Introductory provisions
section 1 of this Act apply to an employer who does not have
taken such control measures referred to in Chapter 20. 12 §
the second paragraph of the Act on foreigners (2005:716) is an alien
employed in Sweden who do not have the right to reside here. The law
also applies when such foreigner temporarily performing work
in another country.
The law does not apply to nationals of an EEA State or in
Switzerland, nor on their family members, if these
have the right to free movement in accordance with the rules in force in
The European Union.
section 2 of The terms in comparison with this law is to
the disadvantage of the alien is without effect against him or
her.
section 3 of this Act, the term client that engages a
or more subcontractors to carry out a head-
or a subcontracting agreement.
With clients in previous stages covered by this law a
clients who do not have a direct contractual relationship with the
the subcontractor who is the employer of the alien.
The law does not apply to anyone who is ordering a party to a
the main construction contract.
Salary and other compensation
section 4 of A foreigner who has done work in such
conditions referred to in paragraph 1 have the right to pay
and other remuneration from his employer.
5 § At dispute between an employer and an alien on wages
or other remuneration for work performed shall, unless someone
of them showing different,
1. the salary or compensation be considered equivalent to the minimum wage and
compensation resulting from collective agreements or practices in
profession or industry, and
2. the alien shall be deemed to have performed three months of full-time work.
Costs to send wages and other compensation
section 6 if there are costs to send such salary and
other compensation referred to in section 4 to a foreigner to
employer to pay these.
Customer's responsibility
section 7 If an employer hired as subcontractors for
the implementation of a construction contract can not replace a
alien under 4 to 6 sections, responsible employer
clients and clients in the upstream in solidarity
with each other for the salary and other compensation as well as the
any costs incurred in sending the salary and compensation
to the foreigner that the employer would have paid under
4-6 sections.
A client who has taken reasonable control measures
and that does not recognize or have reasonable grounds to believe that
the employer has one or more foreigners employed as
missing the right to reside in Sweden, is not liable under
the first paragraph.
A client of the upstream is responsible pursuant to the first
subparagraph only if the customer realizes or has reasonable
reason to believe that the employer has one or more
foreigners employees who lacked the right to reside here and that
worked in during the work.
§ 8 the employer shall reimburse the person who has paid remuneration or
other compensation under the first subparagraph. The corresponding
obligation also applies for such clients as is
responsible according to § 7 in relation to clients in
upstream.
Rules of procedure
section 9 Goals on the application of this Act shall, in so far as the dispute
refers to the relationship between an employer and a foreigner,
be dealt with in accordance with the Act (1974:371) on trial in
labour disputes.