Protecting the labour rights of all workers, including migrant workers, in Sweden
Ensuring the protection of all workers, including migrant workers, is crucial. Without this protection, there is a risk of deteriorating working conditions and wages, which leads to unfair competition and market distortion. In Sweden, this issue has been strongly acknowledged, and social partners are implementing projects to protect the labour rights of all workers.
The Swedish Work Environment Authority is a regulatory agency under the Ministry of Labour (MoL) to enforce occupational safety and health provisions as found in the Work Environment Act and working hours legislation. In 2018, the Joint Authority Control (member of the European platform tackling undeclared work (European Labour Authority (ELA), 2021)) was founded to step up efforts to protect labour rights. It is coordinated by the Swedish Work Environment Authority and brings together nine government authorities and seven regional centres across Sweden have been established. Through the Joint Authority Control, the Work Environment Authority provides funding to implement projects aimed at protecting workers.
Several trade unions in Sweden, some in cooperation with employers’ organisations, implement projects to protect workers in certain sectors. Some of these projects are carried out independently while others count with funding from the MoL/Work Environment Authority. They focus on sectors with high risks of labour rights abuses and with a large proportion of migrant workers such as the construction and services sectors (especially hospitality and cleaning services). In the construction sector, workplace accidents and occupational diseases are twice more likely to happen than in other sectors.
The Swedish Construction Workers Union, Byggnads, a member of LO, The Swedish Trade Union Confederation, started implementing in March 2024 a project called “Swedish Construction Control” (Svensk Byggkontroll) to support construction companies to comply with the labour law, combat unfair competition and ensure workers are paid the wages and benefits they are entitled to according to the collective agreements in place. Investigators who are elected by trade union members are trained by Byggkontroll to conduct investigations. These include checking pay slips, time reports, employment contracts, salary payments and tax payments (see Figure below).
Through inclusion of specific clauses in collective agreements, companies agree to participate in the project. Employers pay an annual fee, which is calculated based on the number of their employees covered by Byggnads collective agreements, to finance inspections conducted under the Construction Control project. If violations are found, the case is referred to a bipartite committee composed of workers’ and employers’ representatives, who can decide either to conduct additional checks or to refer the case to the Swedish Work Environment Authority.
The Swedish Union representing cleaning and maintenance Workers, Fastighets, also a member of LO Sweden, is implementing a project in the cleaning industry to combat the exploitation of workers who are in a vulnerable situation, often migrants. According to Fastighets, frequently, these workers are not organised and possess limited knowledge of their rights as provided for by the Swedish labour law and collective agreements in place.
Furthermore, according to Fastighets, abuses start at the recruitment phase where workers are misled about their working conditions and put under a sponsorship scheme that ties them to their employer. Some workers have reported to have endured long workweeks of 60 hours and being paid wages that are below the minimum agreed in collective agreements. Salary deductions are common to pay back high recruitment fees, and under the pretext of covering housing, often in sub-standard conditions.
Fastighets recognises that this situation threatens all workers by driving down wages and working conditions. Moreover, it leads to unfair competition and market distortion at the expense of labour rights, creates uncertainty in the labour market and provides unlawful income for criminal groups.
To address this issue, Fastighets received grants from the Swedish Work Environment Authority, attributed by the Joint Authority Control. The first grant was awarded in 2023 to implement the first phase of the project fighting work-related crime in the west of Sweden. A second grant was awarded in 2024 to implement a second phase of the project in collaboration with the employers’ organisation ALMEGA in the west, south, and centre of Sweden.
The Swedish union representing cleaning and maintenance workers, Fastighets, describes work-related crimes as deliberate and intentional acts that violate the laws and regulations set for the Swedish labour market. It involves systematic law violations or criminal activities that drive down prices and lead to competitive advantages. Examples include breaches of collective agreements, violations of the Work Environment Act, economic crimes, labour exploitation, human trafficking, or breaches of the Posting of Workers Act. In some instances, there may also be connections to international criminal networks. Work-related crime is primarily found in labour-intensive industries.
Fastighets conducted several awareness-raising activities, in close collaboration with the Joint Authority Control and LO Sweden. As a result, 35 companies employing 3 000 workers are now part of a network committed to fighting work-related crime. Each member company signs a declaration committing to fight work-related crime and respect labour rights. This declaration was designed in collaboration with the trade union Kommunal, the Swedish Public Workers’ Union, which also receives funding from the Work Environment Authority through the Joint Authority Control and has a large number of cleaners among its members.
- Informing their staff about work-related crime.
- Reporting work-related crime to Fastighets and the police.
- Providing employment to workers who choose to denounce abusive working conditions.
- Draw attention to awards that undercut market prices, both in private and public procurement.
Once companies join the project, they have the right to use the “Network against work-related crime” logo, which helps customers navigate the market. The logo contains a QR code that leads to the project’s website, created by Fastighets, displaying information about the project and the companies that have joined. Companies that violate the Work Environment Act and provisions found in collective agreements may be excluded from the project, and the logo removed.
In addition, Fastighets identifies companies that do not respect labour rights by following up on tips and supports workers whose labour rights have been violated. Fastighets, encourages workers to report work-related crimes before their work permit expires (it should be three months in advance) and provides support to change of employers and subsequently extend their work permit. In addition, by uniting forces with civil society actors, more comprehensive support is provided, especially in case of emergencies – for example, when there is a need for medical assistance, psychological support or temporary housing
In case employers are responsible for work permit applications and extensions, migrant workers can be hesitant to denounce labour rights abuses, and to approach authorities or trade unions. Migrant workers have reported being afraid to denounce abusive employers, as employers can threaten not to extend their work permits. This is especially true for women, who are vulnerable to sexual exploitation.
Fastighets has supported workers whose labour rights have been violated. For example, female employees, who had been sexually exploited, and whose employers threatened to not extend their work permits, received support to change employers, extend work permits and receive compensation for the abuse suffered.
It is important to note that Fastighets provides support to all workers, not just trade union members. Workers in irregular situations can also become trade union members if they have a temporary ID, and they can receive support from centres for irregular workers run by trade unions on a pro-bono basis.
Moving forward, Fastighets aims to extend the project to other regions (to the north and east of Sweden) and is actively showcasing its impact at national and regional levels, as well as on social media. To ensure the project's sustainability, regional focal points are being designated to oversee its operations once funding ends.
Key Lessons
Trade unions in Sweden have made an important contribution to protect the rights of workers in sectors where abuses are more common and where there is a high share of migrant workers.
Collective agreements, by including measures to protect workers, can prevent unfair competition and market distortion by ensuring that all actors adhere to the same standards.
It is important to pay attention to factors that can put workers in a vulnerable situation and that can lead to labour rights abuses. Social partners play a key role to detect these.
To protect labour rights effectively, it is crucial for trade unions to collaborate across industries and with employers’ organisations.
Governments have an important role to play to support social partners fulfilling their missions.
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