituted unlawful encroachment on the union’s activity. Through its action the employer was in breach of Section 8 of the Co-determination Act and also of Section 4 of the Union Officials Act.
AD 2001 No. 9 concerns wage supplements. An employer was bound by a collective agreement with the Swedish Food Workers’ Union. Under a local collective agreement, a wage supplement was payable solely to those employees who were members of the union. The point at issue was whether the employer had infringed certain employees’ right of association by ceasing to pay wage supplements to them after they had changed unions. The Labour Court found on the evidence that the purpose of the provision was for wage supplements only to be paid to those who at the time of the agreement being made were employees of the company and members of the Food Workers’ Union. The wage supplement was intended as a personal supplement, payable exclusively to those employees who were members of the union at the time of the agreement being entered into and for as long as they remained members. No reason existed for modifying the agreement, nor had the company infringed the employees’ right of association.
AD 2001 No. 33 concerns the sacking of an employee who was also a union official. The question was whether the employer had thereby been guilty of infringing the right of association. It was undisputed that with the passing of the time the company had grown increasingly critical of the union official’s way of discharging his duty, and this had prompted the employer to request central negotiations. The Labour Court noted that an employer’s criticism of a particular union official’s way of discharging his duty did not in itself amount to infringement of the right of association. The court’s assessment was that the union had not established it as likely that the dismissal constituted an infringement of the employee’s right of association.
V Communication
This report has been communicated to the following organisations of employers and workers:
(1)Föreningen Svenskt Näringsliv (the Confederation of Swedish Enterprise)
(2)Svenska kommunförbundet (the Swedish Association of Local Authorities)
(3)Landstingsförbundet (the Federation of Swedish County Councils)
(4)Arbetsgivarverket (the Swedish Agency for Government Employers)
(5)Landsorganisationen i Sverige (the Swedish Trade Union Confederation)
(6)Tjänstemännens Centralorganisation (the Swedish Confederation of Professional Employees)
(7)Sveriges Akademikers Centralorganisation (the Swedish Confederation of Professional Associations)