Effect given to the recommendations of the committee and the Governing Body - Report No 344, March 2007

Case No 2171 (Sweden) - Complaint date: 20-NOV-01 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 203. The Committee last examined this case, which concerns a statutory amendment enabling workers to remain employed until the age of 67 and prohibiting negotiated clauses on compulsory early retirement, at its March 2006 session (see 340th Report, paras 215–219). The Committee requested the Government to provide precise information on how many collective agreements contained provisions that were abrogated by the statutory amendment and how many of the concerned agreements had expired. Noting that the Government had indicated that it had not been possible to find a satisfactory solution during the meetings with the social partners, the Committee regretted that the Government had not provided any specific information on the measures taken in this regard (date and number of meetings held, social partners involved, views expressed, etc.). Recalling its previous recommendations and that more than four years had elapsed since the filing of this complaint, the Committee strongly urged the Government to take all the necessary measures in order to ensure that a negotiated solution with the social partners would be agreed in the very near future.
2. 204. In a communication dated 30 August 2006, the Government indicates that, according to a recent survey, the great majority of the collective bargaining agreements in force, covering the majority of employees in Sweden, have been adapted to the right to remain employed until age 67 as provided for in the Employment Protection Act. However, the following agreements have not been amended and contain obligations on the employees to retire at 65: (1) the agreement on supplementary pension scheme between SAF (now Svenskt Näringsliv) and LO concerning workers in the private sector; (2) the agreements on pensions for workers and for salaried employees within cooperative companies, non-profit associations and non-governmental organizations referred to by KFO; and (3) the agreement on pensions (PA91) for employees in the public sector born in 1943 or earlier and for military officers born in 1948 or earlier. Thus, there still exists collective agreements which restrict the employees’ right to remain employed until the age of 67 and which therefore are invalid in accordance with the transitional provision in the Employment Protection Act. The Government adds that those organizations, covered by agreements containing an obligatory retirement at the age of 65, have emphasized that the organizations do not apply the agreements in practice since the mandatory rule in the Employment Protection Act provides for the right to remain employed until the age of 67. The reasoning seems to be that there is no practical need to amend the provision to retire at the age of 65.
3. 205. With regard to the Committee’s recommendation for negotiations with the social partners, the Government indicates that it has continuous consultations with the social partners in order to reach a solution. The latest meeting took place on 2 February 2005 and since then no official meeting has been held. Sporadic contacts have continued on an informal basis. However, the consultations with the social partners have so far not resulted in a negotiated solution.
4. 206. The Committee notes with deep regret that, despite its recommendation for a negotiated solution to be found in the near future with regard to the statutory amendment of collective agreement clauses on compulsory early retirement, no official meeting has taken place on this subject since February 2005, that is to say, for more that two years. Recalling that more than five years have now elapsed since the filing of this complaint, the Committee once again strongly urges the Government to pursue in a meaningful manner negotiations with the social partners concerned so as to determine a solution acceptable to all concerned, particularly as regards the application of those agreements still in force, which are not in conformity with the statutory retirement age. The Committee requests to be kept informed of all steps taken in this respect.