Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the comments made by the Swedish Trade Union Confederation (LO) and the Swedish Confederation of Professional Employees (TCO) on the application of the Convention within the framework of the European Court of Justice (ECJ) judgment in the case Laval un Partneri v. Svenska Byggnadsarbetareforbundet (Laval). The LO and the TCO refer in particular to the ex post facto application of the interpretation given to European Union law in the Laval judgment with regard to the industrial action giving rise to that case and the punitive damages and legal fees levied against the unions, as well as the subsequent legislative amendments to the Foreign Posting of Employees Act and the Co-determination Act of 1976, as well as other matters which they consider to undermine collective bargaining. The Committee takes due note of the Government’s report in which it touches upon the questions raised in a general manner and informs the Committee of the adoption of the new legislation and of the Government’s additional reply to the comments made by the Swedish trade unions, received on 30 November 2010. The Committee requests the Government to send detailed information on all of the matters raised, including in further response to the views of the social partners.

The Committee observes that the matters raised by the LO and the TCO touch upon both the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) and Convention No. 98 and that the unions highlight the intrinsic link between collective bargaining rights and effective industrial action. Given the importance of the matters raised by the LO and the TCO, and the significance of the potential effect of the recent measures taken in the country, the Committee requests the Government to monitor the impact of these legislative changes on the rights under the Convention and provide a detailed report in time for its examination at the Committee’s next meeting in November–December 2011.