Prepare procurement
Assessing the need for the clause
Before initiating a procurement, you need to assess the need for the contract clause.
If Swedish labour law is not applicable, you are in certain cases required to oblige the supplier to fulfill the contract in accordance with the ILO fundamental conventions, if this is “necessary.”
Labour law conditions in procurement regulations (in Swedish only)
ILO Fundamental Conventions
The International Labour Organization (ILO) is the UN’s specialized agency for employment and labour issues. The ILO Declaration on Fundamental Principles and Rights at Work commits member states to respect and promote these principles and rights, even if they have not ratified the fundamental conventions. There are ten fundamental conventions, covering five areas:
The core conventions are ten in number and concern five different areas:
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freedom of association and collective bargaining (ILO 87 and 98)
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forced labour (ILO 29 and 105)
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child labour (ILO 138 and 182)
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discrimination in employment (ILO 100 and 111)
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safe and healthy working environment (ILO 155 and ILO 187).
When conducting a procurement, you must therefore perform a necessity assessment. This assessment should be based on the risk of unfair working conditions within the supply chain. It is therefore not sufficient to only consider the location of final manufacturing. Products from Northern Europe, where the risks are generally lower, may contain components or raw materials from countries with higher risks. However, the necessity assessment is simplified by the fact that it is sufficient that there is something that indicates that the clause needs to be imposed for it to be “necessary.” This means that the clause more or less always needs to be imposed for international supply chains.
For the Swedish Regions' prioritised purchasing categories, a national necessity assessment has already been performed, and the clause shall always be applied. For other categories, you can use the template available on the country risk page.
Identifying and assessing adverse impacts
Identifying and assessing adverse impacts is important for understanding risks. It is also crucial for determining whether additional requirements are needed, such as for responsibly sourced minerals, and for defining what should be included in the transparency requirement.
The Swedish National Agency for Public Procurement offers a risk analysis service (in Swedish) that provides information on risks for high-risk products and tips on how to manage these risks.
You can also identify and assess adverse impacts in the supply chain yourself.
Mapping industry conditions
The possibilities for ensuring sustainability in supply chains vary between industries. Structural issues, such as a lack of traceability, can make this work more complex. In such cases, collaboration through industry initiatives and certifications can be a solution. Therefore, engage in early dialogue with suppliers about industry challenges and solutions.
Early dialogue (in Swedish)
Planning for monitoring
The supplier shall participate in and cooperate with you in the monitoring of the contract clause, through dialogue, self-assessment, supply chain disclosures, and audits. Plan the monitoring already in the preparation phase, even if the details are set later. Ensure that you have the necessary resources and expertise to carry out monitoring effectively.
Procurement categories with particularly high risks are jointly monitored by the National Secretariat for Sustainable Public Procurement. The results are published on our website. You can also contact the secretariat for information about which suppliers will be monitored during the year.
Buyers can also use Adda Central Purchasing Body's framework agreement for audits (in Swedish).
Adda Central Purchasing Body's framework agreement Audit and Advisory Services